Disclaimer: The content provided below is for informational purposes only and does not substitute legal advice.
Last updated October, 2026
South Dakota Employee Handbook Overview
Your handbook should explain the federal and South Dakota policies that apply to your workplace. If you have employees in other states, include the policies that apply to them, too. You can use one handbook with state-specific sections; South Dakota does not require a separate handbook for employees in the state.
Below are South Dakota policies to consider, along with common federal policies and workplace posting requirements. Which provisions apply depends on your business and employees.
What should be included in a South Dakota employee handbook?
Your handbook should give employees clear guidance on the rights and policies that apply to them. These South Dakota topics are a good place to start:
- South Dakota Equal Employment Opportunity Policy: Employers with one or more employees may not discriminate because of race, color, creed, religion, sex, ancestry, disability, or national origin. The law covers decisions such as hiring, training, promotion, compensation, layoffs, and termination.
- South Dakota Employment Recordkeeping Policy: Employers with more than 25 employees must keep records of employees’ wages, wage rates, job classifications, and other terms and conditions of employment for a reasonable period. Your handbook can explain how employees update their information, but state law does not require a handbook rule setting one post-termination retention period for all personnel files.
- South Dakota Voting Leave Policy: Employees entitled to vote must be allowed two consecutive hours away from work while the polls are open if they do not already have two consecutive off-duty hours during that time. Employers may choose which hours employees take. They may not deduct wages or impose a penalty for the absence.
- South Dakota Jury Duty Leave Policy: Employers may not discharge or suspend employees for serving as jurors in South Dakota. Employees retain their job status, pay rate, and seniority when they return. The employer may decide whether the time spent on jury duty is paid or unpaid.
- South Dakota Legislative Service Leave Policy: An employer must give an employee who serves in the South Dakota Legislature temporary leave to perform official legislative duties without loss of job status or seniority. The employer may make that leave paid or unpaid. This protection is narrower than a general right to take leave for political activity or to run for office.
- South Dakota Business Expense Reimbursement Policy: Employers must cover necessary amounts employees spend or lose as a direct result of performing their duties or following employer directions, subject to statutory exceptions. Explain how employees should submit work-related expenses for reimbursement.
- South Dakota Minimum Wage Policy: South Dakota’s minimum wage for non-tipped employees is $11.85 per hour in 2026. The rate is adjusted annually. Employers using the tip credit must follow the state’s tipped-wage and recordkeeping rules and make sure tips bring employees’ pay to at least the full minimum wage.
- South Dakota Final Pay Policy: Whether an employee quits or is discharged, earned wages and compensation are generally due by the next regular payday for those hours. State law permits an employer to withhold final payment until the employee returns company property in the employee’s possession. Your handbook should also clearly explain any vacation or PTO benefits your company chooses to provide.
Federal Policies
Don’t forget about the federal policies. The right set depends on your size, industry, and workforce, but these are common topics for an employee handbook.
Core federal policies to consider where applicable
- Equal Employment Opportunity and Anti-Discrimination Policy
- Anti-Harassment and Complaint Procedure
- Family and Medical Leave Act (FMLA) Policy
- Americans with Disabilities Act (ADA) and Reasonable Accommodation Policy
- Military Service Leave (USERRA)
- Wage and Hour Compliance Policy (FLSA)
- Policies required for covered federal contractors, such as pay transparency or drug-free workplace provisions
Highly recommended policies
- At-Will Employment Notice
- Workplace Violence Prevention Policy
- Code of Conduct Policy
- Nursing Parents Policy
- Conflict of Interest and Business Ethics
- Disciplinary Procedures
- Use of Company Property
- Employee Classification and Pay Practices
- Health and Safety Policy
- Confidential Company Information
- Open Door Policy
- Receipt of Non-Harassment Policy
- Use of Communication and Computer Systems
- Workplace Searches and Inspections
Additional policies to include as appropriate
- Industry-specific policies
- Sick Leave, Vacation Leave, and PTO Policy
- Company Vehicles Policy
- Punctuality and Attendance
- Benefits
- Work Schedules
- Employment Records
- Smoking
- Overtime
- Performance Reviews
- Social Media Policy
- Remote Work Policy
- Introductory Period Policy
- References
- Hiring Relatives and Significant Others
- Business Expense Reimbursement
You can select the policies that fit your business in the handbook builder.
Poster Requirements
Labor law posters help employees find information about their workplace rights. Employers need to display the federal and South Dakota notices that apply to them.
Why should I care about displaying posters?
Missing or outdated notices can lead to penalties under the applicable law. Check your posters when laws change, when you open a new location, or when your workforce changes.
What are the requirements for displaying labor law posters?
Required physical posters generally need to be easy for employees to see at each covered workplace. If you have remote employees, review each notice’s electronic-posting rules. For some federal wage-and-hour notices, electronic posting may supplement physical posters; it may replace them only when the Department of Labor’s conditions are met.
What labor law posters do I need to display?
Requirements depend on your business. You can get the applicable posters free from government agencies:
- Federal posters: Use the U.S. Department of Labor’s FirstStep Poster Advisor to identify federal DOL notices that may apply.
- South Dakota posters: The South Dakota Department of Labor and Regulation provides the state’s reemployment assistance and safety-on-the-job postings at no charge. Employers must also give the reemployment assistance notice to workers individually when they separate from employment.
How to create a South Dakota Employee Handbook?
An employee handbook gives your team one place to find company policies and understand what to expect at work. Start with the policies that fit your business, add the South Dakota provisions that apply, and make sure the finished handbook reflects how your company actually operates. Review it as your business and the law change.
That’s where Handbooks.io can help. Answer a few questions about your company, choose your policies, and create a handbook you can edit and share.
Get started on building your handbook
Creating a handbook only takes a few minutes. The builder will ask questions such as:
- How many employees do you have?
- Do you have employees in multiple states?
- Do you have an introductory period for new employees?
- Do you offer paid holidays?
- What is your payroll schedule?