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The FLSA applies only to employers whose annual sales total $500,000 or more or who are engaged in interstate commerce. You might think that this would restrict the FLSA to covering only employees in large companies, but, in reality, the law covers nearly all workplaces.
Under Executive Order 11246, you have the right to inquire about, discuss, or disclose your own pay or that of other employees or applicants. You cannot be disciplined, harassed, demoted, terminated, denied employment, or otherwise discriminated against because you exercised this right.
The FLSA, identifies two types of employees: non-exempt employees and exempt employees: Non-exempt employees are employees who, based on the duties performed and the manner of compensation, are required to account for time worked and sick leave, vacation, and other leave on an hourly and fractional hourly basis.
South Dakota has been a right-to-work state since 1946, when it was made part of the state constitution.
Here are basic definitions you need to know to understand salaried, hourly, exempt, nonexempt, and salaried nonexempt employees. Except where noted, these employee classification definitions come from the U.S. Department of Labor.
A state constitutional amendment passed in 1946 prohibits any person's right to work from being denied or abridged on account of membership or nonmembership in any labor union, or labor organization. Currently, South Dakota is one of the twenty-five states in the country to enact right to work laws.
Employment relationships in South Dakota may be 'terminated at will,' which means an employer does not need a specific reason to fire an employee. This is the same concept as an employee not needing a specific reason to quit a job. Generally, the only exceptions to this rule are when: A contract for employment exists.
South Dakota does not have any required number of hours to be full-time. So, it is up to each company to set how many hours an employee must work to be part-time or full-time. Employees should contact their supervisor to find out if they are considered full-time or part-time at their job.
Employees at businesses with fewer than two employees. Employees at businesses that have an annual revenue of less than $500,000 and who do not engage in interstate commercei Railroad workers (covered instead by the Railway Labor Act) Truck drivers (covered instead by the Motor Carriers Act)
Employees whose jobs are governed by the FLSA are either "exempt" or "nonexempt." Nonexempt employees are entitled to overtime pay. Exempt employees are not. Most employees covered by the FLSA are nonexempt.