Session Law Chapter 276
CHAPTER 276
(HB 1002)
Department of Labor style and form review of statutes.
FOR AN ACT ENTITLED, An Act to
revise the style and form of certain provisions and to
delete certain obsolete provisions regarding labor and employment and the Department of
Labor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1.
That
§
1-37-1
be amended to read as follows:
1-37-1.
The Department of Manpower Affairs is hereby continued but shall be known as the
State
There is created a
Department of Labor.
Section 2.
That
§
1-37-3
be amended to read as follows:
1-37-3.
The Department of Labor shall, under the direction and control of the secretary of
labor,
perform all the functions of the former Department of Employment Security, created by
chapter 61-2
administer the provisions of Titles 60, 61, and 62
.
Section 3.
That
§
1-37-4
be amended to read as follows:
1-37-4.
The Department of Labor shall, under the direction and control of the secretary of
labor, perform all administrative functions except special budgetary functions (as defined in § 1-
32-1) of the following advisory councils
created by chapter 61-2
:
(1)
The
manpower
state workers' compensation
advisory council;
(2)
The unemployment insurance advisory council.
Section 4.
That
§
1-37-5
be repealed.
Section 5.
That
§
60-1-1
be amended to read as follows:
60-1-1.
An employee is
one
a person
who is employed to render personal service to
his
an
employer otherwise than in the pursuit of an independent calling, and who in such service
remains entirely under the control and direction of the
latter who is called his
employer.
Section 6.
That
§
60-2-1
be amended to read as follows:
60-2-1.
An employer
must
shall
indemnify
his
an
employee, except as provided in § 60-2-2
for all that
he
the employee
necessarily expends or loses in direct consequence of the discharge
of
his
the employee's
duties
as such
, or of
his
the employee's
obedience to the direction of the
employer, even though unlawful, unless the employee at the time of obeying such directions
believed
them
such directions
to be unlawful.
Section 7.
That
§
60-2-2
be amended to read as follows:
60-2-2.
An employer, except as otherwise specially provided, is not bound to indemnify
his
an
employee for losses suffered by the
latter
employee
in consequence of the ordinary risks of
the business in which
he is
employed, nor in consequence of the negligence of another person
employed by the same employer in the same general business, unless
he
the employer
has
neglected to use ordinary care in the selection of the culpable employee.
Section 8.
That
§
60-2-3
be amended to read as follows:
60-2-3.
An employer
must
shall
in all cases indemnify
his
an
employee for losses caused by
the
former's
employer's
want of ordinary care.
Section 9.
That
§
60-2-4
be amended to read as follows:
60-2-4.
One
Any person
who agrees to serve another for a good consideration
must
shall
perform the service with ordinary care and diligence so long as
he is thus
employed.
Section 10.
That
§
60-2-5
be amended to read as follows:
60-2-5.
One employed
Any person
at
his
the person's
own request to do that which is more
for
his
the person's
advantage than for
his
an
employer
must
shall
use great care and diligence
to protect the interest of the
latter
employer
.
Section 11.
That
§
60-2-6
be amended to read as follows:
60-2-6.
A
No
contract to render personal service
cannot
may
be enforced against the
employee beyond the term of two years from the commencement of service under
it
the contract
,
but if the employee voluntarily continues
his
services under
it
the contract
beyond that time, the
contract may be referred to as affording a presumptive measure of the consideration.
Section 12.
That
§
60-2-7
be amended to read as follows:
60-2-7.
An employee
must
shall
substantially comply with all the directions of
his
the
employer concerning the service on which
he
the employee
is engaged, even though contrary
to the provisions of law on the subject of employer and employee,
except where such
unless
obedience is impossible, or unlawful, or would impose new and unreasonable burdens upon the
employee, or in case of an emergency, which according to the best information which the
employee can with reasonable diligence obtain, the employer did not contemplate, and in which
he
the employer
cannot with reasonable diligence be consulted, and in which noncompliance
is judged by the employee, in good faith, and in the exercise of reasonable discretion, to be
absolutely necessary for the protection of the employer's interests. In all such cases
,
the
employee
must
shall
conform as nearly to the directions of
his
the
employer as may be
reasonably practicable and most for the interest of the
latter
employer
.
Section 13.
That
§
60-2-8
be amended to read as follows:
60-2-8.
An employee
must
shall
perform
his
a
service in conformity to the usage of the place
of performance unless otherwise directed by
his
the
employer, or unless it is impracticable, or
manifestly injurious to
his
the
employer to do so.
Section 14.
That
§
60-2-9
be amended to read as follows:
60-2-9.
An employee
must
shall
use reasonable skill unless
his
the
employer has notice of
his
the employee's
want of skill before employing
him
the employee
. The employee
must
shall
always use all skill
he
that the employee
possesses, as far as required, for the service specified.
Section 15.
That
§
60-2-10
be amended to read as follows:
60-2-10.
Everything which
Anything that
an employee acquires by virtue of
his
employment,
lawfully or unlawfully, during or after the term of employment belongs to the employer,
excepting any compensation due the employee.
Section 16.
That
§
60-2-11
be amended to read as follows:
60-2-11.
An employee
must
shall
, on demand, render to
his
the
employer just accounts of
all
his
the employee's
transactions in the course of
his
the employee's
service as often as may
be reasonable, and
must
shall
, without demand, give prompt notice to
his
the
employer of
everything which
he
the employee
receives
for his
on
account.
Section 17.
That
§
60-2-12
be amended to read as follows:
60-2-12.
An employee who receives anything on account of
his
an
employer in any capacity
other than that of a mere employee, is not bound to deliver it to
him
the employer
until
demanded, and is not at liberty to send it to
him
the employer
from a distance without demand,
in any mode involving greater risk than its retention by the employee
himself
.
Section 18.
That
§
60-2-13
be amended to read as follows:
60-2-13.
An employee who has any business to transact on
his
the employee's
own account,
similar to that entrusted to
him
the employee
by
his
the
employer,
must
shall
always give the
latter
employer
the preference.
Section 19.
That
§
60-2-14
be amended to read as follows:
60-2-14.
If an employee is entrusted with similar affairs by different employers,
he must
the
employee shall
give
them
the different employers
preference according to their relative urgency,
or other things being equal, according to the order in which
they
the different employers
were
committed to
him
the employee
.
Section 20.
That
§
60-2-15
be amended to read as follows:
60-2-15.
An employee who is expressly authorized to employ a substitute is liable to
his
the
employee's
principal only for want of ordinary care in
his
the employee's
selection. The
substitute is directly responsible to the principal.
Section 21.
That
§
60-2-16
be amended to read as follows:
60-2-16.
An employee who is guilty of willful and wanton misconduct is liable to
his
the
employer for the damage thereby caused to the
latter; and the
employer. The
employer is liable
to
him
the employee
if the service is not gratuitous, for the value of
such
the
service only as is
properly rendered.
Section 22.
That
§
60-2-17
be amended to read as follows:
60-2-17.
Where
If
service is
to be
rendered by two or more persons jointly, and one of them
dies, the survivor
must
shall
act alone if the service to be rendered is such
as he
that the survivor
can rightfully perform without the aid of the deceased person, but not otherwise.
Section 23.
That
§
60-2-19
be amended to read as follows:
60-2-19.
An employee
must
shall
deliver to
his
the
employer as soon as with reasonable
diligence
he
the employee
can find
him, everything
the employer, anything
that
he
the employee
receives for
his
the employer's
account, without demand
; but he
. However, the employee
is not
bound, without orders from
his
the
employer, to send anything to
him
the employer
through
another person.
Section 24.
That
§
60-3-1
be amended to read as follows:
60-3-1.
One
Any person
who undertakes to do a service for another without consideration
is not bound to perform the
same
service
unless it is entrusted to
him
the person
at
his
the
person's
own request in which case
he must
the person shall
perform fully. If
he
the person
commences performance
he must
, the person shall
use slight diligence and care at least. In other
cases
,
a gratuitous employee may relinquish the employment at any time.
Section 25.
That
§
60-3-2
be amended to read as follows:
60-3-2.
A gratuitous employee who accepts a written power of attorney
must
shall
act under
it so long as it remains in force, or until
he
the employee
gives notice to
his
the
employer that
he
the employee
will no longer do so.
Section 26.
That
§
60-4-1
be amended to read as follows:
60-4-1.
Every
An
employment in which the power of the employee is not coupled with an
interest in its subject is terminated by notice to
him
the employee
of:
(1)
Death of the employer; or
(2)
Legal incapacity of the employer to contract.
Section 27.
That
§
60-4-2
be amended to read as follows:
60-4-2.
Every
An
employment is terminated:
(1)
By expiration of its appointed term;
(2)
By extinction of its subject;
(3)
By death of the employee; or
(4)
By legal incapacity of the employee to act as
such
an employee
.
Section 28.
That
§
60-4-3
be amended to read as follows:
60-4-3.
An employee, unless the term of
his
the employee's
service has expired, or unless
he
the employee
has a right to discontinue it at any time without notice,
must
shall
continue
his
service after notice of the death or incapacity of the employer so far as is necessary to protect
from serious injury the interests of the employer's successor in interest, until a reasonable time
after notice of the facts has been communicated to
such
the
successor. The successor
must
shall
compensate the employee for
such
the
service according to the terms of the contract of
employment.
Section 29.
That
§
60-4-5
be amended to read as follows:
60-4-5.
An employment even for a specified term may be terminated at any time by the
employer for habitual neglect of duty
or
,
continued incapacity to perform
,
or any willful breach
of duty by the employee in the course of
his
employment.
Section 30.
That
§
60-4-9
be amended to read as follows:
60-4-9.
An employer may discharge any employee
,
whether engaged for a fixed term or not
,
if
he
the employee
is guilty of misconduct in the course of
his
service or of gross immorality,
though unconnected with the
same
misconduct
.
Section 31.
That
§
60-4-10
be amended to read as follows:
60-4-10.
An employer may discharge any employee
,
whether engaged for a fixed term or
not
,
if, being employed about the person of the employer or in a confidential position, the
employer discovers that
he
the employee
has been guilty of misconduct before or after the
commencement of
his
service of such a nature that, if the employer had known or contemplated
it,
he
the employer
would not have
so
employed
him
the employee
.
Section 32.
That
§
60-5-4.1
be repealed.
Section 33.
That
§
60-5-11
be amended to read as follows:
60-5-11.
All duties heretofore assigned to or performed by the commissioner of labor are
hereby transferred to the Department of Labor.
The
department shall be responsible for the
enforcement of
Department of Labor shall enforce
all labor laws as found in chapters 60-1 to
60-5, chapters 60-8 to 60-13
,
and §§ 3-18-4 to 3-18-6.
Section 34.
That
§
60-5-12
be repealed.
Section 35.
That
§
60-5-14
be amended to read as follows:
60-5-14.
The Department of Labor
is hereby charged with the responsibility of administering
and enforcing
shall enforce
all the laws of this state pertaining to the employment of minors
, and
it
. The department
may establish within the department a separate division or other
organizational unit
thereof
to administer and enforce all such laws.
Section 36.
That
§
60-6-1
be amended to read as follows:
60-6-1.
The
South Dakota State Employment Service is a division of the
Department of
Labor
and the secretary, through such division
shall establish and maintain free public
employment offices in such number and in such places as may be necessary for the proper
administration of this chapter and for the purpose of performing such duties as are
within the
purview of the act of Congress entitled, "An Act to provide for the establishment of a national
employment system and for cooperation with the states in the promotion of such system, and
for other purposes," approved June 6, 1933 (48 Stat. 113;
provided by
29 U.S.C. paragraph 49
(
c
))
, as amended through
December 31, 1987
July 1, 1999
.
The
These
provisions of
the act of
Congress, as amended,
federal law
are hereby accepted by this state
, in conformity with section
4 of the act. The state shall observe and comply with the requirements thereof. The secretary is
hereby designated and constituted the agency of this state for the purposes of the act
. The
Department of Labor is designated as the agency of this state that is to cooperate with the federal
government pursuant to this federal law
.
Section 37.
That
§
60-6-2
be repealed.
Section 38.
That
§
60-6-2.1
be repealed.
Section 39.
That
§
60-6-3
be amended to read as follows:
60-6-3.
Wherever the
The term, department, as used in this chapter, means the Department
of Labor. The
term
,
secretary
is
, as
used in this chapter
it shall mean
, means
the secretary of the
Department of Labor
and shall include the division and the director provided in this chapter for
administration of the State Employment Service; and wherever the term director is used it shall
mean the director of this division of State Employment Service appointed by said secretary
.
Section 40.
That
§
60-6-4
be amended to read as follows:
60-6-4.
It shall be the duty of the
The
secretary
to
shall
cooperate with any official or agency
of the United States having powers or duties under the
provisions of the act of Congress
federal
law
referred to in § 60-6-1
, as amended,
and to do and perform all things necessary to secure to
this state the benefits of
the said act of Congress, as amended,
that federal law
in the promotion
and maintenance of a system of public employment offices.
Section 41.
That
§
60-6-5
be repealed.
Section 42.
That
§
60-6-6
be repealed.
Section 43.
That
§
60-6-7
be amended to read as follows:
60-6-7.
All moneys
Any money
received by this state under the
act of Congress
federal law
referred to in § 60-6-1
, as amended,
shall be paid into the special
"
employment service account
"
in the employment security administration fund
, and said moneys are hereby made
. Such money
is
available to the secretary to be expended as provided by
§§ 60-6-4 to 60-6-8, inclusive, and
by said act of Congress
this chapter and the federal law
.
Section 44.
That
§
60-6-8
be amended to read as follows:
60-6-8.
For the purpose of establishing and maintaining free public employment offices, the
secretary
is authorized to
may
enter into agreements with the railroad retirement board, or any
other agency of the United States charged with the administration of an unemployment
compensation law, or with any political subdivision of this state, or with any private, nonprofit
organization, and as a part of any such agreement the secretary may accept moneys, services,
or quarters as a contribution to the employment service account.
Section 45.
That
§
60-6-9
be repealed.
Section 46.
That
§
60-6-10
be repealed.
Section 47.
That
§
60-6-11
be repealed.
Section 48.
That
§
60-6-12
be repealed.
Section 49.
That
§
60-6-13
be repealed.
Section 50.
That
§
60-6-14
be amended to read as follows:
60-6-14.
The secretary
shall have authority to
may
appoint
agents who shall be under the
direction of the director as may be required in carrying
employees to carry
out the provisions
of this chapter.
Such agents shall be located at convenient points in the state for the handling
of the movements of labor of all classes, with the view that labor will not be congested at any
one point to an extent as to disturb the best interests of the state, and shall use their endeavors
to keep the supply of labor filled at the places where it is desired and in seasonable time. Such
agents
The employees
may be located at points in the state which will best serve to carry out
the provisions and intent of this chapter.
Section 51.
That
§
60-6-15
be repealed.
Section 52.
That
§
60-6-16
be repealed.
Section 53.
That
§
60-6-17
be repealed.
Section 54.
That
§
60-6-18
be amended to read as follows:
60-6-18.
The
director
secretary
shall render all aid and assistance necessary for the
enforcement of any claim by an employee against
his
an
employer which the
director
secretary
finds reasonable and just, and for the protection of the employee from frauds, extortions,
exploitations, or other improper practices on the part of persons, public or private
, and
. The
secretary
shall investigate such claims for the purpose of presenting the facts to the proper
authorities and of inducing action thereon by the various agencies of the state possessing the
requisite jurisdiction.
Section 55.
That
§
60-6-22
be amended to read as follows:
60-6-22.
The
director shall have power to
secretary may
solicit business for the public
employment offices established under this chapter by advertising in newspapers and in any other
way
he may deem
the secretary deems
expedient and take other steps that
he may deem
the
secretary deems
necessary to ensure the success and efficiency of such offices.
The
No
expenditure under
the
these
provisions
shall not
may
exceed five percent of the total expenditure
for the purpose of this chapter.
Section 56.
That
§
60-6-24
be amended to read as follows:
60-6-24.
No fees direct or indirect
shall in any case
may
be charged or received from
those
any person
seeking the benefits of this chapter.
Whoever shall violate
Any person that violates
the provisions of this section commits a Class 2 misdemeanor and
shall
is
thereafter
be
disqualified from holding any office or position in
such State Employment Service division
the
department
.
Section 57.
That
§
60-6B-1
be repealed.
Section 58.
That
§
60-6B-2
be repealed.
Section 59.
That
§
60-6B-3
be repealed.
Section 60.
That
§
60-6B-4
be repealed.
Section 61.
That
§
60-6B-5
be repealed.
Section 62.
That
§
60-6B-6
be repealed.
Section 63.
That
§
60-6B-7
be repealed.
Section 64.
That
§
60-6B-8
be repealed.
Section 65.
That
§
60-6B-9
be repealed.
Section 66.
That
§
60-6B-10
be repealed.
Section 67.
The code counsel shall transfer the provisions of
§
§
60-7-1, 60-7-2, and 60-7-7
to chapter 28-9.
Section 68.
That
§
60-8-1
be amended to read as follows:
60-8-1.
Every
Any
person who by any use of force, threats, or intimidation, prevents or
endeavors to prevent any hired foreman, journeyman, workman, laborer, servant, or other person
employed by another
person
from continuing or performing
his
work or from accepting any new
work or employment, or induces
such
the
hired person to relinquish
his
work or employment,
or to return any work
he
the person
has in hand before it is finished, is guilty of a Class 2
misdemeanor.
Section 69.
That
§
60-8-2
be amended to read as follows:
60-8-2.
Every
Any
person who by any use of force, threats, or intimidation prevents or
endeavors to prevent another
person
from employing any person, or compels another
person
to
employ any person, or forces or induces another to alter
his
the
mode of carrying on business,
or to limit or increase the number of
his
hired foremen, journeymen, workmen, laborers,
servants, or other persons employed by
him
the person
, or their rate of wages or time of service,
is guilty of a Class 2 misdemeanor.
Section 70.
That
§
60-8-3
be amended to read as follows:
60-8-3.
No person
shall
may
be deprived of life, liberty, or property without due process of
law. The right of
persons
any person
to work
shall
may
not be denied or abridged on account
of membership or nonmembership in any labor union
,
or labor organization. Violation of this
section is a Class 2 misdemeanor.
Section 71.
That
§
60-8-6
be amended to read as follows:
60-8-6.
Any solicitation or request to join a labor organization made by any person to any
employee, accompanied by threats of injury to
such
the
employee or members of
his
the
employee's
family, or damage to property, or loss or impairment of present or future
employment of
such
the
employee, is a Class 2 misdemeanor.
Section 72.
That
§
60-8-8
be amended to read as follows:
60-8-8.
It shall be the duty of the
The
state's attorney of
every
each
county
to
shall
prosecute
all persons
any person
violating any of the provisions of §§ 60-8-3 to 60-8-6, inclusive, in
his
that
county
, and he
. The state's attorney
shall
be responsible for the proper enforcement of such
enforce these
sections
, and whenever he shall have
. If the state's attorney has
any information
or knowledge or
have
has
any reason to believe that any of the provisions of
such
these
sections
are being violated in
his
the
county,
he
the state's attorney
shall investigate
the same
and use
every legitimate means
at his command
to secure the necessary and proper evidence of
such
the
violation
, and immediately
. Immediately
upon securing
such
the
evidence,
he
the state's attorney
shall file a complaint or preliminary information against any person against whom
he shall have
the state's attorney has
any evidence of any such violation
, and he
. The state's attorney
shall have
such
the
person arrested and shall vigorously prosecute such charges to final judgment.
Section 73.
That
§
60-9-2
be amended to read as follows:
60-9-2.
Any money judgment against a labor union, association or organization shall be
enforced only against
such
the
union, association or organization as an entity, and against its
assets, property and funds and
shall
may
not be
enforceable
enforced
against the property of
an
individual
any
member
or members
thereof.
Section 74.
That
§
60-9-7
be amended to read as follows:
60-9-7.
No officer, agent, or employee of any labor union
shall
may
enter, without the
consent of the owner or operator, in or upon any ranch, farm, feed yard, shearing plant, or other
agricultural premise, for the purpose of collecting dues, fines or assessments, or to solicit
membership in any union, order or promote any strike, or in any other way interfere with the
activities of any person employed on such premises. Violation of this section is a Class 2
misdemeanor.
Section 75.
That
§
60-9-8
be amended to read as follows:
60-9-8.
No person
shall
may
solicit or accept any money, or other thing of value, for services
rendered, claimed to have been rendered, or promised, to any employer of the class mentioned
in § 60-9-7, by reason of the labor union connection or association of
such
the
person
or
persons
. Violation of this section is a Class 2 misdemeanor.
Section 76.
That
§
60-9A-15
be repealed.
Section 77.
That
§
60-11-1
be amended to read as follows:
60-11-1.
A day's labor in any manufacturing or mechanical occupation shall consist of eight
hours unless there is an express agreement to the contrary. This
shall
does
not apply
when
if
the
agreement is for employment by the week, month, or year.
Section 78.
That
§
60-11-2
be amended to read as follows:
60-11-2.
It is a Class 2 misdemeanor for any employer
, as defined herein
to require any
employee to pay the cost of a medical examination or the cost of furnishing any records required
by the employer as a condition of continued employment.
The term
"
,
employer
"
,
as used in this section
shall mean and include
means
an individual,
a partnership, an association, a corporation, a legal representative, trustee, receiver, trustee in
bankruptcy, and any common carrier by rail, motor, water, air or express company doing
business in or operating within the state.
The term
"
,
employee
" shall mean and include every
, means any
person who may be
permitted, required
,
or directed by any employer,
as defined herein
in consideration of direct or
indirect gain or profit, to engage in any employment.
Section 79.
That
§
60-11-5
be amended to read as follows:
60-11-5.
The provisions of §§ 60-11-3 and 60-11-4
shall
do
not apply to
apprentices
any
apprentice
, nor to
persons
any person
learning the business or work in which employed, nor to
a
any
person
mentally or physically deficient provided
with a developmental disability, if
the
Department of Labor
of South Dakota shall issue
issues
a permit for
their
the person's
employment fixing the wage or compensation of such person.
Section 80.
That
§
60-11-7
be amended to read as follows:
60-11-7.
In any action for the breach of an obligation to pay wages,
where
if
a private
employer has been oppressive, fraudulent, or malicious, in
his
the employer's
refusal to pay
wages due to the employee, the measure of damages is double the amount of wages for which
the employer is liable.
Section 81.
That
§
60-11-8
be amended to read as follows:
60-11-8.
Whenever used in
In
§§ 60-11-9 to 60-11-23, inclusive,
"
the term,
employer
"
,
includes any person, firm, partnership, limited liability company, association, corporation,
receiver, or other officer of a court of the state, and any agent or officer of any kind of the above
mentioned classes and subject to the provisions of
the above
these
sections, employing any
person of this state.
Section 82.
That
§
60-11-13
be amended to read as follows:
60-11-13.
In case of a dispute over wages, the employer shall give written notice to the
employee of the amount of wages less whatever the employee owes the employer which
he
the
employee
concedes to be due
and
. The employer
shall pay such amount without condition
within the time set by §§ 60-11-9 to 60-11-12, inclusive
, provided that acceptance
. Acceptance
by the employee of any payment made
hereunder shall
pursuant to this section does
not
constitute a release as to the balance of the claim.
Section 83.
That
§
60-11-14
be amended to read as follows:
60-11-14.
Sections 60-11-8 to 60-11-23, inclusive,
shall
do
not apply to any form of
compensation other than cash wages owing to any employee by or on behalf of any employer.
Section 84.
That
§
60-11-15
be amended to read as follows:
60-11-15.
Any employer who
shall
intentionally
refuse
refuses
to pay the wages due and
payable when demanded as in §§ 60-11-9 to 60-11-13, inclusive, or who
shall
falsely
deny
denies
the amount thereof, or that the same is due with the intent to secure for
himself
the
employer
or any other person any discount upon such indebtedness, or with any intent to annoy,
harass,
or
oppress,
or
hinder,
or
delay, or defraud the person to whom such indebtedness is due,
commits a Class 2 misdemeanor.
Section 85.
That
§
60-11-16
be amended to read as follows:
60-11-16.
Any employee who
shall falsify
falsifies
the amount due
himself
to the employee
or who intentionally attempts to defraud the employer commits a Class 2 misdemeanor.
Section 86.
That
§
60-11-17
be amended to read as follows:
60-11-17.
It shall be the duty of the
The
Department of Labor
to
shall
ensure compliance
with the provisions of this chapter,
to
investigate
as to
any violations of §§ 60-11-8 to 60-11-23,
inclusive, and
to
institute or cause to be instituted actions for penalties and forfeitures provided
thereunder. The department may hold hearings to satisfy itself as to the justice of any claim, and
it
the department
shall cooperate with any employee in the enforcement of a claim against
his
the
employer in any case whenever, in its opinion, the claim is valid. The department
and its
authorized representatives shall have the right to
may
enter places of employment for the
purpose of inspecting records and seeing that all provisions of §§ 60-11-8 to 60-11-23,
inclusive, are complied with.
Section 87.
That
§
60-11-17.1
be amended to read as follows:
60-11-17.1.
No employer
shall
may
discharge, discriminate, or engage in or threaten to
engage in any reprisal, economic or otherwise, against any employee because
such
the
employee
has made any complaint to
his
the
employer, or to the
director
Department of Labor
, that
he
the
employee
has not been paid wages in accordance with this chapter or because
such
the
employee
has made any complaint or is about to institute any proceedings, or because
such
the
employee
has testified or is about to testify in any such proceedings.
Section 88.
That
§
60-11-18
be amended to read as follows:
60-11-18.
The Department of Labor
shall have power and authority to
may
take assignments
of wage claims, rights of action for penalties, provided by §§ 60-11-8 to 60-11-23, inclusive,
not to exceed five hundred dollars in any case of any one claim without being bound by any of
the technical rules with reference to the validity of such assignments
; and shall have the power
and authority to
. The department may
prosecute actions for the collection of such claims of
persons who, in the judgment of the department are entitled to the services of the department
and who, in its judgment, have claims that are valid and enforceable in the courts. The
department
shall have the power to
may
join various claimants in one preferred claim or lien,
and in case of suit to join them in one cause of action.
Section 89.
That
§
60-11-19
be amended to read as follows:
60-11-19.
Whenever
If
the Department of Labor determines that wages have not been paid,
and that
such
the
unpaid wages constitute an enforceable claim, the department shall upon the
request of the employee take an assignment in trust for
such
the
wages or any claim for
liquidated damages, without being bound by any of the technical rules respecting the validity
of any such assignments and may bring any legal action necessary to collect
such
the
claim.
With the consent of the assigning employee at the time of the assignment
,
the department
shall
have the power to
may
settle and adjust any such claim to the same extent as might the assigning
employee.
Section 90.
That
§
60-12-2
be amended to read as follows:
60-12-2.
No child under fourteen years of age
shall
may
be employed at any time in any
factory or workshop or about any mine, nor be employed in any mercantile establishment except
during hours when public schools are not in session and in no case after seven o'clock p.m.
Violation of this section is a Class 2 misdemeanor.
Section 91.
That
§
60-12-9
be amended to read as follows:
60-12-9.
In
every
any
mercantile or manufacturing establishment, hotel, or restaurant where
children are employed
,
suitable seats
must
shall
be maintained in the room where such
employees work and such use thereof permitted as may be necessary for preservation of the
health of such employees. Violation of this section is a Class 2 misdemeanor.
Section 92.
That
§
60-12-11
be amended to read as follows:
60-12-11.
The Department of Labor
is directed to
shall
enforce all the laws of this state
relative to employment of children.
It shall require all the directors, inspectors, agents, and
employees of the department to assist it in execution of the duty and authority hereby placed
upon it.
Section 93.
That
§
60-12-12
be amended to read as follows:
60-12-12.
The Department of Labor shall investigate any complaint made to
it
the
department
as to violation of any of the laws of this state relative to employment of children,
and independently without complaint shall at all times endeavor to ascertain violations of
any
of said
these
laws. The department shall file criminal complaints against any violator of any law
relating to employment of children
and it shall
. The department need
not
be required to
furnish
security for costs as complainant in any action or proceeding
so
instituted by
it
the department
.
Section 94.
That
§
60-12-15
be amended to read as follows:
60-12-15.
No employer
shall
may
discriminate between employees on the basis of sex, by
paying wages to any employee in any occupation in this state at a rate less than the rate at which
he
the employer
pays any employee of the opposite sex for comparable work on jobs which have
comparable requirements relating to skill, effort
,
and responsibility, but not to physical strength.
Section 95.
That
§
60-12-17
be amended to read as follows:
60-12-17.
Every
Each
employer of more than twenty-five persons shall make, keep, and
maintain the records of the wage and wage rates, job classifications, and other terms and
conditions of employment of
the persons employed by him
each person employed
, and shall
preserve the records for a reasonable period of time.
Section 96.
That
§
60-12-18
be amended to read as follows:
60-12-18.
An employer who violates the provisions of § 60-12-15 is liable to an employee
affected in the amount of
his
the employee's
unpaid wages.
Action to recover the liability may be maintained in a court of competent jurisdiction by one
or more employees for themselves and other employees similarly situated. The court in the
action may in addition to a judgment awarded to the plaintiff, allow a reasonable attorney fee
to be paid by the defendant and costs. This section
shall
does
not
be construed to
limit a cause
of action under chapter 20-13.
Section 97.
That
§
60-12-21
be amended to read as follows:
60-12-21.
No employer
shall
may
, for the purpose of dissuading an employee from
preferring charges or giving information against
him
the employer
or testifying against
him
the
employer
in an action brought under § 60-12-18, threaten termination of the employ of the
employee or other retaliatory action, or terminate the employ of the employee or take other
retaliatory action.
Section 98.
That
§
60-13-1
be amended to read as follows:
60-13-1.
A trust of real or personal property, or real and personal property combined, created
by an employer as part of a stock bonus pension, disability, death benefit, insurance,
endowment, annuity or profit sharing plan for the benefit of some or all of
his
the employer's
employees, to which contributions are made by the employer or employees, or both, for the
purpose of distributing to the employees the earnings or the principal, or both earnings and
principal, of the fund held in trust, may continue in perpetuity or for such time as may be
necessary to accomplish the purpose for which it is created
, and shall not be
. No such trust is
invalid
as
for
violating any rule of law against perpetuities or suspension of the power of
alienation of the title to property.
Section 99.
That
§
60-13-2
be amended to read as follows:
60-13-2.
No rule of law against perpetuities or suspension of the power of alienation of the
title to property
shall
may
operate to invalidate any trust created or attempted to be created, prior
to July 1, 1955, by an employer as part of a stock bonus, pension, disability, death benefit,
insurance, endowment, annuity or profit sharing plan for the benefit of some or all of
his
the
employer's
employees to which contributions are made by the employer or employees, or both,
for the purpose of distributing to the employees earnings or principal, or both earnings and
principal of the fund held in trust.
Signed February 7, 2008