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Summary of differences between federal and state regulations
The federal Fair Labor Standards Act does not require payment for time not worked, nor does it regulate vacation pay, holiday pay, or other paid time off. These types of benefits are generally a matter of agreement between an employer and an employee (or the employee’s representative). Employers, however, do need to comply with applicable state laws.
Jury duty
South Dakota law doesn’t require employers to pay employees for jury duty.
South Dakota law requires state employees to be paid for jury duty. The employee also keeps any jury fees and travel payment.
Paid time off (PTO)
South Dakota law does not require vacation pay. However, if an employer chooses to provide paid time off benefits, it must follow the terms and conditions established in its policy.
Voting
South Dakota law allows employees two hours off to vote. Pay deductions are not allowed. This time off for voting doesn’t apply if there are two consecutive nonworking hours before or after the shift to vote. Employer can specify the hours taken off.
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