{"id":376353,"date":"2016-03-31T21:36:45","date_gmt":"2016-04-01T02:36:45","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/south-dakota-law\/south-dakota-right-to-work-laws.html"},"modified":"2016-06-20T19:50:16","modified_gmt":"2016-06-21T00:50:16","slug":"south-dakota-right-to-work-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/south-dakota-law\/south-dakota-right-to-work-laws.html","title":{"rendered":"South Dakota Right to Work Laws"},"content":{"rendered":"\n
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South Dakota Right to Work Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Your ability to work is essential to your ability to live. State and federal laws regulate the relationship between employers and labor unions representing employees. While labor unions can collectively bargain<\/a> for better pay and safer working conditions, problems can arise when workers don\u2019t want to join them. There can be personal, financial, political, or employment-related objections to union membership. \u201cRight to work\u201d laws give employees the right to choose whether or not to join a union. Here\u2019s a summary of South Dakota\u2019s right to work laws.<\/p>\n

South Dakota Right to Work Laws<\/h2>\n

South Dakota was one of the earliest right to work states<\/a>. A state constitutional amendment passed in 1946 prohibits any person\u2019s right to work from being \u201cdenied or abridged on account of membership or nonmembership in any labor union, or labor organization.\u201d  Currently, South Dakota is one of the twenty-five states in the country to enact right to work laws. The remaining twenty-five states don\u2019t have similar protections in place. <\/p>\n

The state legislature has also passed criminal laws prohibiting attempts to interfere with a person’s right to work. It\u2019s a misdemeanor to force, threaten, or intimidate workers into joining a union. It\u2019s also a crime to attempt to curtail someone\u2019s free exercise of his or her right to work, demand that an employer hire certain employees and not others, and agree to limit someone\u2019s right to work on account of union membership. Other laws protecting temporary workers during strikes and protecting workers\u2019 ability to enter into a profession or trade exist too. Violations can be punished by imprisonment in a county jail and a fine.<\/p>\n\n
Code Section<\/b><\/td>\n60-8-3, et seq.; 60-10-10; state constitution art. VI, \u00a7 2.<\/td>\n<\/tr>
Policy on Union Membership, Organization, etc.<\/b><\/td>\nThe right of persons to work shall not be denied or abridged on account of membership or nonmembership in a labor union or organization.<\/td>\n<\/tr>
Prohibited Activities<\/b><\/td>\n

Any agreement relating to employment that denies the free exercise of the right to work;<\/p>\n

Any coercion to enter into such an agreement;<\/p>\n

Coercion of employee to join a union;<\/p>\n

Interference with the right to work by use of force or violence.<\/p>\n<\/td>\n<\/tr>

Penalties<\/b><\/td>\nViolations are Class 2 misdemeanors punishable by up to thirty days imprisonment in county jail and a $100 fine or both (22-6-2).<\/td>\n<\/tr><\/tbody><\/table>\n

Related Resources for Right to Work Laws<\/h2>\n

You can find more information on state right-to-work laws<\/a>, unions<\/a>, and employment related legal matters<\/a> on these pages. For more specific questions, we recommend speaking with a local employment lawyer<\/a>.<\/p>\n

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