Employment Law in Sioux Falls, SD

If you have suffered treatment from an employer in Sioux Falls, South Dakota that violates employment laws, learning more about the law can help. Hiring an employment law attorney can best help you navigate the process, and increase the chances of winning your case.

What Is Employment Law?

Employment law covers the rights, responsibilities, and obligations within the employer-employee relationship. Employment lawyers serve both employees and employers, though they generally focus their practice on serving one or the other. Regardless of who their clients are, their goal is to present a solid case and defend them.

Understanding Employment Law Labor Rights in Sioux Falls, South Dakota

Employees have a wide range of rights that employers cannot violate. If employers violate these rights, workers can file a complaint against them. Each state has unique labor laws and some also make provisions for qualifying independent contractors. Below are the most common topics covered in employment law across the country.

Wage and Hour Laws

Wage and hour laws are in place to protect non-exempt employees from being forced to work excessive hours for low pay. These laws set the minimum wage an employee can earn and the maximum number of hours they can work before becoming eligible for overtime pay.

, like all states, has its own set of wage and hour laws, though federal laws provide a baseline for all states. For instance, the federal minimum wage is $7.25 per hour, though many states have laws that set the minimum wage higher.

Under the Fair Labor Standards Act, non-exempt employees are limited to working 40 hours per week at their regular rate of pay. If an employee works beyond that, their employer is required to pay them overtime at a rate of at least time and a half. Some states may have additional requirements, such as overtime pay for weekend work, holidays, or exceeding a certain number of hours in a single day.

Employees in Sioux Falls currently begin with a minimum wage of $9.30 per hour. Overtime pay in the state stands at 1.5 times the hourly rate, per federal mandate. In addition, the Employment Law Handbook states that there are no prevailing wage laws in South Dakota concerning service contracts. In these instances, federal laws would apply.

Workers’ Compensation

If you’ve been injured on the job in Sioux Falls, SD you might be entitled to workers’ compensation benefits. This includes payments for lost wages and past or future medical bills that resulted from your workplace injury.

To be eligible for workers’ compensation, you must meet these requirements:

• You must be an employee.
• You must have a work-related illness or injury.
• Your employer must carry workers’ comp insurance.
• You must meet the deadline for filing workers’ comp claims.

There are, however, exceptions to these requirements that may still make you eligible for workers’ compensation benefits. However, if your employer is denying you benefits, you should contact a qualified Sioux Falls attorney for assistance with your case.

Termination Rights under Sioux Falls, South Dakota Employment Law

If you live in an at-will state, or your employment is “at-will,” you can be terminated from your job without notice and cause. However, even at-will employees have rights when it comes to termination. A violation of those rights can be a wrongful termination.

Here are some reasons your termination might be wrongful even if you are an at-will employee:

• Written promises or contracts
• Implied promises
• Violations of public policy
• Breaches of good faith and fair dealing
• Workplace retaliation
• Discrimination
• Defamation
• Fraud
• Whistleblowing violations

The National Right to Work Legal Defense Fund states that South Dakota passed right-to-work legislation in 1946. No employee in Sioux Falls can be denied employment based on union membership, or the lack thereof.

If you believe your termination was wrongful due to the above circumstances, then contact an experienced Sioux Falls, SD employment law attorney right away. This is because there are time constraints on how long you can wait to file a claim.

Unemployment Benefits

If you’ve lost your job, you can file for unemployment benefits with the state unemployment agency. The agency will either approve or deny your claim. If it’s approved, you’ll receive monthly unemployment checks and benefits in the mail after filing weekly unemployment claims. Still, unemployment claims can be denied for several reasons, including:

• If you were fired for misconduct.
• You voluntarily quit your job.
• You do not have enough earnings during the work period.

If your claim is denied, you can appeal the decision if you think it’s the wrong choice. Work with a qualified Sioux Falls attorney during the appeal process to improve your chances of winning the case.

Paid and Unpaid Time Off

Some states require paid time off as well as medical and family leave for employees. Oftentimes, this is combined into one singular paid time off, (PTO), amount. Laws can vary from state to state, but typically PTO is accrued over time and you’ll get a set amount of PTO days per year.

Additionally, some states have laws that force the employer to pay for unused PTO. If you are not given proper PTO or your employer doesn’t follow your state’s medical or family leave laws, you can file a complaint.

According to the South Dakota Department of Labor and Regulation there is no law that requires an employer to provide paid sick leave for employees. Employers in Sioux Falls may provide sick leave as a benefit, but they are not required to do so.

Child Labor Laws

Child labor laws are a lot more strict than regular labor laws and require employers to be extra careful when scheduling minors. Each state has its child labor laws that outline the number of hours a minor can work per week. These include how often they should have breaks, how many days in a row they can work, and how late they can work each night.

No resident of Sioux Falls can work before the age of 14. However, whereas many states require the employee to provide the employer with age certification, this does not fall to the employee in South Dakota. It is the employer’s responsibility to identify minors working in their business. As well, they must train, pay, and treat them accordingly.

Sioux Falls, South Dakota Employment Anti Discrimination Laws

A collection of federal anti-discrimination laws protects workers from employment discrimination. Following are brief descriptions of some of these anti-discrimination acts:

• Title VII of the Civil Rights Act: Prohibits employers from selecting job applicants and employees based on race, religion, color, sex, and national origin.
• Age Discrimination Act: Prohibits discrimination based on age for employees over the age of 40 years old.
• Pregnancy Discrimination Act: Prohibits employers from discriminating based on pregnancy, childbirth, or a related condition.
• Americans with Disabilities Act: Prohibits employers from discriminating against people with disabilities at any time during the application or hiring process or once the person holds the job.
• Equal Pay Act: Requires employers to give men and women equal pay for equal work.

Sexual Harassment

If a coworker, employer, or client sexually harasses someone in the workplace; the employee has a set of rights to protect them from further harassment. Laws also offer protection from retaliation, such as getting fired for reporting a manager. If you or someone you know is being sexually harassed in the workplace, report it to your HR department.

The South Dakota Division of Human Rights affirms that both men and women can be victims of sexual harassment. There are 2 types of defined harassment in South Dakota. Quid Pro Quo harassment is based upon advancement or demotion in return for sexual favors. Hostile Environment harassment is when verbal or physical actions create a workspace that cannot be tolerated by the employees.

Work With an Experienced Employment Lawyer in Sioux Falls,  South Dakota

If you have employment law concerns, or you’re currently preparing for a case in Sioux Falls, SD then working with an experienced attorney can help. The hard part is finding the right one. We can even help you connect with an attorney across South Dakota state lines.

Submit a request online or call us today at (866) 345-6784 to speak with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.