South Dakota HR guidance for practitioners.
Pick a topic below to see the federal rule, the SD statute, and the practitioner steps Ask HR AI walks you through in a session.
South Dakota at a glance
- Report lookback: 7 years (FCRA default). South Dakota applies FCRA.
- Ban-the-box: None statewide. No statewide ban-the-box statute.
- Salary history: No restriction. No statewide salary-history ban.
- Cannabis: Medical only. Measure 26 (2020) authorized medical cannabis; recreational legalization was struck down by the state supreme court.
South Dakota topics
FCRA adverse action in South Dakota
The two-step FCRA adverse action process: pre-adverse notice with a copy of the report and Summary of Rights, a reasonable waiting period, and the final adverse action notice.
Read the SD guideBan-the-Box and Fair Chance hiring in South Dakota
When employers may ask about criminal history, individualized assessment requirements, and the state and city ordinances that add rules on top of federal EEOC guidance.
Read the SD guideWage and hour in South Dakota
FLSA exempt vs non-exempt classification, overtime rules, meal and rest breaks, off-the-clock work, and state daily-overtime rules that overlay the federal floor.
Read the SD guideLeaves and accommodations in South Dakota
Coordinating FMLA, ADA reasonable accommodation, workers' comp, pregnancy accommodation, and state paid family and medical leave programs.
Read the SD guideDrug testing and marijuana in South Dakota
Pre-employment, reasonable-suspicion, and post-accident drug testing across states with off-duty cannabis protections and safety-sensitive carve-outs.
Read the SD guidePay transparency and pay equity in South Dakota
State and city pay range disclosure laws, pay equity analyses, and how to respond to an applicant's compensation question.
Read the SD guideHarassment prevention and training in South Dakota
Mandatory sexual harassment training in CA, NY, IL, CT, DE, ME, WA — plus prevention policies, complaint channels, and Faragher/Ellerth defenses.
Read the SD guideBackground check basics for HR in South Dakota
What a compliant employment background check includes, FCRA disclosure and authorization, and how to interpret common report components.
Read the SD guideRelated SafestHires resources for South Dakota
- South Dakota background-check rules — the underlying state-screening reference.
- South Dakota FACIS healthcare screening — Medicaid exclusion and licensing boards.
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