November 2021: South Dakota 2022 Minimum Wage Increase

Update Applicable to:

All employers in South Dakota.

What happened?

On October 15, 2021, the South Dakota Department of Labor and Regulation posted their annual update to the tipped and non-tipped minimum wage rates for the upcoming year, based on the cost of living as measured in the Consumer Price Index published by the U.S. Department of Labor.

What are the details?

The South Dakota Department of Labor and Regulation announced the new adjusted rate for both non-tipped and tipped minimum wages for their annual adjustment.

Effective January 1, 2022, the minimum wage for non-tipped employees in South Dakota will be $9.95 per hour.

Effective January 1, 2022, the minimum wage for tipped employees will be no less than $4.975 per hour.

The employer must make sure the employees receive no less than the current minimum wage and must keep a record of all tips received by employees.

For more information, please see the link below:

South Dakota Department of Labor and Regulation

What do employers need to do?

Employers should review the information on the new rates and any applicable payroll or other policies and make changes to comply with the update.

November 2020 South Dakota HR Legal Updates

South Dakota Voters Legalize Marijuana Usage

What happened?
South Dakota voters have voted in favor of Constitutional Amendment A and Measure 26, both relating to the use of marijuana.

What are the details?
Constitutional Amendment A allows for the recreational use of marijuana for adults over the age of 21. Notably, Measure 26 legalizes the use of medicinal marijuana. Measure 26 allows users of medicinal marijuana the same protections granted to patients prescribed prescription drugs with regard to employment and drug testing.

Measure 26 can be read here.

What do employers need to do?
Employers in South Dakota should review their pre-employment practices in order to accommodate the new protections granted to medicinal marijuana users.