Obligations United States South Dakota
What a South Dakota business has to have in writing
South Dakota is one of the lightest written-policy states in the country. It has no comprehensive privacy law, no harassment-policy or training mandate, no state paid leave, no pay transparency rule and no OSHA state plan, and it was the last state in the nation to pass a breach notification law, in 2018.
What businesses do carry here is tax and licence paperwork - a sales tax licence, a separate contractor's excise tax licence, food service manager certification - plus two short workplace postings and a 60-day breach clock with an Attorney General report above 250 residents.
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Cover South Dakota the Modern WayEvery policy South Dakota makes you write, acknowledged by name
01
Approve it, lock the version
Non-author approval, obsolete copies blocked
02
Every employee in South Dakota on record
Who read which version, and when
03
Walk into any state inspection with the trail
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What applies
South Dakota rules for a 15–19 person general business
State law only. The federal layer every employer carries sits on the business-type pages below. Each row names what you must write, post, file or certify, who enforces it, and links to the state authority.
Breach Notification 1Who you must tell after a data breach, and how fast
LawProduceWhat it requiresTriggerEnforced by
Notice of breach of system securityAI-compiledSDCL §§ 22-40-19 to 22-40-26 (SB 62, 2018)Any information holder - a person or business that owns or licenses computerized personal or protected information about a South Dakota residentDistribute
Notice
Notify affected South Dakota residents no later than 60 days after discovering the breach, and notify the Attorney General when more than 250 residents are affected. Consumer reporting agencies get notice as well on larger breaches. Notice can be skipped only after investigating and telling the Attorney General that harm is not reasonably likely; law-enforcement delays restart a 30-day clock.
From the first employee
South Dakota Attorney General (deceptive act enforcement, civil penalties)
Required Postings 1The notices every workplace in the state must display
LawProduceWhat it requiresTriggerEnforced by
Required workplace postingsAI-compiledSDCL title 61 (reemployment assistance); SDCL title 62 (workers' compensation)Every South Dakota employerPost
Posting
Display the Department of Labor and Regulation reemployment assistance notice, and give it to each worker individually at separation, plus a workers' compensation safety notice encouraging safe work - the safety notice has no mandated format and DLR publishes an optional template. Federal notices (FLSA, FMLA, EEO, OSHA) are posted alongside them.
From the first employee
South Dakota Department of Labor and Regulation
Pay Transparency 1Salary ranges in job posts and pay disclosure on request
LawProduceWhat it requiresTriggerEnforced by
South Dakota Equal Pay for Equal WorkAI-compiledSDCL 60-12-15 to 60-12-22All employers for the equal pay rule; the recordkeeping duty attaches to employers of more than 25 peopleWrite
Written policy
Do not pay an employee of one sex less than an employee of the opposite sex for comparable work on jobs with comparable requirements of skill, effort and responsibility. Employers of more than 25 people must make, keep and maintain records of wages and wage rates, job classifications and the other terms and conditions of employment of every person employed, and preserve those records for a reasonable period. Do not threaten or fire an employee for bringing or testifying in a wage discrimination action. South Dakota sets no salary-range disclosure duty.
From the first employee
Private civil action for unpaid wages, attorney fees and costs; South Dakota Division of Human Rights under the Human Relations Act (SDCL ch. 20-13)
Licensing and Certifications 5Registrations, licences and certifications a business or its staff must hold
LawProduceWhat it requiresTriggerEnforced by
Business registration (Secretary of State Business Services)AI-compiledSDCL title 47 (corporations, LLCs, partnerships and nonprofits); SDCL chapter 37-11 (fictitious business names)Corporations, LLCs, limited partnerships, nonprofits and out-of-state entities transacting business in South DakotaFile
Filing / record
File articles or a foreign registration with the Secretary of State, name a registered agent with a South Dakota address, register any fictitious business name, and file the annual report by the entity's anniversary month to stay in good standing.
From the first employee
South Dakota Secretary of State, Business Services Division
Sales and use tax licenceAI-compiledSDCL chapter 10-45Any business selling taxable products or services in South Dakota, including remote sellers over the economic nexus thresholdsFile
Filing / record
Apply for a sales tax licence through the Department of Revenue before making taxable sales, display it at the place of business, collect the state and municipal rates, and file returns on the assigned schedule. South Dakota has no general statewide business licence, so this registration is the practical equivalent.
From the first employee
South Dakota Department of Revenue
Contractor's excise tax licenceAI-compiledSDCL chapters 10-46A and 10-46BContractors and subcontractors performing realty improvement work in South Dakota, including on qualified utility projectsFile
Filing / record
Hold a contractor's excise tax licence from the Department of Revenue, collect and remit the excise tax on gross receipts from construction services, and give or obtain the prime contractor's exemption certificate on subcontracted work. South Dakota does not issue a general contractor trade licence at state level; only specific trades are licensed.
From the first employee
South Dakota Department of Revenue
Electrical and plumbing contractor licensingAI-compiledSDCL chapter 36-16 (electricians); SDCL chapter 36-25 (plumbers)Businesses and individuals performing electrical or plumbing work in South DakotaCertify
Certification
Hold the contractor licence the State Electrical Commission or the Plumbing Commission issues, employ licensed journeymen and registered apprentices as the rules require, pull permits and pass inspections, and renew the licence on the commission's cycle with any continuing education it sets.
From the first employee
South Dakota Department of Labor and Regulation - State Electrical Commission; State Plumbing Commission
Food service establishment licence and certified food service managerAI-compiledSDCL chapter 34-18; ARSD 44:02:07Restaurants, mobile units, caterers and other food service establishments licensed by the Department of HealthCertify
Certification
Get the food service establishment licence before opening and renew it annually, and have at least one person on staff who has completed an approved food service manager course of at least eight hours and passed the certification exam. A person in charge must be present on every shift while the establishment is open.
From the first employee
South Dakota Department of Health, Office of Food, Lodging and Safety
Other Written Policies 3Any other document the state makes an employer write or hand out
LawProduceWhat it requiresTriggerEnforced by
Reemployment assistance employer registration and separation noticeAI-compiledSDCL title 61Employers with covered employment in South DakotaFile
Filing / record
Register with the Department of Labor and Regulation Reemployment Assistance Division, file quarterly wage reports and pay contributions, respond to claim notices within the deadline, and hand each separating worker the reemployment assistance notice.
From the first employee
South Dakota Department of Labor and Regulation, Reemployment Assistance Division
Child labor restrictionsAI-compiledSDCL chapter 60-12Any employer that hires a worker under 16 in South Dakota (federal rules cover 16 and 17 year olds in hazardous work)File
Filing / record
Keep the hours worked by under-16 staff within the daily, nightly and school-week limits the statute sets, keep records showing those hours and the minor's age, and follow the stricter of the state or federal rule where both apply.
From the first employee
South Dakota Department of Labor and Regulation, Division of Labor and Management
Limits on employee noncompete agreementsAI-compiledSDCL § 53-9-11Employers using noncompetition agreements with South Dakota employeesWrite
Written policy
Keep any post-employment noncompete to no more than two years after the employment ends and to the specified county, city or other area where the employer actually does business. Broader restraints on trade are void under the general rule in the same chapter.
From the first employee
South Dakota courts
From the publisher
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Add the federal layer
Your business type, with South Dakota on top
Small businessFederal + industry, with South Dakota on topConstruction contractorsFederal + industry, with South Dakota on topHealthcare practicesFederal + industry, with South Dakota on topFood and beverage businessesFederal + industry, with South Dakota on topTax and accounting firmsFederal + industry, with South Dakota on topRegistered investment advisersFederal + industry, with South Dakota on topInsurance agenciesFederal + industry, with South Dakota on topRetail and e-commerceFederal + industry, with South Dakota on topTrucking and logistics carriersFederal + industry, with South Dakota on topNonprofitsFederal + industry, with South Dakota on topFederal contractorsFederal + industry, with South Dakota on top
Other states
The same index for another state
Alabama12Alaska12Arizona11Arkansas14California20Colorado18Connecticut17Delaware17District of Columbia12Florida15Georgia13Hawaii16Idaho13Illinois19Indiana16Iowa13Kansas11Kentucky14Louisiana13Maine14Maryland19Massachusetts16Michigan15Minnesota19Mississippi11Missouri12Montana15Nebraska13Nevada18New Hampshire13New Jersey19New Mexico13New York17North Carolina12North Dakota13Ohio13Oklahoma11Oregon19Pennsylvania12Rhode Island13South Carolina12Tennessee14Texas15Utah13Vermont17Virginia17Washington21West Virginia14Wisconsin15Wyoming13
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Sources
South Dakota Legislature - Codified Law chapter 22-40South Dakota Legislature - SDCL 22-40-20South Dakota Attorney General - Consumer ProtectionSouth Dakota DLR - Posting Requirements for EmployersSouth Dakota DLR - Publications and PostersSouth Dakota Secretary of State - Business ServicesSouth Dakota Department of Revenue - Business taxesSouth Dakota Department of Revenue - Sales and Use TaxSouth Dakota Department of Revenue - Contractors Excise TaxSouth Dakota DLR - State Electrical CommissionSouth Dakota DLR - Plumbing CommissionSouth Dakota DLR - Licensing and RegulationSouth Dakota Department of Health - Food Service Licensure and CodesSouth Dakota Department of Health - Food Service Manager TrainingSouth Dakota DLR - Reemployment Assistance for EmployersSouth Dakota DLR - Child LaborSouth Dakota Legislature - Codified Law chapter 60-12South Dakota Legislature - SDCL 53-9-11South Dakota Legislature - SDCL 60-12-15, equal pay for equal workSouth Dakota Legislature - SDCL 60-12-17, employers required to maintain recordsSouth Dakota Department of Labor and Regulation - Division of Human Rights