Section 60-11-13 – Payment of conceded wages when amount in dispute–Acceptance not a release of balance.
60-11-13. Payment of conceded wages when amount in dispute–Acceptance not a release of balance. In case of a dispute over wages, the employer shall give written notice to the employee of the amount of wages less whatever the employee owes the employer which the employee concedes to be due. The employer shall pay such amount […]
Section 60-11-14 – Provisions applicable to cash wages only.
60-11-14. Provisions applicable to cash wages only. Sections 60-11-8 to 60-11-23, inclusive, do not apply to any form of compensation other than cash wages owing to any employee by or on behalf of any employer. Source: SL 1971, ch 274, §15; SL 2008, ch 276, §83.
Section 60-11-15 – Employer’s intentional refusal to pay wages–Misdemeanor.
60-11-15. Employer’s intentional refusal to pay wages–Misdemeanor. Any employer who intentionally refuses to pay the wages due and payable when demanded as in §§60-11-9 to 60-11-13, inclusive, or who falsely denies the amount thereof, or that the same is due with the intent to secure for the employer or any other person any discount upon […]
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 60-11-3.1 – Minimum wage for tipped employees–Tips credited toward minimum wage–Certain persons excluded.
60-11-3.1. Minimum wage for tipped employees–Tips credited toward minimum wage–Certain persons excluded. Any employer of a tipped employee shall pay a cash wage of not less than fifty percent of the minimum wage provided by §60-11-3 if the employer claims a tip credit against the employer’s minimum wage obligation. If an employee’s tips combined with […]
Section 60-11-3.2 – Annual minimum wage adjustment.
60-11-3.2. Annual minimum wage adjustment. Beginning January 1, 2016, and again on January 1 of each year thereafter, the minimum wage provided by §60-11-3 shall be adjusted by the increase, if any, in the cost of living. The increase in the cost of living shall be measured by the percentage increase as of August of […]
Section 60-11-4 – Minimum wage–Agreement to work for less ineffective.
60-11-4. Minimum wage–Agreement to work for less ineffective. A person so employed at less than the minimum wage provided by §60-11-3 shall be entitled to recover the full amount measured by said minimum wage and costs, notwithstanding any agreement to work for less. Source: SL 1923, ch 309, §2; SDC 1939, §17.0607; SL 1943, ch […]
Section 60-11-4.1 – Opportunity wage allowed.
60-11-4.1. Opportunity wage allowed. Any employee who is under twenty years of age may be paid an opportunity wage as defined in section 6 of the Fair Labor Standards Amendments of 1996 as of October 1, 1996. Source: SL 1990, ch 413, §5; SL 1997, ch 298, §5; SL 1999, ch 260, §2.
Section 60-11-5 – Exemptions from minimum wage provisions.
60-11-5. Exemptions from minimum wage provisions. The provisions of §§60-11-3 and 60-11-4 do not apply to any apprentice, nor to any person learning the business or work in which employed, nor to any person with a developmental disability, if the Department of Labor and Regulation issues a permit for the person’s employment fixing the wage […]