South Dakota Employment Agreement / Offer Letter (2026)

A job offer letter or full employment agreement with pay, benefits, confidentiality, IP and restrictive covenants drafted to your state's non-compete, sick-leave and pay-timing rules.

Updated September 11, 2026≈ 10 minReviewed against SDCL §§ 53-9-11, 53-9-11.1, 53-9-11.2; SB 153 · SDCL § 60-11-9 · SDCL §§ 60-11-10, 60-11-11

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What you'll get

Sample first page of the Employment Agreement / Offer Letter. Your answers fill in the blanks; the clauses required in South Dakota are added automatically.

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What this document covers

Offer letter or full employment agreement in one wizard
Position, duties, location and start date
At-will or fixed term
Exempt / non-exempt status with FLSA overtime note
Salary or hourly pay, bonus and commission plan
Benefits, PTO and state paid sick leave
Confidentiality, DTSA notice and IP assignment with state carve-outs
Non-solicitation and state-compliant non-compete
Termination, final pay timing and return of property
Optional arbitration, governing law, state new-hire notices

South Dakota rules that this document follows

Non-compete rule	Limited; max 24 monthsSource: SDCL §§ 53-9-11, 53-9-11.1, 53-9-11.2; SB 153 (2026)
Invention-assignment carve-out	No statute — agreement controlsSource: No state invention-assignment statute; common law and the agreement control (own-time inventions unrelated to the business generally remain the employee's)
Pay frequency	at least once each calendar month on regular agreed paydaysSource: SDCL § 60-11-9
Final paycheck	Discharged: next regular payday (may be withheld until the employer's property is returned). Resigned: next regular payday.Source: SDCL §§ 60-11-10, 60-11-11
Paid sick leave	No statewide mandateSource: No statewide paid sick leave mandate
Pay transparency	No state requirementSource: No state pay-transparency statute (local ordinances may apply)
New-hire wage notice	None requiredSource: No statutory new-hire wage notice; FLSA posting and this Agreement's pay terms suffice
Exempt salary floor	$684.00/week ($35,568.00/yr, 2026) — federal FLSA levelSource: 29 C.F.R. § 541.600

Rules current as of 2026-09-14. Statutes change; verify before relying on them.

How to use this Employment Agreement / Offer Letter in South Dakota

Decide exempt vs. non-exempt honestly: the salary floor and the duties test both matter, and misclassification is the most expensive payroll mistake.

Give the signed offer letter or agreement before the first day, and complete Form I-9 within three business days of the start date.

Frequently asked questions

Can I include a non-compete in South Dakota?

Only within statutory limits (SDCL § 53-9-11): Employee non-competes permitted up to 2 years within a specified area; sale-of-business covenants up to 3 years (eff. June 28, 2026); physicians and community-service providers protected. The wizard omits the covenant when the employee's pay or status does not qualify and prints any required notice.

When is the final paycheck due in South Dakota?

If discharged: next regular payday (may be withheld until the employer's property is returned). If the employee resigns: next regular payday (SDCL §§ 60-11-10, 60-11-11). Wages must otherwise be paid at least once each calendar month on regular agreed paydays (SDCL § 60-11-9).

Does South Dakota require paid sick leave?

No statewide mandate. The agreement refers to your written policy.

What salary makes an employee exempt in South Dakota?

$684 per week ($35,568 per year) under the federal FLSA (29 C.F.R. § 541.600); South Dakota sets no higher floor. The duties test must also be met.

Does South Dakota limit invention assignment?

No statute; the agreement's own carve-out for unrelated own-time inventions applies.

Other names

offer letter
job offer letter
employment contract
employee agreement
at-will employment agreement
executive employment agreement
hiring letter
work contract

Other states

FormsByState provides self-help document templates and general information, not legal advice. We are not a law firm. For advice about your situation consult a licensed attorney in your state.