The Last Paycheck
SDCL § 60-11-10 — due by the next regular payday, fired or quitting, or once the employer's property is returned
When an employer separates an employee from the payroll, the unpaid wages are due no later than the next regular payday for those hours.
When an employee without a written contract for a set period quits, the wages are due on the same terms.
The employer's property. Either way, if the employee still holds the employer's property, the wages are due as soon after that as it is returned.
A particular paycheck is a question for a licensed South Dakota attorney or the Department of Labor and Regulation.
Sources for this section (2)
- SDCL § 60-11-10 — Prompt payment of wages due on separation by employer; Withholding for return of employer's property
- SDCL § 60-11-11 — Payment on regular pay day after resignation by employee; Withholding for return of employer's property
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.