Employment Laws

Overviews of Various Employment Laws

Foreign Labor

If you want to hire someone who is not a U.S. citizen, whether on a temporary (H2A or H2B) or on a permanent basis, allowing him or her to work in the United States, you must first get a Labor Certification from the federal government. For more information on hiring foreign labor, please visit our Foreign Labor pages and the U.S. Department of Labor website.

Newly Hired Employees

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and South Dakota Codified Law 25-7A-3.3 require employers to report certain information on their newly hired employees. For more information, see New Hire Reporting.

Reemployment Assistance (formerly Unemployment Insurance)

Reemployment Assistance provides temporary financial assistance for persons who have lost their jobs, through no fault of their own, until they find other employment. South Dakota's reemployment assistance program is financed by employers through payroll taxes. Employers are subject to reemployment assistance (RA) tax if they meet certain criteria. When a person becomes unemployed, benefits are paid to the person if he or she is an eligible claimant.

Wages and Hours

As mentioned above, the Department's Wage and Hour office within the Labor & Management Division is responsible for enforcing laws covering wages and hours, such as those involving minimum wage, breaks and holiday pay. For more information, see Wage and Hour office.

Workers' Compensation

The South Dakota Workers' Compensation program, an insurance program that pays medical and disability benefits for work-related injuries and diseases, is also bound by laws and regulations in South Dakota. See Workers' Compensation for more information.

Marcia Hultman

Cabinet Secretary