A South Dakota employment contract sets out the terms and conditions of employment. It explains the expectations for both parties in terms of payment, the employee’s responsibilities, and employment termination.
In South Dakota, a contract must have sufficient cause or consideration, a lawful object, two parties capable of contracting, and both parties’ consent [1] .
- Laws: Title 60
- Definition of Employee: According to SD Codified Law 60-1-1, an employee is an individual who is employed to render personal service to an employer otherwise than in the pursuit of an independent calling and who, in such service, remains entirely under the employer’s control and direction.
By Type (4)
Independent Contractor Agreement
Explains the terms of a project that an independent contractor will complete for a client.
Subcontractor Agreement
Clarifies the roles of a subcontractor and a contractor.
Non-Compete Agreement
Helps employers restrict the information that employees can share with competitors.
Non-Disclosure Agreement
Safeguards sensitive details shared between parties during employment relationships.
Hiring in South Dakota
When hiring workers in South Dakota, you need to know the state employment laws and requirements, such as the minimum wage and payday requirements.
At-Will Employment
South Dakota is an at-will employment state. There are also exceptions to the at-will employment rules.
Exceptions
- Public Policy: Yes
- Implied Contract: Yes
- Good-Faith Exception: No
Minimum Wage ($/hr)
The minimum wage in South Dakota is $10.80/hour for traditional employees and $5.40/hour for tipped employees. The state adjusts the minimum wage annually using the Consumer Price Index as a reference, and it doesn’t decrease [2] .
Child Labor
Neither employment certifications nor age certifications are required in South Dakota. Employers are still required to ensure they comply with South Dakota’s child labor regulations.
All minor workers under the age of 16 can’t work more than 4 hours per day or 20 hours per school week. They also can’t work more than eight hours per non-school day or 40 hours per non-school week [3] . Children younger than 14 can’t work during school hours or later than 7 p.m. [4] .
Payday
Employers in South Dakota are required to pay employees on at least a monthly basis [5] .
Meal and Rest Breaks
South Dakota does not require minimum paid breaks or meal periods.
Recordkeeping Requirements
South Dakota employers must maintain copies of employee work records for at least four years [6] .
Sample
Below, download a South Dakota employment contract template in PDF or Word format:
