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 license paperwork - a sales tax license, a separate contractor's excise tax license, food service manager certification - plus two short workplace postings and a 60-day breach clock with an Attorney General report above 250 residents.
South Dakota has a rule of its own in 5 of the 14 areas, listed below. In 7 more we searched the state's own site and found nothing beyond the federal rule, but we have not finished writing up where we looked, so those are not shown yet. The remaining 2 areas we have not checked yet.
Headcount
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South Dakota rules for a 15–19 person general business
We check the same 14 areas of state law on every state page: breach notification, data security program, consumer privacy law, biometric and health data, harassment prevention, workplace safety programs, workplace violence prevention, insurance data security, state vendor security program, paid leave policies, required postings, pay transparency, licensing and certifications, and other written policies. Federal rules apply in most of these already. What this page adds is whether South Dakota has a rule of its own on top. The federal rules every employer carries follow the South Dakota rules. Each row names what you must write, post, file or certify, who enforces it, and links to the authority.
Breach Notification 1Who you must tell after a data breach, and how fast
Required Postings 1The notices every workplace in the state must display
Pay Transparency 1Salary ranges in job posts and pay disclosure on request
Licensing and Certifications 2Registrations, licenses and certifications a business or its staff must hold
Other Written Policies 3Any other document the state makes an employer write or hand out
Because You Are in Construction 2Industry layer
Because You Are in Food & Beverage 1Industry layer
Federal rules for a 15–19 person general business
Federal rules apply in every state, on top of the South Dakota rules above.
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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