Employee Handbook - South Dakota

EMPLOYEE HANDBOOK — SOUTH DAKOTA

TABLE OF CONTENTS

1. Purpose and Employment Framework
2. Equal Employment, Accommodation, and Reporting
3. Pay, Timekeeping, and Breaks
4. Leave and Protected Absences
5. Workplace Standards
6. Corrective Action and Separation
7. Administration and Acknowledgment

1. PURPOSE AND EMPLOYMENT FRAMEWORK

1.1 Company and Effective Date

This Handbook states the current workplace policies of [COMPANY LEGAL NAME] for employees working in South Dakota. It is effective [__/__/____] and prospectively replaces prior handbook versions.

1.2 At-Will Relationship and Handbook Status

Under SDCL § 60-4-4, employment with no specified term may be terminated at the will of either party on notice to the other unless a statute provides otherwise. Except where controlling law, a collective bargaining agreement, or a separate authorized writing provides otherwise, the Company intends employment to be at will.

This Handbook is a policy communication, not a contract for employment for a fixed term. It does not guarantee a disciplinary sequence, continued employment, a particular assignment, a fixed schedule, or a benefit not vested under a governing plan or agreement.

1.3 Policy Changes

The Company may revise policies prospectively in writing, subject to applicable law, earned wages, vested benefits, signed agreements, and collective bargaining agreements. Only [AUTHORIZED TITLE] may approve a Handbook revision.

1.4 Coverage Checklist

Complete before distribution:

• Total employees: [NUMBER]
• South Dakota employees: [NUMBER]
• Federal Title VII / ADA / PWFA coverage threshold met: ☐ Yes ☐ No
• Federal ADEA coverage threshold met: ☐ Yes ☐ No
• Federal FMLA-covered employer: ☐ Yes ☐ No
• Fewer than fifty employees for federal lactation undue-hardship review: ☐ Yes ☐ No
• Employs tipped employees: ☐ Yes ☐ No
• Employs minors: ☐ Yes ☐ No
• Collective bargaining, government-contractor, industry, tribal, or local rules: [DESCRIBE]

2. EQUAL EMPLOYMENT, ACCOMMODATION, AND REPORTING

2.1 Equal Employment Opportunity

The Company prohibits unlawful discrimination, harassment, and retaliation. South Dakota's Human Relations Act prohibits employment discrimination based on race, color, creed, religion, sex, ancestry, disability, or national origin; sex includes pregnancy. South Dakota's state act does not itself cover age discrimination, but federal and other controlling law may protect age, genetic information, sexual orientation, gender identity, military status, and additional categories.

Recruiting, hiring, compensation, scheduling, assignments, promotion, discipline, and separation decisions will follow applicable anti-discrimination requirements.

2.2 Disability, Religion, Pregnancy, and Childbirth

Applicants and employees may request accommodation from [HR / ACCOMMODATION CONTACT] for disability, religious observance or practice, pregnancy, childbirth, lactation, or a related medical condition. The Company will conduct an individualized review and provide accommodation where required by the controlling standard.

Under South Dakota guidance, pregnancy must be treated like another temporary disability. A pregnant employee may not be fired, refused employment, forced onto leave, or treated differently while able to perform the job, and accommodations provided to other temporarily disabled employees must be applied consistently. Federal law may require additional reasonable accommodations for known pregnancy-related limitations.

2.3 Lactation Breaks

For one year after a child's birth, covered employees will receive reasonable break time each time the employee needs to express breast milk and a place other than a bathroom that is shielded from view and free from intrusion. Break time is unpaid unless another rule requires pay, but it is compensable when the employee is not completely relieved from duty.

An employer with fewer than fifty employees may invoke the federal undue-hardship exception only when compliance would cause significant difficulty or expense under the statutory factors. Requests should be directed to [CONTACT].

2.4 Reporting and Non-Retaliation

Report discrimination, harassment, retaliation, wage concerns, accommodation or leave interference, safety issues, or other suspected violations to any of the following:

• [SUPERVISOR]
• [HR CONTACT]
• [ALTERNATE CONTACT OUTSIDE THE REPORTING CHAIN]

Reports may be oral or written. The Company will review reports promptly, preserve confidentiality to the extent practicable, prohibit retaliation, and take action based on the findings. South Dakota law prohibits retaliation because a person filed a Human Rights complaint, testified before the Division, or assisted the Division. Internal reporting does not require an employee to waive or delay an agency contact, charge, testimony, emergency request, or legal remedy.

3. PAY, TIMEKEEPING, AND BREAKS

3.1 Classification and Workweek

Employees are classified as [FULL-TIME / PART-TIME / TEMPORARY] and [EXEMPT / NONEXEMPT] under applicable law. The fixed workweek begins [DAY/TIME] and ends [DAY/TIME]. A title, salary, or commission arrangement alone does not determine exempt status.

3.2 Minimum Wage, Tips, and Overtime

Beginning January 1, 2026, South Dakota's minimum wage is $11.85 per hour for non-tipped employees. The permitted cash wage for a covered tipped employee is $5.925 per hour. Cash wages and tips must equal at least the full state minimum wage for each regular pay period, and the Company will make up any shortfall. Statutory exemptions and special rates require separate review.

South Dakota adjusts its minimum wage annually. Confirm the current rate before each January payroll cycle.

South Dakota has no separate state overtime law. Unless a federal exemption or special rule applies, covered nonexempt employees receive one and one-half times the regular rate for hours over forty in a workweek. Advance approval may be required, but all work the Company requires or permits must be recorded and paid.

3.3 Timekeeping and Off-the-Clock Work

Nonexempt employees must accurately record all work, including required preparation, closing, meetings, training, remote work, and work outside a scheduled shift. Off-the-clock work is prohibited. Employees must report a missed punch, unrecorded work, tip shortfall, or payroll error to [PAYROLL CONTACT] without fear of retaliation.

3.4 Paydays and Payment Method

The regular payday is [DAY / SCHEDULE]. South Dakota generally requires payment at least once each calendar month or on regular agreed paydays. Payment will be made by [METHOD] in compliance with SDCL § 60-11-9 and any applicable authorization requirements.

Bonuses, commissions, draws, chargebacks, paid leave, and other compensation must be defined in a separate written policy or agreement that states when compensation is earned, calculated, adjusted, and paid. Prospective changes do not alter compensation already earned under the governing terms.

3.5 Meal and Rest Breaks

South Dakota law does not require private employers to provide adult employees meal or rest periods. The Company's break schedule is [POLICY]. Compensable short breaks will be paid as required, and an unpaid meal period requires the employee to be completely relieved from duty.

4. LEAVE AND PROTECTED ABSENCES

4.1 Federal Family and Medical Leave

Eligible employees of a covered employer may take unpaid, job-protected federal FMLA leave for qualifying reasons. Private-sector coverage generally begins at fifty employees in twenty workweeks. Employee eligibility generally requires twelve months of employment, 1,250 hours of service in the preceding twelve months, and a worksite with fifty employees within seventy-five miles.

The FMLA generally provides up to twelve workweeks in a twelve-month period and up to twenty-six workweeks in a single twelve-month period for qualifying military-caregiver leave. Use the separate FMLA policy and required notices for eligibility, certification, benefits, intermittent leave, and restoration.

4.2 Voting Leave

An employee entitled to vote in an election held in South Dakota who does not have two consecutive hours while the polls are open outside required working time may be absent for up to two consecutive hours to vote. The Company may designate the voting-leave hours. No penalty or deduction from usual wages may be imposed for the statutory absence.

Employees should request voting leave from [CONTACT] as early as practicable and identify the work schedule and poll hours.

4.3 Jury Service

The Company will not discharge or suspend an employee for serving as a juror in a South Dakota court. An employee serving as a juror retains the same job status. Pay for jury-service time is [PAID / UNPAID / PTO OPTION] under Company policy because South Dakota leaves wage continuation to the employer's discretion.

Employees should notify [LEAVE CONTACT] promptly and provide the summons or other court documentation.

4.4 Workers' Compensation

Employees must provide written notice of a work injury to [SUPERVISOR / SAFETY CONTACT] no later than three business days after the occurrence, or as soon as practicable, and obtain emergency care when necessary. Delay can jeopardize benefits. After receiving notice or otherwise learning of the injury, the Company will submit its First Report of Injury to the carrier within seven days, excluding Sundays and legal holidays.

South Dakota workers' compensation coverage is broad but has limited statutory exceptions. The Company will confirm and maintain required coverage. It will not terminate an employee in retaliation for filing a lawful workers' compensation claim.

4.5 Company-Provided Leave

South Dakota does not generally require private employers to provide vacation, holiday pay, or paid sick leave. Complete these policies before use and coordinate them with protected leave and accommodation rules:

• Vacation/PTO: [ACCRUAL / USE / CARRYOVER / PAYOUT]
• Sick leave: [ACCRUAL / USE / CARRYOVER]
• Holidays: [POLICY]
• Bereavement: [POLICY]
• Personal leave: [POLICY]

Whether unused vacation is payable at separation depends on the governing agreement or Company policy. State the earning, forfeiture, and payout rules clearly and administer them consistently.

4.6 Other Protected Leave

The Company administers military service and reemployment, disability and pregnancy accommodation, lactation, voting, jury service, and other protected absences under applicable federal and state law. Do not add another statutory leave entitlement without confirming current controlling authority or defining it expressly as Company-provided leave.

5. WORKPLACE STANDARDS

5.1 Attendance, Safety, and Conduct

Employees must report as scheduled, follow lawful safety and work rules, accurately maintain records, protect Company and customer property, and avoid dishonesty, threats, violence, unlawful harassment, and material conflicts of interest. Call-in procedures are [METHOD / CONTACT / TIMING], subject to protected leave and accommodation rules.

5.2 Confidential Information and Protected Activity

Employees must protect trade secrets and legitimately confidential business information. This policy does not prohibit protected reports, agency contacts, testimony, wage complaints, workers' compensation claims, consultation with counsel, or other activity protected by controlling law.

5.3 Drug and Alcohol Policy

Employees may not work while impaired or possess, use, sell, or distribute unlawful substances at work. Any testing program must be set out in a separately reviewed written policy addressing coverage, notice, collection, confirmation, confidentiality, lawful medication, safety-sensitive work, and consequences.

5.4 Off-Duty Tobacco Use

Workplace smoking and tobacco use are governed by [WORKSITE POLICY / LOCAL LAW]. The Company will not take a personnel action because of lawful tobacco use off the Company's premises during nonworking hours unless a statutory exception applies. Section 60-4-11 permits limited restrictions tied to a bona fide occupational qualification or a conflict of interest with job responsibilities and separately addresses full-time firefighters.

5.5 Technology and Company Systems

Company systems are for authorized use under the separate [INFORMATION SECURITY / ACCEPTABLE USE] policy. Monitoring will be conducted only as permitted by applicable law and Company policy. Nothing in this section prohibits protected reporting, agency contact, or other legally protected activity.

5.6 Separate Agreements

Arbitration, restrictive covenants, invention assignment, confidentiality obligations intended to survive employment, and other binding terms must be placed in separately reviewed agreements. They are not created by this Handbook.

6. CORRECTIVE ACTION AND SEPARATION

6.1 Corrective Action

Depending on the circumstances, the Company may use coaching, verbal warning, written warning, final warning, suspension, reassignment, or discharge. It may select or skip steps. This discretionary framework is not a promise of progressive discipline and does not create a notice-and-cure right.

6.2 Final Pay and Company Property

After employer-initiated separation, unpaid wages and compensation are due no later than the next regular stated payday on which the hours normally would have been paid. If the employee retains Company property, SDCL § 60-11-10 permits payment as soon thereafter as the property is returned. SDCL § 60-11-11 applies the same timing and property-return condition after resignation by an employee without a written contract for a definite period.

The Company will identify outstanding property promptly and will not use the property-return rule to alter when wages were earned. Bonuses, commissions, paid leave, expenses, and other compensation are handled under the governing written policy, plan, agreement, and applicable law.

6.3 Return of Property

Employees must return Company property, records, credentials, and equipment by [METHOD / DEADLINE]. The Company will document receipt and separately address any disputed ownership or condition issue.

7. ADMINISTRATION AND ACKNOWLEDGMENT

7.1 Conflicts

If this Handbook conflicts with controlling law, a benefit plan, a signed agreement, or a collective bargaining agreement, the controlling authority governs. Contact [HR / LEGAL] before applying a policy to an unusual coverage, wage, accommodation, testing, leave, or worksite question.

7.2 Required Notices and Separate Policies

Confirm delivery and posting, as applicable:

☐ Current South Dakota minimum-wage rate notice or payroll communication

☐ Federal and state anti-discrimination notices

☐ Workers' compensation coverage and reporting information

☐ FMLA notices for covered employers

☐ Federal lactation-break process and location information

☐ Drug-testing policy notice, if testing is used

☐ Child-labor review before employing anyone under eighteen

7.3 No Risk-Shifting Terms

This Handbook does not impose employee indemnity, a damages cap, attorney-fee shifting, an exclusive forum, arbitration, a jury waiver, a restrictive covenant, a pre-claim notice-and-cure period, or force-majeure relief from wage, leave, safety, insurance, or accommodation obligations.

EMPLOYEE ACKNOWLEDGMENT

I acknowledge receipt of the [COMPANY LEGAL NAME] Employee Handbook effective [__/__/____]. I understand that:

1. I am responsible for reading the Handbook and asking [HR CONTACT] about unclear policies.
2. The Handbook is not a contract for employment for a fixed term.
3. The Company may prospectively revise policies in writing, subject to applicable law and binding agreements.
4. The corrective-action framework is discretionary unless controlling law or an authorized agreement requires otherwise.
5. Nothing in the Handbook requires me to waive or delay protected reports, agency contacts, testimony, or remedies.

Employee Name: [________________________________]

Employee Signature: [________________________________]

Date: [__/__/____]

Company Representative: [________________________________]

Date: [__/__/____]

OFFICIAL SOURCES AND IMPLEMENTATION REFERENCES

• South Dakota Legislature — Termination of Employment
• South Dakota Legislature — Human Relations Act
• South Dakota Legislature — Wages, Hours, and Conditions of Employment
• South Dakota Legislature — Voting Leave
• South Dakota Legislature — Jury Selection and Service
• South Dakota Legislature — Workers' Compensation Claims Procedure
• South Dakota DLR — 2026 Minimum Wage
• South Dakota DLR — Minimum Wage FAQs
• South Dakota DLR — Labor and Employment Laws Q&A, revised January 2026
• South Dakota DLR — Human Rights Laws and Rules
• South Dakota DLR — Pregnancy
• South Dakota DLR — Workers' Compensation Employee Responsibilities
• South Dakota DLR — Workers' Compensation Employer Responsibilities
• South Dakota DLR — Workers' Compensation Coverage
• U.S. Department of Labor — Fact Sheet #22: Hours Worked Under the FLSA
• U.S. Department of Labor — Family and Medical Leave Act FAQs