An employer who violates the provisions of § 60-12-15 is liable to an employee affected in the amount of the employee’s unpaid wages.

Action to recover the liability may be maintained in a court of competent jurisdiction by one or more employees for themselves and other employees similarly situated. The court in the action may in addition to a judgment awarded to the plaintiff, allow a reasonable attorney fee to be paid by the defendant and costs. This section does not limit a cause of action under chapter 20-13.

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Terms Used In South Dakota Codified Laws 60-12-18

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Plaintiff: The person who files the complaint in a civil lawsuit.

Source: SL 1966, ch 64, § 3; SL 1978, ch 153, § 9; SL 2008, ch 276, § 96.

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