US Legal Forms
Legal Resources
Questions & Answers
Election Laws
Is there any law in South Dakota which protects the voting right of employees?

Is there any law in South Dakota which protects the voting right of employees?

Full question:

Is there any law in South Dakota which protects the voting right of employees?

Category: Election Laws
Date: 04/07/2025
State: South Dakota

Answer:

In South Dakota, an employee is allowed to take time off to vote if polls are not open two consecutive hours outside the employee’s regular shift. The employer may specify the time that the employee is given off to vote. This time off is paid. (S.D. Codified Laws Section 12-3-5). An employer who refuses an employee the privilege conferred by this section or who subjects an employee to a penalty or reduction of wages because of the exercise of such privilege or who directly or indirectly violates this section is guilty of a Class 2 misdemeanor. An employer who refuses an employee the privilege conferred by this section or who directly or indirectly violates this section is guilty of a Class 2 misdemeanor.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Do employees in South Dakota have the right to take time off to vote?

Yes, employees in South Dakota have the right to take time off to vote if they do not have two consecutive hours outside their regular work shift when polls are open. This time off is paid, and employers can determine when employees can take this time. If an employer denies this right, it may result in legal penalties for the employer under South Dakota law (S.D. Codified Laws Section 12-3-5). *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What happens if an employer denies time off for voting in South Dakota?

If an employer in South Dakota denies an employee's request for time off to vote, or penalizes them for taking this time, the employer may be committing a Class 2 misdemeanor. This law is designed to protect employees' rights to participate in elections without fear of repercussions from their employers (S.D. Codified Laws Section 12-3-5). *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

Are there any penalties for employers who violate voting rights in South Dakota?

Yes, employers who violate employees' voting rights by denying time off to vote or retaliating against employees for exercising this right can face legal consequences. Specifically, such actions may be classified as a Class 2 misdemeanor under South Dakota law (S.D. Codified Laws Section 12-3-5). This serves as a deterrent to ensure that employees can vote without fear of employer retaliation. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

Can an employer decide when employees can take time off to vote in South Dakota?

Yes, in South Dakota, employers have the authority to determine the specific times employees can take off to vote. However, this time must be provided if the employee does not have two consecutive hours outside their regular work shift when polls are open. This ensures that employees have the opportunity to vote while allowing employers to manage their work schedules (S.D. Codified Laws Section 12-3-5). *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*