An employee is one who is employed to render personal service to his employer otherwise than in the pursuit of an independent calling, and who in such service remains entirely under the control...

The contract of employment is one where the employer engages the employee to do something for the employer or for a third person. ...

The length of time which an employer and employee adopt for the estimation of wages is relevant to a determination of the term of employment. ...

In the absence of any agreement or custom as to the rate or value of wages, the term of service, or the time of payment, an employee is presumed to be hired by the month at a monthly rate of...

Where after the expiration of an agreement respecting the wages and the term of service the parties continue the relation of employer and employee, they are presumed to have renewed the agreement...

An employer must indemnify his employee, except as provided in § 60-2-2 for all that he necessarily expends or loses in direct consequence of the discharge of his duties as such, or of his...

An employer must in all cases indemnify his employee for losses caused by the former's want of ordinary care. ...

One who agrees to serve another for a good consideration must perform the service with ordinary care and diligence so long as he is thus employed. ...

One employed at his own request to do that which is more for his advantage than for his employer must use great care and diligence to protect the interest of the latter. ...

A contract to render personal service cannot be enforced against the employee beyond the term of two years from the commencement of service under it, but if the employee voluntarily continues his...

An employee must substantially comply with all the directions of his employer concerning the service on which he is engaged, even though contrary to the provisions of law on the subject of...

An employee must perform his service in conformity to the usage of the place of performance unless otherwise directed by his employer, or unless it is impracticable, or manifestly injurious to his...

An employee must use reasonable skill unless his employer has notice of his want of skill before employing him. The employee must always use all skill he possesses, as far as required, for the...

Everything which an employee acquires by virtue of his employment, lawfully or unlawfully, during or after the term of employment belongs to the employer, excepting any compensation due the...

An employee must, on demand, render to his employer just accounts of all his transactions in the course of his service as often as may be reasonable, and must, without demand, give prompt notice...

An employee who receives anything on account of his employer in any capacity other than that of a mere employee, is not bound to deliver it to him until demanded, and is not at liberty to send it...

An employee who has any business to transact on his own account, similar to that entrusted to him by his employer, must always give the latter the preference. ...

If an employee is entrusted with similar affairs by different employers, he must give them preference according to their relative urgency, or other things being equal, according to the order in...

An employee who is expressly authorized to employ a substitute is liable to his principal only for want of ordinary care in his selection. The substitute is directly responsible to the principal. ...

Where service is to be rendered by two or more persons jointly, and one of them dies, the survivor must act alone if the service to be rendered is such as he can rightfully perform without the aid...

A day's labor for employees is to the extent as is usual in the business in which they serve not exceeding ten hours in the day unless the employer and employee expressly agree to the contrary. ...

An employee must deliver to his employer as soon as with reasonable diligence he can find him, everything that he receives for his account, without demand; but he is not bound, without orders from...

It is an unlawful employment practice for an employer to seek to obtain, to obtain, or to use genetic information, as defined in § 60-2-21, of an employee or a prospective employee to distinguish...

For the purposes of § 60-2-20, genetic information is information about genes, gene products, and inherited characteristics that may derive from the individual or a family member. This includes...

A gratuitous employee who accepts a written power of attorney must act under it so long as it remains in force, or until he gives notice to his employer that he will no longer do so. ...

Every employment in which the power of the employee is not coupled with an interest in its subject is terminated by notice to him of: (1) Death of the employer; or (2) Legal incapacity of...

Every employment is terminated: (1) By expiration of its appointed term; (2) By extinction of its subject; (3) By death of the employee; or (4) By legal incapacity of the employee to...

An employee, unless the term of his service has expired, or unless he has a right to discontinue it at any time without notice, must continue his service after notice of the death or incapacity of...

An employment having no specified term may be terminated at the will of either party on notice to the other, unless otherwise provided by statute. ...

An employment even for a specified term may be terminated at any time by the employer for habitual neglect of duty or continued incapacity to perform or any willful breach of duty by the employee...

An employment even for a specified term may be terminated by the employee at any time for any willful or permanent breach of the obligations of the employer to the employee as such. ...

Repealed by SL 1971, ch 274, § 16. USER NOTE: For more generally applicable notes, see notes under the first section of this part, chapter or title. [Repealed] ...

An employer may discharge any employee whether engaged for a fixed term or not if he is guilty of misconduct in the course of his service or of gross immorality, though unconnected with the same. ...

An employer may discharge any employee whether engaged for a fixed term or not if, being employed about the person of the employer or in a confidential position, the employer discovers that he has...

It is a discriminatory or unfair employment practice for an employer to terminate the employment of an employee due to that employee's engaging in any use of tobacco products off the premises of...

...

There is hereby created a department of state government which shall be known as the state department of labor and which shall exercise all powers and perform all functions, duties and services...

The department of labor and management relations is abolished and all its functions shall be administered by the department of labor as provided by § 1-37-5. ...

Repealed by SL 1976, ch 20, § 14. USER NOTE: For more generally applicable notes, see notes under the first section of this part, chapter or title. [Repealed] ...

...

The secretary of labor shall appoint such other employees, including attorneys as may be necessary for the administration of the functions, duties and responsibilities as hereinafter provided. ...

All duties heretofore assigned to the industrial commissioner are hereby transferred to the department of labor. ...

...

The department of labor is hereby charged with the responsibility of administering and enforcing all the laws of this state pertaining to the employment of minors, and it may establish within the...

The department of labor shall cause to be investigated all violations or suspected violations of labor laws. The various state's attorneys of the several counties are hereby charged with the...

Repealed by SL 1993, ch 375, § 8. USER NOTE: For more generally applicable notes, see notes under the first section of this part, chapter or title. [Repealed] ...

...

The department may, by rules promulgated pursuant to chapter 1-26, establish and collect reasonable fees and charges, except fees prohibited by § 60-6-24, for the following: (1) Fees, not to...

The South Dakota state employment service is a division of the department of labor and the secretary, through such division shall establish and maintain free public employment offices in such...

The state employment service division of the state of South Dakota is continued under the direction and control of the secretary of the department of labor of South Dakota. ...

The South Dakota state employment service shall continue within the department of labor, and its functions shall be allocated between the service and the department as they were formerly allocated...

Wherever the term secretary is used in this chapter it shall mean the secretary of the department of labor and shall include the division and the director provided in this chapter for...

The secretary may co-operate with or enter into agreements with the railroad retirement board with respect to the establishment, maintenance, and use of free employment service facilities. ...

The secretary is directed to appoint the director, other officers, and employees of the South Dakota state employment service division. Such appointments shall be made in accordance with...

All moneys received by this state under the act of Congress referred to in § 60-6-1, as amended, shall be paid into the special employment service account in the employment security...

For the purpose of establishing and maintaining free public employment offices, the secretary is authorized to enter into agreements with the railroad retirement board, or any other agency of the...

The county commissioners of any county may appropriate money to aid in maintaining free employment agents in connection with the state employment service not to exceed the sum of five hundred...

The director shall also be the executive officer of the state employment service division and the management of such division shall be under his supervision. ...

The director in charge has power to enter into agreements with governing bodies of municipalities or counties which desire free employment service to use a portion of the fund provided by the...

The secretary is empowered to employ such clerical assistance as is necessary to carry out the provisions of this chapter, and to fix their compensation. ...

The director in his capacity of head of the state employment service division is empowered to secure and distribute the necessary books and forms for keeping a record of the movements of labor,...

The secretary shall have authority to appoint agents who shall be under the direction of the director as may be required in carrying out the provisions of this chapter. Such agents shall be...

The agents in charge of any of the employment offices established under the provisions of this chapter and under the direction of the director, shall receive applications from those seeking...

Each agent shall make to the director such periodic reports of applications for labor or employment and all other details of the office work of each office and the expense of maintaining the same...

For the purposes specified in this chapter every employment officer or agency established under this chapter shall keep a register of applicants for work and applicants for help in such form as...

The director shall render all aid and assistance necessary for the enforcement of any claim by an employee against his employer which the director finds reasonable and just, and for the protection...

An employer or a representative of employers or employees may file at a public employment office a signed statement with regard to a strike or lockout affecting their trade. ...

Any statement filed pursuant to § 60-6-19 shall be posted in the employment office but not until it has been communicated to the employers affected if filed by employees, or to the employees...

If an employer affected by a statement filed pursuant to § 60-6-19 notifies the public employment office of a vacancy or vacancies, the officer in charge shall advise any applicant for such...

No fees direct or indirect shall in any case be charged or received from those seeking the benefits of this chapter. Whoever shall violate the provisions of this section commits a Class 2...

Terms used in this chapter, unless the context plainly otherwise requires, mean: (1) Grantee, a nonprofit agency or organization designated to administer a multi-purpose service center;...

For the purposes of this chapter, a displaced homemaker is a person who has worked in a home for at least seven years providing unpaid household services for family members, is not otherwise...

The secretary of labor shall establish one pilot multi-purpose service center for displaced homemakers serving urban and rural areas. To the greatest extent possible, the secretary shall make the...

The secretary of labor shall: (1) Not later than August 1, 1979, begin a search for a grantee to carry out the programs described in this chapter; (2) Not later than November 1, 1979,...

The center shall develop job counseling and placement services by cooperating with federal, state and local governmental agencies and private employers in order to avoid unnecessary duplication of...

The services provided by the center shall include the following: (1) Counsel displaced homemakers with respect to job opportunities specifically designed for displaced homemakers; (2)...

To the extent possible, positions in the multi-purpose service programs within the center shall be filled by displaced homemakers. ...

The South Dakota state employment service shall specifically work with the center to secure employment for displaced homemakers. ...

The secretary of labor, with the advice of the staff at the center, shall adopt rules pursuant to chapter 1-26 concerning the eligibility of persons for job training and other programs of the...

The administrator of the center shall report to the secretary of labor as prescribed by rule. The administrator shall evaluate the effectiveness of the job training, placement and service to...

The Board of Vocational Rehabilitation is hereby designated as the Governor's Advisory Committee on Employment of People with Disabilities and shall perform the duties of the committee. ...

USER NOTE: For more generally applicable notes, see notes under the first section of this part, chapter or title. [Repealed] ...

The Governor's Advisory Committee on Employment of People with Disabilities shall promote and solicit employment opportunities for qualified individuals with disabilities and conduct a public...

Repealed by SL 1997, ch 297, § 3. USER NOTE: For more generally applicable notes, see notes under the first section of this part, chapter or title. [Repealed] ...

Repealed by SL 1997, ch 297, § 4. USER NOTE: For more generally applicable notes, see notes under the first section of this part, chapter or title. [Repealed] ...

Repealed by SL 1997, ch 297, § 5. USER NOTE: For more generally applicable notes, see notes under the first section of this part, chapter or title. [Repealed] ...

Repealed by SL 1997, ch 297, § 6. USER NOTE: For more generally applicable notes, see notes under the first section of this part, chapter or title. [Repealed] ...

Every person who by any use of force, threats, or intimidation, prevents or endeavors to prevent any hired foreman, journeyman, workman, laborer, servant, or other person employed by another from...

Every person who by any use of force, threats, or intimidation prevents or endeavors to prevent another from employing any person, or compels another to employ any person, or forces or induces...

No person shall be deprived of life, liberty, or property without due process of law. The right of persons to work shall not be denied or abridged on account of membership or nonmembership in any...

Any agreement relating to employment, whether in writing or oral, which by its stated terms, or by implication, interpretation, or effect thereof, directly or indirectly denies, abridges,...

Any solicitation or request to join a labor organization made by any person to any employee, accompanied by threats of injury to such employee or members of his family, or damage to property, or...

It shall be the duty of the state's attorney of every county to prosecute all persons violating any of the provisions of §§ 60-8-3 to 60-8-6, inclusive, in his county, and he shall be responsible...

Any labor union, organization or association, whether or not it be incorporated, may sue or be sued in its organization or association name, as an entity and in behalf of the employees whom it...

Any money judgment against a labor union, association or organization shall be enforced only against such union, association or organization as an entity, and against its assets, property and...

Nothing in § 60-9-1 or 60-9-2 shall be deemed to abrogate or restrict the right or liability of the individual members of a labor union, organization or association to sue or be sued jointly or...

Any collective bargaining agreement between an employer or employers and a labor union, association or organization, shall be enforceable at law or equity; and a breach of such collective...

In any action involving a labor dispute or involving a collective bargaining agreement between an employer and his employees and injunctive relief is sought, the only bond required shall be one...

Upon order of the department of labor any labor union operating or carrying on its activities in the state of South Dakota shall file with the secretary of state, within thirty days from receipt...

No officer, agent, or employee of any labor union shall enter, without the consent of the owner or operator, in or upon any ranch, farm, feed yard, shearing plant, or other agricultural premise,...

No person shall solicit or accept any money, or other thing of value, for services rendered, claimed to have been rendered, or promised, to any employer of the class mentioned in § 60-9-7, by...

Repealed by SL 1978, ch 359, § 3. USER NOTE: For more generally applicable notes, see notes under the first section of this part, chapter or title. [Repealed] ...

Terms used in this chapter mean: (1) Collective bargaining unit, an organization selected by secret ballot by a majority vote of the employees of a unit appropriate for such purpose; (2)...

In accordance with this chapter, employees shall have the right of self-organization and the right to form, join or assist labor organizations, to bargain collectively through representatives of...

A collective bargaining unit chosen for the purpose of collective bargaining by a majority of the employees in the unit shall be the exclusive representative of all employees in such unit; and...

The department of labor shall administer and enforce the provisions of this chapter. ...

The department shall have jurisdiction over any labor dispute or grievance not subject to the provisions of the Federal Railway Labor Act, and over which the national labor relations board does...

Whenever a question concerning the composition of employees covered by a collective bargaining unit is raised by an employer or an employee, or the representative of either of them, the department...

When a question concerning the collective bargaining unit of employees is raised by an employer, or an employee or the representative of either of them, the department shall investigate such...

If a tentative settlement is reached between an employer and employee or the representative of either of them, such representatives shall recommend to the employer and employee collective...

If a settlement is reached between an employer and collective bargaining unit or the representative of either of them, the settlement in the form of an agreement shall be implemented by the...

In case of a labor dispute or grievance, including but not limited to an impasse or failure to reach an agreement in negotiations, either party may request the department to intervene under the...

Repealed by SL 1983, ch 22, § 5. USER NOTE: For more generally applicable notes, see notes under the first section of this part, chapter or title. [Repealed] ...

It shall be an unfair practice for an employer to: (1) Interfere with, restrain or coerce employees in the exercise of rights guaranteed by law; (2) Dominate, interfere or assist in the...

It is an unfair practice for a collective bargaining unit or its agents to: (1) Restrain or coerce an employee in the exercise of the rights guaranteed by this chapter. However, this...

This chapter may be cited as the South Dakota Labor Relations Act. ...

In case of strikes, lockouts, or other labor disputes between employers and employees, the department of labor requested by either party, shall endeavor to conciliate the parties to the...

If its efforts as conciliator prove unsuccessful, the department of labor shall, if requested by either party, impartially investigate the matters in difference between the parties. The request to...

The secretary of labor shall have the right, if he so desires, or if requested by either party, to call in two capable citizens not directly connected with the dispute, one to be named by each...

No person shall picket, aid in the picketing of, or order to be picketed, the home of any employee or worker on any ranch, farm, feed yard, shearing plant, or other agricultural premise. Violation...

No person may boycott, assist in boycotting, or order to be boycotted, or otherwise interfere with the movement to market, or the sale of any commodity or farm product because the product may have...

Except as specifically provided in this chapter or chapter 60-9, nothing in §§ 60-9-6 to 60-9-8, inclusive, or in § 60-10-4 or 60-10-5, shall be construed so as to interfere with or impede or...

If any section, paragraph or clause or provision of §§ 60-9-6 to 60-9-8, inclusive, or of §§ 60-10-4 to 60-10-7, inclusive, is declared unconstitutional, such judicial decision shall not affect or...

Repealed by SL 1989, ch 445, § 1. USER NOTE: For more generally applicable notes, see notes under the first section of this part, chapter or title. [Repealed] ...

It is a Class 2 misdemeanor for any person, singly or in concert with others, to interfere or attempt to interfere with another in the exercise of his right to work or of his right to enter upon...

It is a Class 2 misdemeanor for any person to engage in picketing by force or violence, or to picket alone or in concert with others in such manner as to obstruct or interfere with free ingress or...

It is a Class 2 misdemeanor for any person or group of persons, employee or employees, or any labor union, association or organization, to use or engage in, or threaten to use or engage in...

A court may, after notice and hearing pursuant to § 15-6-65(a), place reasonable restrictions and penalties for violation thereof upon the number and location of pickets or other persons permitted...

Repealed by SL 1978, ch 359, § 3. USER NOTE: For more generally applicable notes, see notes under the first section of this part, chapter or title. [Repealed] ...

The state's attorney of every county shall have the same duty and responsibility of enforcement of §§ 60-10-10 to 60-10-13, inclusive, as is imposed upon him by § 60-8-8. ...

A day's labor in any manufacturing or mechanical occupation shall consist of eight hours unless there is an express agreement to the contrary. This shall not apply when the agreement is for...

It is a Class 2 misdemeanor for any employer, as defined herein to require any employee to pay the cost of a medical examination or the cost of furnishing any records required by the employer as a...

Any employer of a tipped employee shall pay a cash wage of not less than two dollars and thirteen cents an hour if the employer claims a tip credit against the employer's minimum wage obligation....

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...

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. ...

The provisions of §§ 60-11-3 and 60-11-4 shall not apply to apprentices, nor to persons learning the business or work in which employed, nor to a person mentally or physically deficient provided...

Repealed by SL 1978, ch 359, § 3. [Repealed] ...

In any action for the breach of an obligation to pay wages, where a private employer has been oppressive, fraudulent, or malicious, in his refusal to pay wages due to the employee, the measure of...

Whenever used in §§ 60-11-9 to 60-11-23, inclusive, employer includes any person, firm, partnership, limited liability company, association, corporation, receiver or other officer of a court of...

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...

In the event of the suspension of work as the result of a strike, lockout, or other labor dispute, the wages and compensation earned and unpaid at the time of said suspension shall become due and...

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 he concedes to be due and shall...

Sections 60-11-8 to 60-11-23, inclusive, shall not apply to any form of compensation other than cash wages owing to any employee by or on behalf of any employer. ...

Any employer who shall intentionally refuse to pay the wages due and payable when demanded as in §§ 60-11-9 to 60-11-13, inclusive, or who shall falsely deny the amount thereof, or that the same...

Any employee who shall falsify the amount due himself or who intentionally attempts to defraud the employer commits a Class 2 misdemeanor. ...

It shall be the duty of the department of labor to ensure compliance with the provisions of this chapter, to investigate as to any violations of §§ 60-11-8 to 60-11-23, inclusive, and to institute...

No employer shall discharge, discriminate or engage in or threaten to engage in any reprisal, economic or otherwise, against any employee because such employee has made any complaint to his...

The department of labor shall have power and authority to 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...

The department of labor shall promulgate rules pursuant to chapter 1-26 to carry out the provisions of §§ 60-11-8 to 60-11-23, inclusive. ...

The department of labor 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...

The department of labor 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 department of labor 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...

No unemancipated child under sixteen years of age may be employed for more than four hours in any school day, twenty hours in any school week, eight hours in any nonschool day, forty hours in any...

Every employer shall keep a list of all persons employed under the provisions of § 60-12-5 and shall keep the required certificates and permits filed therewith and open to inspection at all times...

The interior of every factory or workshop in this state where children are employed shall be cleaned or painted at least once in every twelve months. Every floor of any room in any such factory or...

In every mercantile or manufacturing establishment, hotel, or restaurant where children are employed suitable seats must be maintained in the room where such employees work and such use thereof...

...

The department of labor is directed to enforce all the laws of this state relative to employment of children. It shall require all the directors, inspectors, agents, and employees of the...

The department of labor shall investigate any complaint made to it as to violation of any of the laws of this state relative to employment of children, and independently without complaint shall at...

All places where children are employed and whose employment is in any manner regulated by law, shall at all times be subject to the visitation and inspection of the department of labor. ...

Every factory, workshop, mine, mercantile establishment, or other place in or in connection with which children are engaged at labor of any kind shall at all times be subject to visitation by the...

No employer shall discriminate 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 he pays any employee of...

Differentials which are paid pursuant to established seniority systems, job descriptive systems, merit increase systems, or executive training programs, which do not discriminate on the basis of...

Every employer of more than twenty-five persons shall make, keep, and maintain the records of the wage and wage rates, job classifications, and other terms and conditions of employment of the...

An employer who violates the provisions of § 60-12-15 is liable to an employee affected in the amount of his unpaid wages. Action to recover the liability may be maintained in a court of...

An agreement by an employee to work for less than the wage to which such employee is entitled to under §§ 60-12-15 to 60-12-21, inclusive, is not a defense to the action. ...

Court action under § 60-12-18 may be commenced no later than two years after the cause of action occurs. ...

No employer shall, for the purpose of dissuading an employee from preferring charges or giving information against him or testifying against him in an action brought under § 60-12-18, threaten...

No rule of law against perpetuities or suspension of the power of alienation of the title to property shall operate to invalidate any trust created or attempted to be created, prior to July 1,...

Terms used in this chapter mean: (1) Applicant, any person seeking employment as a nanny; (2) Employer, any person seeking to employ or employing a nanny; (3) Nanny, any person who...

This chapter applies to nanny applicants under age twenty-one, all nanny agencies and all employers of nannies. ...

A nanny agency shall execute a contract with and provide a copy of it to an applicant who uses its services. The contract shall specify the services that the agency provides to the applicant both...

Any employment contract between a prospective employer and an applicant executed as a result of services obtained through a nanny agency shall include: (1) The term of employment; (2) The...

Any contract between a prospective employer and nanny is voidable if the requirements of this chapter are not met. A nanny agency that does not comply with this chapter is civilly liable for all...

The contract of employment is one where the employer engages the employee to do something for the employer or for a third person. ...

The length of time which an employer and employee adopt for the estimation of wages is relevant to a determination of the term of employment. ...

In the absence of any agreement or custom as to the rate or value of wages, the term of service, or the time of payment, an employee is presumed to be hired by the month at a monthly rate of...

Where after the expiration of an agreement respecting the wages and the term of service the parties continue the relation of employer and employee, they are presumed to have renewed the agreement...

An employer must indemnify his employee, except as provided in § 60-2-2 for all that he necessarily expends or loses in direct consequence of the discharge of his duties as such, or of his...

An employer, except as otherwise specially provided, is not bound to indemnify his employee for losses suffered by the latter in consequence of the ordinary risks of the business in which he is...

One who agrees to serve another for a good consideration must perform the service with ordinary care and diligence so long as he is thus employed. ...

One employed at his own request to do that which is more for his advantage than for his employer must use great care and diligence to protect the interest of the latter. ...

A contract to render personal service cannot be enforced against the employee beyond the term of two years from the commencement of service under it, but if the employee voluntarily continues his...

An employee must substantially comply with all the directions of his employer concerning the service on which he is engaged, even though contrary to the provisions of law on the subject of...

An employee must perform his service in conformity to the usage of the place of performance unless otherwise directed by his employer, or unless it is impracticable, or manifestly injurious to his...

An employee must use reasonable skill unless his employer has notice of his want of skill before employing him. The employee must always use all skill he possesses, as far as required, for the...

An employee must, on demand, render to his employer just accounts of all his transactions in the course of his service as often as may be reasonable, and must, without demand, give prompt notice...

An employee who receives anything on account of his employer in any capacity other than that of a mere employee, is not bound to deliver it to him until demanded, and is not at liberty to send it...

An employee who has any business to transact on his own account, similar to that entrusted to him by his employer, must always give the latter the preference. ...

If an employee is entrusted with similar affairs by different employers, he must give them preference according to their relative urgency, or other things being equal, according to the order in...

An employee who is expressly authorized to employ a substitute is liable to his principal only for want of ordinary care in his selection. The substitute is directly responsible to the principal. ...

An employee who is guilty of willful and wanton misconduct is liable to his employer for the damage thereby caused to the latter; and the employer is liable to him if the service is not...

A day's labor for employees is to the extent as is usual in the business in which they serve not exceeding ten hours in the day unless the employer and employee expressly agree to the contrary. ...

An employee must deliver to his employer as soon as with reasonable diligence he can find him, everything that he receives for his account, without demand; but he is not bound, without orders from...

It is an unlawful employment practice for an employer to seek to obtain, to obtain, or to use genetic information, as defined in § 60-2-21, of an employee or a prospective employee to distinguish...

For the purposes of § 60-2-20, genetic information is information about genes, gene products, and inherited characteristics that may derive from the individual or a family member. This includes...

One who undertakes to do a service for another without consideration is not bound to perform the same unless it is entrusted to him at his own request in which case he must perform fully. If he...

A gratuitous employee who accepts a written power of attorney must act under it so long as it remains in force, or until he gives notice to his employer that he will no longer do so. ...

Every employment in which the power of the employee is not coupled with an interest in its subject is terminated by notice to him of: (1) Death of the employer; or (2) Legal incapacity of...

Every employment is terminated: (1) By expiration of its appointed term; (2) By extinction of its subject; (3) By death of the employee; or (4) By legal incapacity of the employee to...

An employee, unless the term of his service has expired, or unless he has a right to discontinue it at any time without notice, must continue his service after notice of the death or incapacity of...

An employment having no specified term may be terminated at the will of either party on notice to the other, unless otherwise provided by statute. ...

An employment even for a specified term may be terminated at any time by the employer for habitual neglect of duty or continued incapacity to perform or any willful breach of duty by the employee...

An employment even for a specified term may be terminated by the employee at any time for any willful or permanent breach of the obligations of the employer to the employee as such. ...

An employer may discharge any employee whether engaged for a fixed term or not if he is guilty of misconduct in the course of his service or of gross immorality, though unconnected with the same. ...

An employer may discharge any employee whether engaged for a fixed term or not if, being employed about the person of the employer or in a confidential position, the employer discovers that he has...

It is a discriminatory or unfair employment practice for an employer to terminate the employment of an employee due to that employee's engaging in any use of tobacco products off the premises of...

Any employer or agent of the employer, who in writing, discloses information about the job performance of an employee or former employee to a prospective employer of that person at the written...

Repealed by SL 1971, ch 275, § 11. NOTES APPLICABLE TO ENTIRE CHAPTER CROSS-REFERENCES. Conciliation of labor disputes, §§ 60-10-1 to 60-10-3. Enforcement of laws relating to employment of...

...

There is hereby created a department of state government which shall be known as the state department of labor and which shall exercise all powers and perform all functions, duties and services...

The department of labor and management relations is abolished and all its functions shall be administered by the department of labor as provided by § 1-37-5. ...

Repealed by SL 1976, ch 20, § 14. USER NOTE: For more generally applicable notes, see notes under the first section of this part, chapter or title. [Repealed] ...

...

The secretary of labor shall appoint such other employees, including attorneys as may be necessary for the administration of the functions, duties and responsibilities as hereinafter provided. ...

All duties heretofore assigned to or performed by the commissioner of labor are hereby transferred to the department of labor. The department shall be responsible for the enforcement of all labor...

All duties heretofore assigned to the industrial commissioner are hereby transferred to the department of labor. ...

...

The department of labor is hereby charged with the responsibility of administering and enforcing all the laws of this state pertaining to the employment of minors, and it may establish within the...

The department of labor shall cause to be investigated all violations or suspected violations of labor laws. The various state's attorneys of the several counties are hereby charged with the...

Repealed by SL 1993, ch 375, § 8. USER NOTE: For more generally applicable notes, see notes under the first section of this part, chapter or title. [Repealed] ...

...

The department may, by rules promulgated pursuant to chapter 1-26, establish and collect reasonable fees and charges, except fees prohibited by § 60-6-24, for the following: (1) Fees, not to...

The South Dakota state employment service is a division of the department of labor and the secretary, through such division shall establish and maintain free public employment offices in such...

The state employment service division of the state of South Dakota is continued under the direction and control of the secretary of the department of labor of South Dakota. ...

The South Dakota state employment service shall continue within the department of labor, and its functions shall be allocated between the service and the department as they were formerly allocated...

Wherever the term secretary is used in this chapter it shall mean the secretary of the department of labor and shall include the division and the director provided in this chapter for...

It shall be the duty of the secretary to co-operate with any official or agency of the United States having powers or duties under the provisions of the act of Congress referred to in § 60-6-1, as...

The secretary may co-operate with or enter into agreements with the railroad retirement board with respect to the establishment, maintenance, and use of free employment service facilities. ...

All moneys received by this state under the act of Congress referred to in § 60-6-1, as amended, shall be paid into the special employment service account in the employment security...

For the purpose of establishing and maintaining free public employment offices, the secretary is authorized to enter into agreements with the railroad retirement board, or any other agency of the...

The county commissioners of any county may appropriate money to aid in maintaining free employment agents in connection with the state employment service not to exceed the sum of five hundred...

The director shall also be the executive officer of the state employment service division and the management of such division shall be under his supervision. ...

The director in charge has power to enter into agreements with governing bodies of municipalities or counties which desire free employment service to use a portion of the fund provided by the...

The secretary is empowered to employ such clerical assistance as is necessary to carry out the provisions of this chapter, and to fix their compensation. ...

The director in his capacity of head of the state employment service division is empowered to secure and distribute the necessary books and forms for keeping a record of the movements of labor,...

The secretary shall have authority to appoint agents who shall be under the direction of the director as may be required in carrying out the provisions of this chapter. Such agents shall be...

The agents in charge of any of the employment offices established under the provisions of this chapter and under the direction of the director, shall receive applications from those seeking...

Each agent shall make to the director such periodic reports of applications for labor or employment and all other details of the office work of each office and the expense of maintaining the same...

For the purposes specified in this chapter every employment officer or agency established under this chapter shall keep a register of applicants for work and applicants for help in such form as...

The director shall render all aid and assistance necessary for the enforcement of any claim by an employee against his employer which the director finds reasonable and just, and for the protection...

Any statement filed pursuant to § 60-6-19 shall be posted in the employment office but not until it has been communicated to the employers affected if filed by employees, or to the employees...

If an employer affected by a statement filed pursuant to § 60-6-19 notifies the public employment office of a vacancy or vacancies, the officer in charge shall advise any applicant for such...

The director shall have power to solicit business for the public employment offices established under this chapter by advertising in newspapers and in any other way he may deem expedient and take...

The department shall publish a bulletin in which shall be made public all possible information with regard to the state of the labor market, including reports of the businesses of the various...

No fees direct or indirect shall in any case be charged or received from those seeking the benefits of this chapter. Whoever shall violate the provisions of this section commits a Class 2...

Terms used in this chapter, unless the context plainly otherwise requires, mean: (1) Grantee, a nonprofit agency or organization designated to administer a multi-purpose service center;...

The secretary of labor shall establish one pilot multi-purpose service center for displaced homemakers serving urban and rural areas. To the greatest extent possible, the secretary shall make the...

The secretary of labor shall: (1) Not later than August 1, 1979, begin a search for a grantee to carry out the programs described in this chapter; (2) Not later than November 1, 1979,...

The center shall develop job counseling and placement services by cooperating with federal, state and local governmental agencies and private employers in order to avoid unnecessary duplication of...

The services provided by the center shall include the following: (1) Counsel displaced homemakers with respect to job opportunities specifically designed for displaced homemakers; (2)...

To the extent possible, positions in the multi-purpose service programs within the center shall be filled by displaced homemakers. ...

The South Dakota state employment service shall specifically work with the center to secure employment for displaced homemakers. ...

The secretary of labor, with the advice of the staff at the center, shall adopt rules pursuant to chapter 1-26 concerning the eligibility of persons for job training and other programs of the...

The administrator of the center shall report to the secretary of labor as prescribed by rule. The administrator shall evaluate the effectiveness of the job training, placement and service to...

The Board of Vocational Rehabilitation is hereby designated as the Governor's Advisory Committee on Employment of People with Disabilities and shall perform the duties of the committee. ...

USER NOTE: For more generally applicable notes, see notes under the first section of this part, chapter or title. [Repealed] ...

The Governor's Advisory Committee on Employment of People with Disabilities shall promote and solicit employment opportunities for qualified individuals with disabilities and conduct a public...

Repealed by SL 1997, ch 297, § 3. USER NOTE: For more generally applicable notes, see notes under the first section of this part, chapter or title. [Repealed] ...

Repealed by SL 1997, ch 297, § 5. USER NOTE: For more generally applicable notes, see notes under the first section of this part, chapter or title. [Repealed] ...

Repealed by SL 1997, ch 297, § 6. USER NOTE: For more generally applicable notes, see notes under the first section of this part, chapter or title. [Repealed] ...

The committee is hereby authorized to accept any private contributions or public funds to assist in promoting the activities of this committee in carrying out its purpose. ...

Every person who by any use of force, threats, or intimidation, prevents or endeavors to prevent any hired foreman, journeyman, workman, laborer, servant, or other person employed by another from...

Every person who by any use of force, threats, or intimidation prevents or endeavors to prevent another from employing any person, or compels another to employ any person, or forces or induces...

Any agreement relating to employment, whether in writing or oral, which by its stated terms, or by implication, interpretation, or effect thereof, directly or indirectly denies, abridges,...

Any request, demand or threat made by any person to any employer or employee, to persuade or coerce such employer or employee to enter into an agreement violative of the provisions contained in §§...

Repealed by SL 1978, ch 359, § 3. [Repealed] ...

It shall be the duty of the state's attorney of every county to prosecute all persons violating any of the provisions of §§ 60-8-3 to 60-8-6, inclusive, in his county, and he shall be responsible...

Any labor union, organization or association, whether or not it be incorporated, may sue or be sued in its organization or association name, as an entity and in behalf of the employees whom it...

Any money judgment against a labor union, association or organization shall be enforced only against such union, association or organization as an entity, and against its assets, property and...

Nothing in § 60-9-1 or 60-9-2 shall be deemed to abrogate or restrict the right or liability of the individual members of a labor union, organization or association to sue or be sued jointly or...

Any collective bargaining agreement between an employer or employers and a labor union, association or organization, shall be enforceable at law or equity; and a breach of such collective...

In any action involving a labor dispute or involving a collective bargaining agreement between an employer and his employees and injunctive relief is sought, the only bond required shall be one...

Upon order of the department of labor any labor union operating or carrying on its activities in the state of South Dakota shall file with the secretary of state, within thirty days from receipt...

No officer, agent, or employee of any labor union shall enter, without the consent of the owner or operator, in or upon any ranch, farm, feed yard, shearing plant, or other agricultural premise,...

Repealed by SL 1978, ch 359, § 3. USER NOTE: For more generally applicable notes, see notes under the first section of this part, chapter or title. [Repealed] ...

Terms used in this chapter mean: (1) Collective bargaining unit, an organization selected by secret ballot by a majority vote of the employees of a unit appropriate for such purpose; (2)...

In accordance with this chapter, employees shall have the right of self-organization and the right to form, join or assist labor organizations, to bargain collectively through representatives of...

A collective bargaining unit chosen for the purpose of collective bargaining by a majority of the employees in the unit shall be the exclusive representative of all employees in such unit; and...

The department of labor shall administer and enforce the provisions of this chapter. ...

The department shall have jurisdiction over any labor dispute or grievance not subject to the provisions of the Federal Railway Labor Act, and over which the national labor relations board does...

Whenever a question concerning the composition of employees covered by a collective bargaining unit is raised by an employer or an employee, or the representative of either of them, the department...

When a question concerning the collective bargaining unit of employees is raised by an employer, or an employee or the representative of either of them, the department shall investigate such...

If a tentative settlement is reached between an employer and employee or the representative of either of them, such representatives shall recommend to the employer and employee collective...

In case of a labor dispute or grievance, including but not limited to an impasse or failure to reach an agreement in negotiations, either party may request the department to intervene under the...

Repealed by SL 1983, ch 22, § 5. USER NOTE: For more generally applicable notes, see notes under the first section of this part, chapter or title. [Repealed] ...

It is an unfair practice for a collective bargaining unit or its agents to: (1) Restrain or coerce an employee in the exercise of the rights guaranteed by this chapter. However, this...

Nothing in this chapter shall be construed as authorizing the execution or application of agreements requiring membership in a labor organization or requiring the payment of fees or contributions...

This chapter may be cited as the South Dakota Labor Relations Act. ...

In case of strikes, lockouts, or other labor disputes between employers and employees, the department of labor requested by either party, shall endeavor to conciliate the parties to the...

If its efforts as conciliator prove unsuccessful, the department of labor shall, if requested by either party, impartially investigate the matters in difference between the parties. The request to...

The secretary of labor shall have the right, if he so desires, or if requested by either party, to call in two capable citizens not directly connected with the dispute, one to be named by each...

No person may boycott, assist in boycotting, or order to be boycotted, or otherwise interfere with the movement to market, or the sale of any commodity or farm product because the product may have...