South Dakota Final Paycheck Laws
Calculate when final wages are due under South Dakota law. Enter the termination details below.
Final Paycheck Deadline Calculator
Find out exactly when the final paycheck is due based on state law.
South Dakota Law
By next regular payday, or when employee returns employer property (whichever is later)
South Dakota has a unique provision allowing employers to withhold final pay until company property is returned. However, the withholding is limited to the value of the unreturned property, not the entire final paycheck. This provides some protection for employers but must be applied reasonably.
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South Dakota Final Paycheck Requirements
| Scenario | Deadline |
|---|---|
| Employee is fired or laid off | By next regular payday, or when employee returns employer property (whichever is later) |
| Employee quits with notice | Next regular payday |
| Employee quits without notice | Next regular payday |
| PTO/Vacation payout required? | No / depends on policy |
Penalties
South Dakota does not have specific statutory penalties for late final paychecks. However, employees may still file wage claims and employers could face other consequences.
PTO/Vacation Payout
South Dakota does not require payout of accrued, unused vacation or PTO at separation. Vacation policies are governed entirely by the employment agreement or company policy. Employers may implement 'use it or lose it' policies without restriction. Review your handbook language carefully to avoid creating unintended obligations.
Additional Notes
South Dakota has a unique provision allowing employers to withhold final pay until company property is returned. However, the withholding is limited to the value of the unreturned property, not the entire final paycheck. This provides some protection for employers but must be applied reasonably.
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