Employment Law

Frequently Asked Questions

What is employment law?

Employment law, also known as labor law, is a branch of legal regulations that governs the relationship between employers and employees. It falls under the umbrella of business law. It's important to note that employment laws can vary significantly from one jurisdiction to another, as they are often influenced by national or regional legislation. Employers and employees alike are expected to comply with these laws to maintain a fair and equitable work environment.

Does an employer need a reason to terminate an employee?

South Dakota is an “at will” state, which means that employment relationships can be terminated at will and employers do not need a specific reason to fire an employee as long as it is not prohibited by law, policy or contract. Some exceptions to this general rule include but are not limited to: an employment contract exists, firing an employee for refusing to commit a criminal act, firing an employee for a discriminatory reason, or firing an employee who is attempting to take advantage of a lawful right.

How often should employer's review the employee handbook?

The frequency with which you should review your employee handbook depends on various factors, including changes in laws and regulations, updates to company policies, and shifts in the business environment. You should conduct a comprehensive review of your employee handbook at least once a year. You should also review your handbook if there have been significant changes in the laws or if your company has grown in size.

What is the difference between an independent contractor and an employee?

In South Dakota, in order to be considered an independent contractor, a worker must meet both of the following elements: (1) The individual has been and will continue to be free from control or direction over the performance of the service, both under his or her contract of service and in fact; and (2) the individual is customarily engaged in an independently established trade, occupation, profession, or business. An employee is any person in the services of another who remains under the control and direction of the employer. It's essential to note that misclassifying employees as independent contractors or vice versa can lead to legal consequences. Employers should carefully consider the nature of the working relationship and local regulations.

What is discrimination in the workplace?

Discrimination in the workplace refers to unfair or prejudicial treatment of employees based on certain characteristics that are protected by law, including but not limited to race, ethnicity, gender, age, disability, religion, national origin, pregnancy, veteran status, and genetic information. Discrimination can be demonstrated in various forms including hiring, promotion, compensation, job assignments, and termination decisions. It can also involve creating a hostile work environment through harassment or exclusion. Employers have a legal obligation to prevent and address discrimination in the workplace.

How are workplace accommodations handled for employees with disabilities?

Employers are required to make reasonable accommodations to enable individuals with disabilities to perform their job duties. This is an interactive process that begins with a request for accommodation from an employee. Employers may request documentation from a health care professional to verify the need for an accommodation as long as the request is not overly burdensome. Then, the employer and employee work together to identify reasonable accommodations that would enable the employee to perform the essential functions of the job. However, employers are not required to provide an accommodation if they can show it would cause an undue hardship on the employer.

How can employers stay informed about changes in employment laws and regulations?

Employment law is a dynamic and constantly evolving field. Staying informed about changes in employment law is crucial for employers to ensure compliance and mitigate legal risks. Here are some strategies for employers to stay updated on changes in the law: subscribe to a publication providing legal news and updates; regularly check websites of government agencies responsible for labor laws and human resource networks; engage in continuous training and seminars; and establish a relationship with an employment law attorney who can monitor the changes for you.