New hire reporting requirement — 20-day deadline
South Dakota employers must report all newly hired and rehired employees to the New Hire Reporting Center within 20 days of the employee's first day of work for wages. The requirement applies to all employees—full-time, part-time, temporary, seasonal, family members, and day laborers—with no exceptions. Rehired employees must be reported if they return after a separation of 30 days or more (including those on medical leave, lay-off, or termination), even if a new W-4 is not completed. Reports must include the employee's Social Security number, name, address, and date of hire, plus the employer's FEIN, name, and address. Intentional failure to comply is a petty offense carrying a $25 penalty per violation, increasing to $500 per employee if conspiracy between employer and employee is found.
Source: S.D. Codified Laws § 25-7A-3.3 and South Dakota DLR New Hire Reporting FAQ
Mandatory workplace postings — state and federal requirements
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, reflecting the state's alignment with federal standards for many employment topics.
The South Dakota minimum wage poster is not legally required. The DLR explicitly states on its minimum wage page: "There is no state statute requirement for the following state minimum wage posting; it is provided as a courtesy and for informational purposes only." The department publishes an annual poster showing the current minimum wage ($11.85 per hour effective January 1, 2026, under SDCL 60-11-3 and 60-11-3.2), but employers are not subject to penalty for failing to display it. Nevertheless, many employers choose to post it to communicate wage rates clearly and to demonstrate compliance with the indexed minimum wage, which adjusts each January 1 based on the Consumer Price Index for the Midwest Region as calculated by the U.S. Bureau of Labor Statistics.
Workers' compensation notice posting requirements depend on the employer's coverage. South Dakota law presumes that all employers and employees accept the provisions of the state workers' compensation system unless the employer formally opts out or qualifies for self-insurance. Employers should verify current posting obligations with their workers' compensation carrier or the DLR Division of Workers' Compensation, as posting a notice of coverage or claim-filing instructions is standard practice even when not codified as a standalone poster mandate.
Unemployment insurance / reemployment assistance information is available on the DLR website, but South Dakota does not mandate a separate state unemployment poster. Employers must register with the Reemployment Assistance program and report new hires (covered in the guide's new hire reporting section), but the posting of claim-filing instructions is voluntary.
Human rights and discrimination notices are not separately mandated by South Dakota statute beyond the federal EEOC poster. The South Dakota Division of Human Rights enforces the South Dakota Human Rights Act (SDCL Title 20, Chapter 13), which prohibits employment discrimination based on race, color, creed, religion, sex, ancestry, disability, and national origin. The division does not require a standalone state anti-discrimination poster, but the federal "EEO is the Law" poster satisfies notice obligations for covered employers.
Right-to-work notice is not a posting requirement. South Dakota is a right-to-work state under SDCL 60-8-3 and Article VI, Section 2 of the South Dakota Constitution, meaning that no employee may be required to join or financially support a labor union as a condition of employment. The statute does not impose a posting obligation; the right is self-executing.
Accessibility and compliance
Employers must display all required 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, employers should ensure that electronic versions are readily accessible and that employees 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 materials. Federal posters are available from the respective agencies (DOL Wage and Hour Division, EEOC, OSHA, DHS for immigration-related notices if applicable). Employers should audit posting compliance at each location at least annually and whenever employment laws change.
Penalties for non-compliance
While South Dakota statutes do not specify stand-alone civil penalties for failing to post state notices (consistent with the state's limited mandatory posting regime), failure to post federally required notices can trigger fines from the respective federal agencies. OSHA can assess penalties up to several thousand dollars per violation per poster for failure to display the Job Safety and Health notice. The EEOC and DOL can cite posting violations during investigations and audits, and persistent failure to post required notices may support findings of willful or repeat violations in wage-and-hour or discrimination cases. Employers who employ workers at subminimum wage under FLSA certificates face DOL enforcement for failure to post the disability wage notice.
Practitioners should confirm posting obligations at the start of each employment relationship and document compliance through dated photographs or checklists. Multi-state employers should not rely on South Dakota's minimal state-level posting requirements when employees work in other jurisdictions; each state's rules apply to worksites within that state.
Source: South Dakota Department of Labor and Regulation — Posting Requirements, South Dakota DLR — Minimum Wage page, SDCL 60-11-3