South Dakota's Wage Payment Law is located in Title 60, Chapter 60-11 of the South Dakota Codified Laws.

• 60-11-2. Requiring employee to pay cost of medical examination.
• 60-11-7. Liability of employer for double damages for breach of obligation to pay wages.
• 60-11-8. Employers subject to wage payment requirements.
• 60-11-9. Monthly wage payments required -- Agreed pay day -- Form of payment.
• 60-11-10. Prompt payment of wages due on separation by employer -- Withholding for return of employer's property.
• 60-11-11. Payment on regular pay day after resignation by employee -- Withholding for return of employer's property.
• 60-11-12. Payment on regular pay day during labor dispute -- Return of deposit for faithful performance.
• 60-11-13. Payment of conceded wages when amount in dispute -- Acceptance not a release of balance.
• 60-11-15. Employer's intentional refusal to pay wages as misdemeanor.
• 60-11-16. Fraudulent claim by employee as misdemeanor.
• 60-11-17.1. Reprisals because of wage complaints or proceedings prohibited.
• 60-11-19. Assignment of employees' claims in trust to department -- Prosecution -- Settlement and adjustment.

60-11-2. Requiring employee to pay cost of medical examination.

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 condition of continued employment.

The term "employer" as used in this section shall mean and include an individual, a partnership, an association, a corporation, a legal representative, trustee, receiver, trustee in bankruptcy, and any common carrier by rail, motor, water, air or express company doing business in or operating within the state.

The term "employee" shall mean and include every person who may be permitted, required or directed by any employer, as defined herein in consideration of direct or indirect gain or profit, to engage in any employment.

60-11-7. Liability of employer for double damages for breach of obligation to pay wages.

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 damages is double the amount of wages for which the employer is liable.

60-11-8. Employers subject to wage payment requirements.

Whenever used in Sec. Sec. 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 the state, and any agent or officer of any kind of the above mentioned classes and subject to the provisions of the above sections, employing any person of this state

60-11-9. Monthly wage payments required -- Agreed pay day -- Form of payment.

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 lawful money of the United States. An employer may pay wages by check, cash, or direct deposit to the employee's bank account, unless an employer and employee agree to another form of payment.

60-11-10. Prompt payment of wages due on separation by employer -- Withholding for return of employer's property.

Whenever an employer separates an employee from the payroll, the unpaid wages or compensation of such employee are due and payable not later than the next regular stated pay day for which those hours would have normally been paid or as soon thereafter as the employee returns to the employer all property of the employer in the employee's possession.

60-11-11. Payment on regular pay day after resignation by employee -- Withholding for return of employer's property.

Whenever an employee not having a written contract for a definite period quits or resigns that employment, the wages or compensation earned are due and payable not later than the next regular stated pay day for which those hours would have normally been paid or as soon thereafter as the employee returns to the employer all property of the employer in the employee's possession.

60-11-12. Payment on regular pay day during labor dispute -- Return of deposit for faithful performance.

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 payable at the next regular pay day, as provided in Sec. 60-11-9, including, without abatement or reduction, all amounts due all persons whose work has been suspended as a result of such industrial dispute, together with any deposit or other guaranty held by the employer for the faithful performance of the duties of the employment.

60-11-13. Payment of conceded wages when amount in dispute -- Acceptance not a release of balance.

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 pay such amount without condition within the time set by Sec. Sec. 60-11-9 to 60-11-12, inclusive, provided that acceptance by the employee of any payment made hereunder shall not constitute a release as to the balance of the claim.

60-11-15. Employer's intentional refusal to pay wages as misdemeanor.

Any employer who shall intentionally refuse to pay the wages due and payable when demanded as in Sec. Sec. 60-11-9 to 60-11-13, inclusive, or who shall falsely deny the amount thereof, or that the same is due with the intent to secure for himself or any other person any discount upon such indebtedness, or with any intent to annoy, harass, or oppress, or hinder, or delay, or defraud the person to whom such indebtedness is due, commits a Class 2 misdemeanor.

60-11-16. Fraudulent claim by employee as misdemeanor.

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

22-6-2. Misdemeanor classes and penalties -- Restitution -- Unclassified misdemeanors -- Act prohibited without penalty.

Except as otherwise provided by law, misdemeanors are divided into two classes which are distinguished from each other by the following maximum penalties which are authorized upon conviction:

(1) Class 1 misdemeanor: one year imprisonment in a county jail or one thousand dollars fine, or both;

(2) Class 2 misdemeanor: thirty days imprisonment in a county jail or two hundred dollars fine, or both.

The court in imposing sentence on a defendant who has been found guilty of a misdemeanor shall order, in addition to the sentence that is imposed pursuant to the provisions of this section, that the defendant make restitution to any victim in accordance with the provisions of chapter 23A-28.

Except in cases where punishment is prescribed by law, every offense declared to be a misdemeanor and not otherwise classified, is a Class 2 misdemeanor.

Except in Titles 1 to 20, inclusive, 22, 25 to 28, inclusive, 32 to 36, inclusive, 40 to 42, inclusive, 47 to 54, inclusive, and 58 to 62, inclusive, if the performance of an act is prohibited by a statute, and no penalty for the violation of such statute is imposed by a statute, the doing of such act is a Class 2 misdemeanor.

60-11-17. Department to investigate and prosecute violations -- Hearings -- Access to employer's records.

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 Sec. Sec. 60-11-8 to 60-11-23, inclusive, and to institute or cause to be instituted actions for penalties and forfeitures provided thereunder. The department may hold hearings to satisfy itself as to the justice of any claim, and it shall cooperate with any employee in the enforcement of a claim against his employer in any case whenever, in its opinion, the claim is valid. The department and its authorized representatives shall have the right to enter places of employment for the purpose of inspecting records and seeing that all provisions of Sec. Sec. 60-11-8 to 60-11-23, inclusive, are complied with.

60-11-17.1. Reprisals because of wage complaints or proceedings prohibited.

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 employer, or to the director, that he has not been paid wages in accordance with this chapter or because such employee has made any complaint or is about to institute any proceedings, or because such employee has testified or is about to testify in any such proceedings.

60-11-18. Departmental power to take assignment of employees' claims -- Prosecution -- Joinder of actions.

The Department of Labor shall have power and authority to take assignments of wage claims, rights of action for penalties, provided by Sec. Sec. 60-11-8 to 60-11-23, inclusive, not to exceed five hundred dollars in any case of any one claim without being bound by any of the technical rules with reference to the validity of such assignments; and shall have the power and authority to prosecute actions for the collection of such claims of persons who, in the judgment of the department are entitled to the services of the department and who, in its judgment, have claims that are valid and enforceable in the courts. The department shall have the power to join various claimants in one preferred claim or lien, and in case of suit to join them in one cause of action.

60-11-19. Assignment of employees' claims in trust to department -- Prosecution -- Settlement and adjustment.

Whenever the Department of Labor determines that wages have not been paid, and that such unpaid wages constitute an enforceable claim, the department shall upon the request of the employee take an assignment in trust for such wages or any claim for liquidated damages, without being bound by any of the technical rules respecting the validity of any such assignments and may bring any legal action necessary to collect such claim. With the consent of the assigning employee at the time of the assignment the department shall have the power to settle and adjust any such claim to the same extent as might the assigning employee.