[COMPANY NAME]
Employee Handbook
(Comprehensive, South Dakota–Compliant Edition)
[// GUIDANCE: This template is drafted for private-sector employers operating principally within the State of South Dakota (“SD”). Customize all bracketed items, verify statutory references before adoption, and review for alignment with any applicable collective-bargaining agreements, individual employment contracts, or industry-specific regulations.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions (Core Policies)
- Representations & Warranties of Employer
- Covenants & Restrictions Applicable to Employees
- Default, Corrective Action & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Acknowledgment & Execution Block
1. DOCUMENT HEADER
1.1 Title. This Employee Handbook (the “Handbook”) sets forth the employment policies, practices, and procedures of [Company Name], a [State of Formation] [entity type, e.g., corporation/LLC] (“Company”).
1.2 Effective Date. This Handbook is effective as of [MM/DD/YYYY] (the “Effective Date”) and supersedes all prior handbooks, manuals, and written or oral policies addressing the same subject matter.
1.3 Jurisdiction & Governing Law. Unless otherwise expressly stated, the rights and obligations herein are governed by and construed in accordance with the employment laws of the State of South Dakota (“SD Employment Law”).
1.4 Recitals.
(a) The Company desires to establish clear expectations, promote legal compliance, and foster a productive workplace; and
(b) Employees desire to understand the terms and conditions governing employment with the Company.
2. DEFINITIONS
Unless the context otherwise requires, capitalized terms have the meanings set forth below. Undefined terms carry their ordinary meaning under SD Employment Law.
“Arbitration Addendum” – The optional written agreement, if executed by both Company and Employee, requiring certain Covered Claims to be resolved by binding arbitration pursuant to Section 8.5.
“At-Will Employment” – Employment that may be terminated by either party at any time, with or without cause or notice, except as otherwise prohibited by law.
“Covered Claims” – Disputes arising out of or relating to employment, excluding claims for workers’ compensation, unemployment benefits, or injunctive relief expressly carved-out in Section 8.4.
“Employee” – Any individual employed by the Company, whether full-time, part-time, temporary, or seasonal, unless such individual is properly classified as an independent contractor under applicable law.
“Protected Class” – Any class of individuals protected from discrimination under federal or SD Employment Law, including but not limited to race, color, creed, religion, sex (including pregnancy, sexual orientation, and gender identity or expression), national origin, age, genetic information, disability, veteran status, or any other status protected by applicable law.
“Working Time” – All hours during which an Employee is suffered or permitted to work for the benefit of the Company, as interpreted under SD wage-hour regulations.
[// GUIDANCE: Add or delete definitions to match Company-specific terminology.]
3. OPERATIVE PROVISIONS (CORE POLICIES)
3.1 At-Will Employment; Handbook Disclaimer.
(a) Employment with the Company is At-Will. Nothing in this Handbook constitutes or is intended to create an express or implied contract of employment or guarantee of continued employment.
(b) The Company reserves the right to interpret, modify, suspend, or terminate any policy in this Handbook at its sole discretion, consistent with applicable law. Material changes will be communicated in writing.
3.2 Equal Employment Opportunity & Anti-Discrimination.
(a) Policy Statement. The Company provides equal employment opportunities to all Employees and applicants without unlawful discrimination. Employment decisions are based on legitimate, non-discriminatory criteria such as qualifications, merit, and business needs.
(b) Anti-Harassment. Harassment, including sexual harassment, by any Employee, supervisor, vendor, or customer is strictly prohibited.
(c) Complaint Procedure. Employees must promptly report suspected discrimination, harassment, or retaliation to [Title or Department] or via [Hotline/Email]. Complaints will be investigated promptly, thoroughly, and confidentially to the extent possible.
3.3 Wage & Hour Compliance.
(a) Classification. Employees will be classified as “Exempt” or “Non-Exempt” under the federal Fair Labor Standards Act (“FLSA”) and SD wage-hour laws.
(b) Work Schedules & Overtime. Standard workweek is [XX] hours, [Days/Times]. Non-Exempt Employees must receive pre-approval for overtime and will be compensated in accordance with applicable overtime rules.
(c) Pay Periods & Paydays. Wages are paid [weekly/bi-weekly/semi-monthly], no later than [Day] following the close of the pay period, consistent with SD wage payment timing requirements.
(d) Timekeeping. Accurate reporting of Working Time is mandatory. Altering another Employee’s time record or falsifying one’s own may result in discipline, up to and including termination.
(e) Meal & Rest Breaks. The Company provides breaks in accordance with SD law. Non-Exempt Employees must clock out for unpaid meal breaks exceeding [XX] minutes.
3.4 Leave Policies.
(a) Paid Time Off (“PTO”). Employees accrue PTO at a rate of [X] hours per [month/pay period] up to [Y] hours annually.
(b) Family and Medical Leave. Eligible Employees may take leave consistent with the federal Family and Medical Leave Act (“FMLA”) and any applicable SD leave provisions.
(c) Jury Duty & Witness Leave. Employees summoned for jury duty or subpoenaed as witnesses will receive unpaid leave; accrued PTO may be applied at the Employee’s election.
(d) Military Leave. The Company grants leave and reinstatement rights in compliance with USERRA and SD law.
(e) Election Day Leave. Employees lacking sufficient time outside Working Time to vote in state or federal elections may request up to two (2) consecutive hours of paid leave.
(f) Domestic Violence Leave. The Company will accommodate reasonable leave for victims of domestic violence, sexual assault, or stalking, consistent with SD law.
[// GUIDANCE: Insert Company-specific accrual schedules, caps, and procedural requirements. South Dakota does not mandate statewide paid sick leave; consider local ordinances if operating in multiple jurisdictions.]
3.5 Standards of Conduct.
Employees must:
1. Perform duties diligently, skillfully, and in accordance with Company policies;
2. Comply with all safety rules and immediately report unsafe conditions;
3. Refrain from conduct detrimental to Company property, reputation, or business;
4. Protect confidential and proprietary information as detailed in Section 5.3;
5. Avoid conflicts of interest, including but not limited to outside employment without prior written approval.
3.6 Workplace Safety & Accident Reporting.
The Company maintains a safety program compliant with the Occupational Safety and Health Act (“OSHA”) and SD safety regulations. Injuries, accidents, or near-misses must be reported to [Safety Officer] within [XX] hours.
3.7 Drug-Free & Alcohol-Free Workplace.
Possession, use, sale, or being under the influence of controlled substances or alcohol during Working Time or on Company premises is prohibited except lawful, incidental alcohol consumption at Company-approved events. The Company may conduct drug or alcohol testing consistent with SD law.
3.8 Electronic Communications & Acceptable Use.
All Company electronic resources are Company property. Limited personal use is permissible if it does not interfere with business operations or violate policy. Employees have no reasonable expectation of privacy in Company systems except as otherwise provided by law.
3.9 Personnel Records & Privacy.
Employees may review their personnel file upon written request in accordance with SD law. Medical and other sensitive data are maintained separately and disclosed only on a need-to-know basis or as required by law.
4. REPRESENTATIONS & WARRANTIES OF EMPLOYER
4.1 Legal Compliance. The Company represents that it will make good-faith efforts to comply with all applicable federal, state, and local employment laws.
4.2 Accurate Wage Payment. The Company warrants that Employees will receive at least the minimum wage and overtime compensation mandated by law.
4.3 Benefits. To the extent benefits are described herein, the Company warrants that such benefits will be provided in accordance with the controlling plan documents, which supersede any inconsistent summary in this Handbook.
4.4 Survival. The representations and warranties in this Section 4 survive any amendment or termination of this Handbook with respect to periods during which the Handbook was in effect.
5. COVENANTS & RESTRICTIONS APPLICABLE TO EMPLOYEES
5.1 Confidentiality. Employees shall not, during or after employment, use or disclose Confidential Information except as authorized, and shall exercise reasonable care to protect such information.
5.2 Work Product & Intellectual Property. All inventions, works of authorship, or other intellectual property created within the scope of employment or using Company resources are “works made for hire” and the exclusive property of the Company.
5.3 Return of Property. Upon separation, Employees must return all Company property, including keys, documents, and electronic devices, in their possession or control.
5.4 Non-Solicitation. For a period of [XX] months post-employment, Employees may not solicit Company clients or Employees for competing business or employment, except to the extent such restriction violates SD public policy or statutory limitations.
[// GUIDANCE: South Dakota restricts the scope and duration of certain post-employment restraints. Consult counsel before implementing.]
6. DEFAULT, CORRECTIVE ACTION & REMEDIES
6.1 Progressive Discipline. The Company may, but is not obligated to, apply progressive discipline (verbal warning, written warning, suspension, termination) based on the severity and frequency of violations.
6.2 Immediate Discharge. Conduct warranting immediate termination includes but is not limited to: violence or threats, gross misconduct, theft, falsification of Company records, or serious safety violations.
6.3 Notice & Opportunity to Cure. Where practicable, Employees will receive written notice of a violation and a reasonable opportunity to cure prior to termination. This Section 6.3 does not limit the Company’s right to effect immediate discharge under Section 6.2.
6.4 Remedies. The Company may pursue legal or equitable relief, including limited injunctive relief under Section 8.4, to protect its interests. Employees may be held financially responsible for loss or damage resulting from willful or grossly negligent misconduct, subject to SD wage-deduction laws.
7. RISK ALLOCATION
7.1 Indemnification for Employee Conduct. To the fullest extent permitted by law, Employees agree to indemnify and hold harmless the Company and its affiliates from losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) directly arising out of the Employee’s willful misconduct or gross negligence. This indemnification shall not exceed any statutory limits on employee liability under SD law.
7.2 Limitation of Liability. The Company’s liability to any Employee for claims arising out of employment shall be limited to the extent, and only to the extent, permitted by applicable workers’ compensation, wage-hour, and other employment statutes. Nothing herein shall waive non-waivable statutory rights.
7.3 Insurance. The Company maintains workers’ compensation and unemployment insurance as required by law, and may maintain additional insurance (e.g., EPLI) at its discretion.
7.4 Force Majeure. The Company is excused from performance under this Handbook to the extent performance is delayed or prevented by events beyond its reasonable control, including natural disasters, governmental orders, epidemics, or other force-majeure events.
8. DISPUTE RESOLUTION
8.1 Open-Door Policy. Employees should first attempt to resolve workplace concerns informally with their immediate supervisor or [HR Representative].
8.2 Governing Law & Forum Selection. All disputes that cannot be resolved internally and are not subject to binding arbitration under Section 8.5 shall be brought exclusively in a court of competent jurisdiction located in the State of South Dakota.
8.3 Jury Trial Waiver. By acknowledging this Handbook, Employees knowingly and voluntarily waive any right to a jury trial for Covered Claims, to the maximum extent enforceable under the U.S. Constitution and SD law.
8.4 Limited Injunctive Relief. Either party may seek provisional or injunctive relief in state court to protect trade secrets, confidential information, or other proprietary rights, notwithstanding any agreement to arbitrate.
8.5 Optional Arbitration.
(a) Execution of Arbitration Addendum. If the Employee executes the Arbitration Addendum, Covered Claims shall be submitted to binding arbitration administered by [AAA/JAMS] under its Employment Arbitration Rules, as modified herein.
(b) Arbitrator’s Authority. The arbitrator may award all remedies available in court under applicable law, subject to the liability caps in Section 7.2.
(c) Costs. The Company will bear any arbitration filing or administrative fees exceeding the court filing fee that would otherwise apply.
(d) Severability. If any portion of this Section 8.5 is deemed unenforceable, that portion shall be severed, and the remainder enforced to the fullest extent permitted by law.
9. GENERAL PROVISIONS
9.1 Amendments & Waivers. Only written revisions issued by the Company’s [Chief Executive Officer/Human Resources Director] and acknowledged by the Employee amend this Handbook. No oral statements shall modify its terms.
9.2 Assignment & Delegation. Employees may not assign any rights or delegate obligations under this Handbook. The Company may assign its rights and obligations to a successor in interest by merger, reorganization, or asset transfer.
9.3 Severability. If any provision of this Handbook is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to render it enforceable.
9.4 Integration. This Handbook, together with any executed Arbitration Addendum, confidentiality agreements, or benefit plan documents, constitutes the entire understanding between the Company and Employee regarding the topics addressed, superseding all prior policies or understandings, except as otherwise required by law.
9.5 Electronic Signatures. Electronic signatures and acknowledgments have the same force and effect as original signatures to the fullest extent permitted by the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and SD law.
9.6 Counterparts. This Handbook may be executed in any number of counterparts, each of which is deemed an original and all of which constitute one instrument.
10. ACKNOWLEDGMENT & EXECUTION BLOCK
I acknowledge that I have received, read, and understand the [Company Name] Employee Handbook effective [Effective Date]. I agree to comply with the policies and procedures contained herein and understand that my employment remains At-Will.
| Employee Name (Print) | Signature | Date |
|---|---|---|
[Optional Arbitration Addendum follows, if elected.]
OPTIONAL ARBITRATION ADDENDUM
(Execute ONLY if Company and Employee mutually agree.)
- In consideration of mutual promises, the Company and Employee agree to resolve Covered Claims exclusively through binding arbitration as outlined in Section 8.5 of the Handbook.
- This Addendum is governed by the Federal Arbitration Act and SD Employment Law, and survives termination of employment.
| Company Representative | Signature | Date |
|---|---|---|
| Employee Name | Signature | Date |
|---|---|---|
[// GUIDANCE:
1. Provide employees with at least two business days to review the Arbitration Addendum.
2. Consider attaching separate confidentiality or intellectual-property assignment agreements if the Company handles proprietary technology.
3. Periodically audit wage-hour and leave policies to align with any updates to SD Codified Laws or municipal ordinances.]