Employee Communications: South Dakota
Federal law and guidance on this subject should be reviewed together with this section.
Author: Gloria Ju
- South Dakota has two state posting requirements. See Required Workplace Posters.
- South Dakota is an employment at-will state, but it recognizes a number of statutory and contract exceptions to the at-will doctrine. See Employment At-Will.
- Restrictive covenants, such as noncompete agreements, must be two years or less in order to be valid in South Dakota. Whether an employee quit or was fired for cause will affect whether a court evaluates the reasonableness of such covenants. See Restrictions on Employee Communications and Noncompete, Nonsolicitation and Nondisclosure Agreements.
- South Dakota law protects state employees' right to free speech. See Free Speech.
- South Dakota courts recognize defamation claims. See Communicating Sensitive Information.
- The state's reference immunity law protects employers that provide references in good faith. See Communicating Sensitive Information and Reference Checks.
- The South Dakota Human Relations Act prohibits discrimination in employment on the basis of certain protected characteristics. Employers should guard against discriminatory or harassing communications in the workplace. See Discriminatory Comments.
- South Dakota is a one party consent state in terms of listening to or recording telephone conversations. See Electronic Communications Privacy.
- Computer repair technicians must report child pornography found in the scope of their professional duties to an appropriate law enforcement agency. See Electronic Communications Privacy.
- Threats made to employees that interfere with their ability to work or accept new employment or that coerce them to join a union are prohibited. See Interference With Employment.
- Employers are prohibited from engaging in or threatening to engage in reprisal against employees who file or participate in legal complaints under state antidiscrimination and wage and hour laws. See Retaliation and Whistleblowing Protections.
- South Dakota law restricts the use of mobile devices while driving. See Use of Mobile Devices.