Section 60-11-20 – Promulgation of rules.
60-11-20. Promulgation of rules. The Department of Labor and Regulation shall promulgate rules pursuant to chapter 1-26 to carry out the provisions of §§60-11-8 to 60-11-23, inclusive. Source: SL 1971, ch 274, §11; SL 1993, ch 375, §13; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
Section 60-11-21 – Reciprocal agreements with other states for enforcement of wage claims.
60-11-21. Reciprocal agreements with other states for enforcement of wage claims. The Department of Labor and Regulation may enter into reciprocal agreements with the labor department or corresponding agency of any other state or with the person, board, officer, or commission authorized to act for and on behalf of such department or agency, for the […]
Section 60-11-22 – Maintenance of actions outside state by department–Assignment to other state for collection.
60-11-22. Maintenance of actions outside state by department–Assignment to other state for collection. The Department of Labor and Regulation may, to the extent provided for by any reciprocal agreement entered into pursuant to the provisions of §60-11-21, or by the laws of any other state, maintain actions in the courts of such state for the […]
Section 60-11-23 – Actions in South Dakota on claims arising in other states–Reciprocation required.
60-11-23. Actions in South Dakota on claims arising in other states–Reciprocation required. The Department of Labor and Regulation may, upon the written request of the labor department or other corresponding agency of any other state or any other person, board, officer, or commission of such state authorized to act for and on behalf of such […]
Section 60-11-24 – Action removed by defendant–Plaintiff’s costs and attorney fees.
60-11-24. Action removed by defendant–Plaintiff’s costs and attorney fees. In any action for wages brought in small claims court which is removed to magistrate court or circuit court under § 15-39-57, the court may, in addition to awarding judgment to the plaintiff, allow costs of the action, including reasonable attorney fees, to be paid by […]
Section 60-11-16 – Fraudulent claim by employee–Misdemeanor.
60-11-16. Fraudulent claim by employee–Misdemeanor. Any employee who falsifies the amount due to the employee or who intentionally attempts to defraud the employer commits a Class 2 misdemeanor. Source: SL 1971, ch 274, §8; revised pursuant to SL 1976, ch 158, §43-6; SL 1978, ch 359, §2; SL 2008, ch 276, §85.
Section 60-11-17 – Department to investigate and prosecute violations–Hearings–Access to employer’s records.
60-11-17. Department to investigate and prosecute violations–Hearings–Access to employer’s records. The Department of Labor and Regulation shall ensure compliance with the provisions of this chapter, investigate any violations of §§60-11-8 to 60-11-23, inclusive, and institute or cause to be instituted actions for penalties and forfeitures provided thereunder. The department may hold hearings to satisfy itself […]
Section 60-11-17.1 – Reprisals because of wage complaints or proceedings prohibited.
60-11-17.1. Reprisals because of wage complaints or proceedings prohibited. No employer may discharge, discriminate, or engage in or threaten to engage in any reprisal, economic or otherwise, against any employee because the employee has made any complaint to the employer, or to the Department of Labor and Regulation, that the employee has not been paid […]
Section 60-11-18 – Department may take assignment of employees’ claims– Prosecution–Joinder of actions.
60-11-18. Department may take assignment of employees’ claims– Prosecution–Joinder of actions. The Department of Labor and Regulation may take assignments of wage claims, rights of action for penalties, provided by §§60-11-8 to 60-11-23, inclusive, not to exceed five hundred dollars in any case of any one claim without being bound by any of the technical […]
Section 60-11-19 – Assignment of employees’ claims in trust to department–Prosecution–Settlement and adjustment.
60-11-19. Assignment of employees’ claims in trust to department–Prosecution–Settlement and adjustment. If the Department of Labor and Regulation determines that wages have not been paid, and that the unpaid wages constitute an enforceable claim, the department shall upon the request of the employee take an assignment in trust for the wages or any claim for […]