An action to recover on an open account is one usually based on an implied or oral contract. Ordinarily, it is not necessary to specify all the individual items that make up the account balance due. Some jurisdictions authorize a short form of pleading that allows a copy of the written statement to be attached, specifying only that a certain sum is due the plaintiff from the defendant. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
South Dakota Complaint for Amount Due for Work and Labor Done on Open Account Basis - Breach of Oral or Implied Contracts
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How to fill out Complaint For Amount Due For Work And Labor Done On Open Account Basis - Breach Of Oral Or Implied Contracts?
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FAQ
Employers must pay employees at least once a month or on regular agreed-upon paydays that the employer specifies in advance. Employers may pay wages by check, cash, or direct deposit to the employee's bank account, unless an employer and employee agree to another form of payment. SD Codified Laws § 60-11-9.
Under South Dakota law, where a private employer has been oppressive, fraudulent, or malicious, in its refusal to pay wages due to the employee, the worker is entitled to recover double the amount of wages for which the employer is liable.
Nonexempt Status - The Fair Labor Standards Act requires that all employees that are not exempt be entitled to overtime pay (compensatory time off - public employers) of at least one-and-one-half times (1 ½) his/her regular rate for hours worked in excess of 40 in any workweek.
Q: When an employee voluntarily terminates employment, when is the final paycheck due? A: The law requires that all wages be paid on the next regular payday after an employee quits. The law does allow an employer to withhold the final paycheck until the employee returns any property that belongs to the employer.
(1)An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. (2)A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach.
The National Labor Relations Board is an independent federal agency vested with the power to safeguard employees' rights to organize and to determine whether to have unions as their bargaining representative.
The living wage in South Dakota as calculated by World Population Review, adjusted for inflation, is $45,000 per year. Out of all 50 states, South Dakota ties with Arkansas and West Virginia for the 2nd lowest living wage in the nation, behind only Kentucky at $43,000.
2d 227, 230. South Dakota is a right-to-work state.