2008 South Dakota Labor Law Posters

December 27th, 2007 Posted by Amelia

Every South Dakota employer should update their labor law posters by December 31, 2007.

The 2008 South Dakota labor law posters contain some important changes. For one thing, they reflect changes in the federal minimum wage that occurred in 2007.

In 2008, by state law, every South Dakota employer is required to display the following posters:

  • Sexual Harassment 
  • Unemployment Insurance 
  • Workplace Safety

Popular locations for posters include break rooms, beside the employee time clock or in other employees-only areas.

In addition, South Dakota employers are require to display a number of federal labor law posters including:

  • USERRA – Uniformed Services Employment and Reemployment Rights Act 
  • Equal Employment Opportunity is the Law 
  • Federal Minimum Wage 
  • Employee Polygraph Protection Act 
  • Family and Medical Leave Act 
  • OSHA-Job Safety & Health Protection

State minimum wages vary across the nation. For the past two years, the Oregon minimum wage has been the second highest in the nation. In 2008, it will go to the fourth highest, when California and Massachusetts increase their state rates from $7.50 per hour to $8.00 per hour. This is just one of the changes that will be reflected in the new labor law posters for the year.

South Dakota labor law posters serve as a handy reference on a wide range of topics, from unemployment benefits to child labor laws.

Labor law posters provide important information for employees and supervisors alike. For example, from state to state, the laws controlling minimum wage for tipped workers and overtime pay show a wide variation. Complete updates are available on each state’s labor law posters.

When it comes to minimum wage rates for tipped workers, some states don’t have their own laws, so they are automatically covered by the federal law. Some are slightly more generous, while others equal or are nearly equal to the states’ own minimum wages. Kansas, on the other hand, at $1.59 an hour, is the lowest.

The federal rate is $2.13 an hour. Nebraska, Kentucky, and Indiana follow the federal rate. Michigan’s on the other hand is $2.65. Massachusetts is $2.63, Wisconsin is $2.33, and North Carolina is $2.43.

But there is no “tip credit” for employers in Washington State. In other words, tipped workers’ minimum wage is the same as for other workers. It will be $8.07 an hour starting January 1. In Hawaii, it’s just 25 cents an hour below the usual minimum wage. Tipped workers get $7 an hour, while other workers get $7.25. Colorado’s rate in 2008 will be $4.02 an hour.

States either have no overtime law, in which case they follow the federal law, or they pass laws building on or mirroring the federal law.

Federal law offers a premium of 1.5 times the normal hourly rate for any time over 40 hours. States without their own laws include Delaware, Arizona, Idaho, Georgia, and Florida. Workers not normally covered by federal overtime law are not entitled to overtime in these states.

Nebraska mirrors the federal law but extends coverage to all businesses with 4 or more employees. Illinois, Massachusetts, and Michigan also mirror federal law – 1.5 times normal after 40 hours. But Kansas’ overtime does not kick in until 46 hours, and Minnesota’s not until 48.

Kentucky provides overtime after 40 hours or on the 7th consecutive workday regardless of number of hours. In Colorado, it kicks in after 12 hours in a day or 40 hours in a week. Only restaurant and hotel workers may collect overtime on the 7th consecutive day of work in Connecticut.

California has the most generous plan. Employees get overtime after working 8 hours in a day or 40 hours in a week. Anyone working 7 consecutive days gets overtime on the 7th day. Double-time is paid after an employee works 12 hours in a day, or after 8 hours on the 7th consecutive work day.

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South Dakota USERRA Poster

June 1st, 2007 Posted by Amelia

Would you like to know about the final USERRA regulations that the Department of Labor made public recently?  I can assist you with that.

All of you employers out there should take the opportunity to make sure your South Dakota USERRA posters have all the latest information.  One popular question is regarding promotions for returning service members.  As far as rights, benefits, and seniority, a military worker who comes back to their civilian job should not lose their place.  For example, if John worked for a company for 8 years and Jane worked for 6, John should be promoted before Jane (if promotions are based solely on seniority).  Even if John goes away on active military duty for two years, he still has seniority over Jane.

Let’s say that John went away and many things changed in the business since he left.  He is, under USERRA, entitled to the necessary training that applies to his position.  If the position no longer exists, or if he is unable to perform the necessary skills with the new changes in the company, he may be entitled to another position within the company. 

A military leave of absence entitles service members to the same benefits as anyone else who is able to take a leave.  That means a service member can have the same benefits as a person on disability or maternity leave. 

The Uniformed Services Employment and Reemployment Rights Act maintains all of the original rights of reinstatement.  Job protection is a given for any military member who has to be away serving for up to five years.  They have a right to return to their civilian jobs when the return.  The years are, of course, cumulative, which means that the years are counted together even if they are not consecutive.  Disabled military members may be allowed another two years of job protection. 

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South Dakota Worker Safety Slips, Trips and Falls

May 30th, 2007 Posted by Amelia

Deaths and injuries are just part of the story behind the figures of the U.S. Bureau of Labor Statistics. OSHA (the U.S. Occupational Safety and Health Administration) points out that these staggering accident rates result in time off work, lost wages, lawsuits, and high-priced medical bills. And the numbers do not even reflect statistics for work in the public sector, with such high-risk jobs as police work, paramedical service, and firefighting.

Nobody likes workplace injuries. Not workers. Not management.  They are painful and costly. Yet accidents on the job, and their resulting injuries – and sometimes deaths – are not unusual.

The statistics on slips, trips and falls can be chilling. In 2005 alone (the last year for which numbers are available), 5,702 workers nationwide died in workplace accidents. They were just a few of the 4,214,200 on-the-job accidents for that year. Altogether, the accidents resulted in more than a million lost workdays – a total of 1,234,700. The figures are strictly for the private sector, and don’t even reflect the statistics of high-risk public jobs like police work, firefighting, and paramedical work, among others.

OSHA has developed a Workplace Safety Pack, which offers an easy to understand guide to taking safety precautions on the job. Included in the pack are Workplace Ergonomics as well as three safety posters – the Workstation Safety Tips poster, the Lifting Safely poster, and the Slips, Trips and Falls poster.

The last poster is particularly important when you consider that, tragically,  slips, trips, and falls are second only to car related accidents when it comes to deaths on the job. In 2005 alone, for example, 732 people at work died after a fall. Driving accidents resulted in 1,258 deaths on the job.

2005 is the most recent year for which safety statistics are available for the workplace.

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Mandatory Compliance Posting Requirements for Employers in South Dakota (SD)

September 13th, 2006 Posted by Lindsay

I was looking through the various South Dakota ( SD ) Employment Labor Poster requirements, and I noticed that South Dakota actually only requires that three of its labor laws be posted in the workplace. Those are Sexual Harassment, Unemployment Insurance, and the Workplace Safety notice. This is actually quite a small number of posters for employers to keep up with, as most states require many more. Still, these posters are mandated by the state of South Dakota to be placed on the walls of a business in a visible location. This location should be visible to workers, not necessarily customers. It could be a place like a meeting room, a break room, or the lunch room.

By placing these posters on the wall, employers remain in compliance with the state laws. They also keep their employees fully informed of the laws and of any changes to them that may occur. They also serve as a reminder to employers to follow the laws and regulations set out by the state.

In addition to the state Employment Labor Posters, the Federal government has several posting requirements of its own. These include the following posters: USERRA – Uniformed Services Employment and Reemployment Rights Act, Equal Employment Opportunity is the Law, Federal Minimum Wage, Employee Polygraph Protection Act, Family and Medical Leave Act, and OSHA-Job Safety & Health Protection.

If you’re an employer in South Dakota, you should know that you are solely responsible for being aware of changes in the labor laws and the South Dakota ( SD ) Employment Labor Poster requirements. You will be held responsible for any missing or outdated posters at your place of business. By checking back often on our blog website, you can stay informed of what’s going on with the labor laws in your state.

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South Dakota (SD) State Labor Law Posters

September 13th, 2006 Posted by Derrick

I would like to tell you about the labor law posters for South Dakota. The posters are designed to let employees know about the rights and protections they enjoy under both federal and state laws. In order to ensure that the employees see the labor law posters for South Dakota, the law requires that the posters be displayed in a conspicuous area.

In order to display the labor law posters for South Dakota in an obvious place, the posters should be hung in a spot where employees are known to gather. The labor law posters for South Dakota can’t be obstructed and they must be kept clean. It might be a good idea to cover the labor law posters for South Dakota with clear plastic or glass.

There are only three required state posting requirements for the labor law posters for South Dakota. They are: the Sexual Harassment poster, the Unemployment Insurance, and Workplace Safety. The federal requirements are: the Uniformed Services Employment and Reemployment Rights Act (USERRA), Equal Employment Opportunity is the Law, Federal Minimum Wage, Employee Polygraph Protection Act, Family and Medical Leave Act, and Job Safety and Health Protection (OSHA).

Not all of the labor law posters for South Dakota have to be displayed in every workplace throughout South Dakota. The type and size of the business determines the exact requirements for the posters. Employers need to make sure they display the correct posters in their business.

Employers also need to make sure they display the labor law posters for South Dakota in the appropriate place and that the posters are updated whenever the applicable law changes. It’s up to the employer to know when to update the posters and then to make the appropriate changes. Failure to follow the laws for the labor law posters for South Dakota may result in fines.

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