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Women are
84%
more likely to
live in poverty
than white men in
South Dakota
Single-woman led households are at the
highest risk
of poverty in
South Dakota
In
South Dakota
, women earn
$0.78
for every dollar a white man makes
Women in
South Dakota
are
48%
more likely to earn
minimum wage
than white men
Women in
South Dakota
are
59%
more likely to earn a
tipped wage
than white men
In
South Dakota
, at least
71%
of women are essential to the financial security of their household
South Dakota’s equal pay law prohibits discrimination between employees on the basis of sex “by paying wages to any employee in any occupation in this state at a rate less than the rate at which the employer pay any employee of the opposite sex for comparable work.”[1] Comparable jobs must have comparable requirements of skill, effort, and responsibility, but not physical strength.[2]
Affirmative Defenses: The prohibition on pay disparities does not apply when pay differentials arise from established seniority systems, job descriptive systems, merit increase systems, or executive training programs.[3] In order to comply with the law, these systems may not discriminate on the basis of sex.[4]
Retaliation: An employee may not be retaliated against for making a claim of wage discrimination, providing information in a wage discrimination case, or testifying in a wage discrimination case.[5] Retaliation includes termination, threats of termination, or “other retaliatory action.”[6]
[1] S.D. Codified Laws 60-12-15.
[2] S.D. Codified Laws 60-12-15.
[3] S.D. CODIFIED LAWS§ 60-12-16.
[4] S.D. CODIFIED LAWS§ 60-12-16.
[5] S.D. CODIFIED LAWS§ 60-12-21.
[6] S.D. CODIFIED LAWS§ 60-12-21.
Yes. South Dakota’s equal pay law states that employers cannot discriminate in pay for performing “comparable work,” whereas the federal law uses the language “equal work.”[1]
[1] S.D. CODIFIED LAWS§ 60-12-15; S.D. Codified Laws 60-12-15; Equal Pay Act, 29 U.S.C. § 206(d)(1).
No. South Dakota laws do not mandate any form of employer pay disclosure.
No. South Dakota laws do not prohibit employers’ use of salary history in hiring and setting pay.
No. South Dakota law does not include protection for employees’ pay discussions. However, under federal law private sector employers generally cannot prohibit employees from discussing wages, with some exceptions such as supervisors.[1]
[1] Your Right to Discuss Wages, Nat’l Lab. Rels. Bd.,https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages#:~:text=Under%20the%20National%20Labor%20Relations,for%20mutual%20aid%20or%20protection(last visited Jan. 28, 2022); e.g., 29 U.S.C. §§ 151-169.
No. South Dakota law does not require employers to collect, report, or assess gender-based pay data.
Yes. Minimum wage in South Dakota is above the federal minimum wage and is adjusted annually based on the cost of living as measured by the Consumer Price Index (CPI).[1]
[1] South Dakota Minimum Wage, SOUTH DAKOTA DEP’T OF LABOR & REGULATION (last visitedDec. 8, 2023), https://dlr.sd.gov/employment_laws/minimum_wage.aspx#:~:text=Currently%20the%20minimum%20wage%20for,Dakota%20will%20be%20%2411.20%2Fhour; S.D. CODIFIED LAWS§ 60-11-3.2.
No. Employers can pay certain tipped workers less than minimum wage and is adjusted annually based on the cost of living as measured by the Consumer Price Index (CPI).[1]
[1] South Dakota Minimum Wage, SOUTH DAKOTA DEP’T OF LABOR & REGULATION (last visitedDec. 8, 2023), https://dlr.sd.gov/employment_laws/minimum_wage.aspx#:~:text=Currently%20the%20minimum%20wage%20for,Dakota%20will%20be%20%2411.20%2Fhour.
Yes. Every employer is required to pay monthly wages to their employees, at least once a month or on regularly agreed pay days.[1] Pay days should be directly stated in the employer’s policies.[2]
[1] S.D. CODIFIED LAWS§ 60-11-9.
[2] S.D. CODIFIED LAWS§ 60-11-9.
No. There is no wage and hour law in South Dakota requiring notice of wage rates.
No. South Dakota does not have a state overtime law, so federal law governs. Covered nonexempt employees must receive overtime pay for any time worked beyond 40 hours in a workweek (any fixed and regularly recurring period of 168 hours—seven consecutive 24-hour periods) at a rate no less than time and a half at the regular rate of pay.[1]
[1] 29 U.S.C. § 207 (2020).
Yes. An employer who intentionally refuses to pay an employee all wages due to them or falsely denies the amount of those wages commits a Class 2 misdemeanor.[1] In a wage theft action, if a private employer is deemed to have been “oppressive, fraudulent, or malicious” in their refusal to pay the employee the wages due, damages are double the amount of wages due.[2]
[1] S.D. CODIFIED LAWS § 60-11-15.
[2] S.D. CODIFIED LAWS § 60-11-7.
