South Dakota — Hiring & Onboarding

What counts as the “date of hire”?

For South Dakota’s new hire reporting law, "date of hire" specifically means the first day the employee performs services for pay—not the date the job offer is accepted, nor the date other onboarding paperwork is completed. This aligns with both the Department of Labor and Regulation’s (DLR) frequently asked questions as well as their employer-facing instructional rack cards, even though SDCL § 25-7A-3.3 itself does not provide an express definition.

Why it matters: The 20-day reporting clock begins on that first day of paid work. Employers must report each newly hired or rehired employee to the State Directory of New Hires within 20 calendar days of when the employee first performs services for pay. This requirement applies regardless of full-time, part-time, seasonal, or temporary status.

Typical scenario breakdowns:

• If an employee accepts an offer on March 1, completes paperwork on March 6, but starts work on March 10, only March 10 is the “date of hire” for state reporting.
• If a returning worker is rehired after separation and begins paid work again, the new 20-day count begins when the person actually resumes paid duties.

Authority and guidance: SDCL § 25-7A-3.3 sets the requirement but is silent on the precise definition. The DLR FAQ and official guidance clarify that "date of hire" means date first performed services for pay.

Source: SDCL 25-7A-3.3, South Dakota DLR — New Hire Reporting FAQ

South Dakota employers must display both state and federal labor law posters at each worksite where employees can readily view them. The South Dakota Department of Labor and Regulation (DLR) consolidates posting requirements on its employment laws portal and provides guidance on which notices are mandatory versus informational.

Federal postings required for all employers

All South Dakota employers must display federally mandated posters, regardless of business size. These include the "Employee Rights Under the Fair Labor Standards Act" (FLSA minimum wage and overtime notice), the "Employee Rights Under the Family and Medical Leave Act" (if the employer has 50+ employees within 75 miles), the "Equal Employment Opportunity is the Law" poster (EEOC Title VII / ADA / ADEA / GINA notice, required for employers with 15+ employees for most provisions), the "Job Safety and Health: It's the Law" poster (OSHA notice for most private employers), and the "Employee Rights for Workers with Disabilities / Special Minimum Wage" poster if employing workers at subminimum wage under FLSA Section 14(c) certificates. Federal contractors have additional posting obligations under Executive Order 11246, the Service Contract Act, and other procurement-specific statutes.

South Dakota state postings

South Dakota requires significantly fewer state-specific posters than most jurisdictions. The DLR's official guidance as of June 2026 is clear: "There is no state statute requirement for the following state minimum wage posting; it is provided as a courtesy and for informational purposes only." Employers may post the DLR minimum wage poster if they wish, but state law does not require it and there is no penalty for failing to display it. This distinction is reflected in the DLR's public posting requirements page and statutory authorities. Required state postings (besides the federal notices) are limited to:

• Reemployment Assistance Employee Notification at the time of separation.
• Safety on the Job workers’ compensation notice (no specific format required).

No South Dakota statute, regulation, or administrative rule requires a minimum wage workplace posting. The DLR's published poster is for informational use only.

Workers' compensation, unemployment, and anti-discrimination: Posting requirements for workers' compensation and unemployment are as above. There is no state-mandated poster for anti-discrimination, as covered employers meet notice obligations through the federally required EEOC poster.

Right-to-work notice: Not required. South Dakota is a right-to-work state under SDCL 60-8-3 and Article VI, Section 2 of the South Dakota Constitution, but there is no posting requirement in the statute.

Accessibility and compliance

Employers must display all required (i.e., mandated by federal or state law) posters in conspicuous locations where employees report to work, such as break rooms, time-clock areas, or main entrances. For remote or multi-site employers, each physical location with South Dakota-based employees must have the required postings. Electronic posting does not satisfy the federal poster requirements unless the workforce is entirely remote and has no access to a physical worksite; in such cases, electronic versions must be readily accessible and employees must receive actual notice of their availability.

The DLR maintains a centralized posting requirements page listing both mandatory and informational posters, and provides free downloads of South Dakota-specific and federal materials. Employers should audit posting compliance at each location at least annually and whenever employment laws change.

Penalties for non-compliance

South Dakota does not specify stand-alone civil penalties for failing to post state notices (consistent with its minimal state-level posting regime), but failure to post federally required notices can result in fines from federal agencies. OSHA can assess penalties for missing safety postings, and the EEOC and DOL can cite employers during investigations. Employers may wish to document compliance through dated photos or checklists.

Multi-state employers should verify posting requirements in every state where they operate; South Dakota's sparse requirements are not representative.

Source: South Dakota Department of Labor and Regulation — Posting Requirements, South Dakota DLR — Minimum Wage page, SDCL 60-11-3

South Dakota law requires all employers to report each newly hired or rehired employee to the State Directory of New Hires, usually within 20 calendar days after the "date of hire." However, SDCL § 25-7A-3.3 permits an alternative schedule for employers who file these reports magnetically or electronically.

Alternative electronic/magnetic filing schedule:

• Employers who transmit new hire reports magnetically or electronically may instead submit their reports twice each month, with each transmission occurring:
• Not less than 12 days nor more than 16 days apart.
• This means an employer using electronic or magnetic reporting may batch new hire notifications and transmit them twice monthly, provided the transmissions meet these minimum and maximum spacing requirements.
• The law does not specify a set calendar schedule (such as “on the 1st and 15th”) but instead requires that the two monthly transmissions be at least 12 days apart and no more than 16 days apart.
• Employers opting for this alternative schedule must otherwise comply with all content requirements for new hire submissions (such as including employee name, address, Social Security number, employer name, and employer address), as detailed in the same statute.
• If an employer does not use electronic or magnetic reporting, the default 20-day-from-date-of-hire rule applies.

Compliance notes:

• Employers should keep documentation of their chosen transmission method and the dates of their reports.
• Timely electronic transmission is only compliant if both the batch frequency and the information included meet statutory requirements.

Source: SDCL 25-7A-3.3

Federal Form I-9 — Employer Requirements

Every employer in South Dakota must verify that each new hire is authorized to work in the United States by completing a federal Form I-9. This requirement flows from federal law, not state law—there is no additional South Dakota-specific I-9 mandate or E-Verify regime as of June 2026.

Form Edition Update Effective August 1, 2026:

• The U.S. Citizenship and Immigration Services (USCIS) is releasing a new Form I-9 with an edition date of 05/31/2027. Employers must begin using this new form starting August 1, 2026. Use of the prior edition (expiring July 31, 2026) will not be valid after that date. This does not change the substantive requirements for I-9 completion or retention, but practitioners should ensure they are using the current form version.

Completion deadlines:

• Section 1 (employee information/attestation) must be completed by the employee no later than the first day of paid work, but never before a job offer is accepted.
• Section 2 (employer review of original documentation) must be completed and signed by the employer within three business days of the employee’s first day of paid work (e.g., for a Monday start, by Thursday of the same week).

Acceptable documents:

• Employers must physically examine documents from "List A" (establishing both identity and work authorization) or one from "List B" (identity) plus one from "List C" (work authorization). The official I-9 form instructions enumerate and illustrate all accepted documents and allowable document receipts.
• Employers may not specify which documents an employee must present, as this is both a substantive and anti-discrimination rule.

Remote Verification:

• The Department of Homeland Security has piloted several remote verification options, but permanent remote inspection (without in-person or authorized agent review of documents) is only permitted if DHS or ICE explicitly authorizes it — employers should consult the current USCIS guidance for any remote process updates.

Retention:

• Completed I-9s (and any E-Verify case records if used) must be kept for either three years after the hire date, or one year after employment ends, whichever is later.

Penalties:

• Penalties for paperwork or substantive violations, and for knowingly hiring or continuing to employ unauthorized workers, are assessed under federal law. Penalties can be significant and are adjusted for inflation.

No additional South Dakota requirements:

• South Dakota does not impose state-specific Form I-9 or E-Verify mandates beyond the federal rule.

Source: USCIS Form I-9 Instructions, 8 C.F.R. § 274a.2, USCIS Forms Updates