Recordkeeping/Posters Law Summaries

Recordkeeping/Posters Law Summaries

South Dakota, Recordkeeping/Posters Law Summaries

WHAT THE EMPLOYER MUST DO

Employers in South Dakota have recordkeeping responsibilities under the state's wage payment law and child labor law, according to reported law summaries. See RECORDKEEPING below for specific requirements.

South Dakota employers are required to post an unemployment insurance notice and posters promoting safety in the workplace. See POSTING below for specific requirements.

RECORDKEEPING

Wage payment.- The Department of Labor and its authorized representatives may enter places of employment for the purpose of inspecting records (SD CodifiedLawsAnn, Sec. 60-11-17).

Child labor.- Every employer must keep a list of all persons employed under SD CodifiedLawsAnn, Sec. 60-12-5 (see ¶43-1500 ) (SD CodifiedLawsAnn, Sec. 60-12-6).

Employers must also keep the required certificates and permits filed in connection with employment under SD CodifiedLawsAnn, Sec. 60-12-5 (see ¶43-1500 ) open to inspection at all times by any person interested or any public official (SD CodifiedLawsAnn, Sec. 60-12-6).

Equal pay.- Every employer of more than 25 persons must make, keep and maintain the records of the wage and wage rates, job classifications, and other terms and conditions of employment of the persons it employs, and must preserve the records for a reasonable period of time (SD CodifiedLawsAnn, Sec. 60-12-17).

Emergency/disaster preparedness.- No later than July 1 of each year, each municipal governing body must provide to the Department of Military and Veterans Affairs, Division of Emergency Management, information that will enable emergency agencies to reach the members of the municipal governing board and the mayor at any time, day or night. The information necessary shall include home, business, and other personal telephone numbers including any facsimile transmission machines and cellular or mobile telephone numbers; home, business and other personal addresses; employer's name and telephone number; and home, business, and other personal e-mail or internet addresses (Sec. 1, S. 38, L. 2002).

In addition to the information required in Sec. 1, S. 38, L. 2002 (above), each municipal governing body must provide to the Department of Military and Veterans Affairs, Division of Emergency Management contact information for the municipal employees responsible for the following functions if the municipality employs a person in such a capacity (Sec. 2, S. 38, L. 2002):

1. city administrator or city manager;

2. building inspection;

3. engineering;

4. electrical;

5. fire;

6. police and law enforcement;

7. public works;

8. streets and highways;

9. sewer and waste water;

10. water;

11. telephone;

12. utilities;

13. emergency services or civil defense;

14. coroner; and

15. 911 coordinator.

The information provided as described just above must remain confidential and may only be used for emergency purposes (Sec. 6, S. 38, L. 2002).

Social security numbers.- No state agency or any of its political subdivisions or any official, agent, or employee of any state agency or political subdivision may (Sec. 1, S. 80, L. 2008):

1. Knowingly release or post any person's social security number on the internet; or

2. Require any person to transmit the person's social security number over the internet, unless the connection is secure or the social security number is encrypted; or

3. Require any person to use the person's social security number to access an internet website, unless a password or unique personal identification number or other authentication device is also required to access the internet website.

POSTING

Unemployment insurance.- Employers must post an Unemployment Insurance Notice to Employees which is mailed directly to covered employers by the Unemployment Insurance Division.

South Dakota Unemployment Insurance Notice
SD_UI.pdf

Fair employment practices.- As relief or penalty for a human rights violation, employers may be directed to post in a conspicuous place notices setting forth requirements for compliance with the Human Rights Law and other relevant information the South Dakota Commission on Human Rights determines necessary to explain the law (SD CodifiedLawsAnn, Sec. 20-13-42).

Smoking in the workplace.- No-smoking signs must be posted at building entrances and exits where smoking is prohibited.

Workers' compensation.- There is not a statute requiring the posting of a workers' compensation notice.

Job safety and health.- Posters promoting safety in the workplace are required. These may be created by the employer, obtained from workers' compensation carriers, or purchased from vendors.