Starting a Business

How do I hire my first employee?

South Dakota Operational Guidance

Published May 7, 2026 Updated May 20, 2026 State-specific operational guidance Update This Question
Operational Review Team

This operational guidance was reviewed by the 70 / 30 Business Operations Intelligence Team, specializing in business operations, payroll compliance, workforce automation, licensing, and multi-state operational requirements.

This question has been updated using current operational guidance.

How to Hire Your First Employee in South Dakota

Hiring your first employee in South Dakota involves several practical steps to ensure compliance and smooth business operations. Follow this operational guide to get started efficiently.

Step 1: Register Your Business for Employer Purposes

  • Obtain an Employer Identification Number (EIN) from the IRS if you haven’t already. This is required for tax reporting and payroll.
  • Register with the South Dakota Department of Labor and Regulation (DLR) to handle state unemployment insurance and workforce reporting.

Step 2: Understand South Dakota Employment Laws and Requirements

  • Verify employee eligibility using the federal I-9 form to confirm the employee can legally work in the U.S.
  • Classify your employee correctly as either an employee or independent contractor to ensure proper tax and labor compliance.
  • Comply with South Dakota wage and hour laws, including minimum wage and overtime rules.

Step 3: Set Up Payroll and Tax Withholding

  • Register for South Dakota withholding taxes if applicable, although South Dakota does not have a state income tax.
  • Set up payroll processing to handle federal tax withholdings (Social Security, Medicare, federal income tax), unemployment insurance taxes, and any local taxes.
  • Consider using payroll software or service providers to automate tax filings, payments, and employee recordkeeping.

Step 4: Obtain Required Insurance

  • Secure workers’ compensation insurance as required by South Dakota law for businesses with employees.
  • Consider general liability and unemployment insurance to protect your business and comply with state requirements.

Step 5: Prepare Employment Documentation

  • Create an employee handbook or written policies covering workplace rules, safety, and benefits.
  • Complete new hire reporting by submitting the employee’s information to the South Dakota New Hire Reporting Program within 20 days of hire.
  • Maintain accurate employee records including hours worked, wages paid, and tax documents, as required for compliance and potential audits.

Step 6: Onboard Your Employee

  • Conduct orientation and training to set expectations and explain workplace procedures.
  • Set up timekeeping and payroll schedules to ensure timely and accurate payment.

Following these operational steps will help you hire your first employee in South Dakota while maintaining compliance with state and federal requirements. Automating payroll and recordkeeping can streamline ongoing employee management.

Operational References

Operational guidance may vary by state, industry, licensing requirements, workforce regulations, and tax law updates. Businesses should verify compliance, payroll, licensing, and tax requirements directly with official agencies and qualified advisors.

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