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 60-11-3.2 – 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 […]
Section 60-11-7 – Liability of employer for double damages for breach of obligation to pay wages.
60-11-7. Liability of employer for double damages for breach of obligation to pay wages. In any action for the breach of an obligation to pay wages, if a private employer has been oppressive, fraudulent, or malicious, in the employer’s refusal to pay wages due to the employee, the measure of damages is double the amount […]
Section 60-11-8 – Employers subject to wage payment requirements.
60-11-8. Employers subject to wage payment requirements. In §§60-11-9 to 60-11-23, inclusive, the term, employer, includes any person, firm, partnership, limited liability company, association, corporation, receiver, or other officer of a court of the state, and any agent or officer of any kind of the above mentioned classes and subject to the provisions of these […]
Section 60-11-9 – Monthly wage payments required–Agreed pay day–Form of payment.
60-11-9. Monthly wage payments required–Agreed pay day–Form of payment. Every employer shall pay all wages due to employees at least once each calendar month unless otherwise provided by law, or on regular agreed pay days designated in advance by the employer, in lawful money of the United States. An employer may pay wages by check, […]