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 the U.S. Department of Labor's website.
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.
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. There are also six postings required by federal law. For more information, see Posting Requirements.
Although there are some exceptions, employment relationships in South Dakota may be 'terminated at will,' which means an employer does not need a specific reason to fire an employee. State (and federal) law also forbids the discharge of any employee because of race, color, creed, religion, sex, ancestry, disability or national origin. In addition, an employee may not be terminated for serving as a juror in any court in the state of South Dakota. State law also provides some job protection for people who smoke. For more information, see Termination.
Unemployment insurance 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 unemployment insurance program is financed by employers through payroll taxes. Employers are subject to unemployment insurance (UI) 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 meeting the conditions set by law. For more information, see Unemployment Insurance.
South Dakota has a complex set of youth employment laws. For more information, see Youth Employment.
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.
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.