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Labor Rights and Enforcement: South Dakota

Labor Rights and Enforcement requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Silas F. Mayberry, Seaton, Peters & Revnew, P.A..

Summary

  • South Dakota has a private sector labor relations statute, known as the South Dakota Labor Relations Act (SDLRA), but the SDLRA is broadly overridden by the National Labor Relations Act, making it mostly inapplicable for nearly all private sector employment. See South Dakota Labor Relations Act.
  • The South Dakota Department of Labor has jurisdiction over labor disputes that do not fall within the jurisdiction of federal law. See South Dakota Labor Relations Act.
  • Unlawful picketing and boycotts carry criminal penalties. See Picketing and Boycotts.
  • South Dakota is a "right-to-work" state so union security arrangements are prohibited. See Right to Work.
  • Employees must be given the opportunity to vote in union elections via a secret ballot. See Right to Secret Ballot Elections.