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Workers Must Return to Work When Recalled
Workers who have been placed on a temporary layoff related to COVID-19 but refuse to return to work when recalled by their employer will lose unemployment benefits, except for certain circumstances. View guidance.
Businesses should use the Employer Reporting Refusal of Suitable Work form to report employees who refuse to return to work without good reason or who quit their jobs. As soon as possible, email the form to RAFraud@state.sd.us .
The CARES Act specifically provides for serious consequences for fraudulent cases. Individuals are responsible for paying back benefits deemed as overpayments due to ineligibility.
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Reemployment Assistance Maximum Weekly Benefit Amount to Increase
The maximum weekly Reemployment Assistance (RA) benefit amount (WBA) will increase from $414 to $428 per week on any new claim filed July 5, 2020, or after. The maximum WBA, adjusted each July, is 50% of the average weekly wage in the prior calendar year. The minimum WBA is still $28.
The WBA is 1/26 of the wages paid in the highest quarter of the claimant’s base period, up to the maximum amount. The maximum amount of benefits payable within a claimant’s benefit year is one-third of their total base period wages. This must not exceed 26 times the weekly benefit amount.
Claimants working less than full-time may receive partial benefits. If the claimant’s wages or earnings equal or exceed the WBA, the claimant is ineligible for benefits that week.
More than 54,000 Initial State Claims Processed During Last Three Months
The Reemployment Assistance Division has processed over 54,000 initial weekly state claims from mid-March to the week ending June 13. Continued state claims, the number of unemployed workers eligible for and receiving benefits after their initial claim, is 18,649 for the week ending June 20. This is a decrease of 26% from the pandemic high for the week ending May 9.
“Many South Dakotans are going back to work, which is great for the economy as we work to get back to normal,” said state Labor and Regulation Secretary Marcia Hultman. “Jobs may look different, but our department is prepared to help workers retrain to meet new demands and help employers find qualified candidates.”
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Use our online SDWORKS jobs database to post and manage job listings that tens of thousands of job seekers can view. You can also search the database to find and review resumes of job candidates who fit the qualifications you specify.
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Labor Law Compliance Posters Available at No Charge
The Department of Labor and Regulation (DLR) has labor law compliance posters available at no charge from any Job Service office. This 6-in-1 poster includes six federal posting requirements. Various federal agencies, such as the U.S. Department of Labor, the Occupational Safety and Health Administration (OSHA) and the Equal Employment Opportunity Commission (EEOC) require workplace postings.
Victims of poster scams should contact the Attorney General’s Consumer Protection Division at 800.300.1986 or consumerhelp@state.sd.us with information or to file a complaint.
In addition, the State of South Dakota has two posting requirements: an unemployment "Notice to Employees" and a safety on the job posting required by workers' compensation law.
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QUICK LINKS
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South Dakota Department of Labor and Regulation
Employer Connection E-Newsletter
You have received this email because you have an account with the South Dakota Department of Labor and Regulation or have subscribed to the DLR Employer Newsletter ListServ
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