Multistate employers
You may report all employees to one state, but you must first complete the federal multistate application and report electronically. Source: dlr.sd.gov↗ (opens in a new tab)
Rehired employees
South Dakota treats a worker as rehired if they have not been paid for 30 days, for example after medical leave, layoff or termination, even with no new W-4. Use the most recent hire date. Source: dlr.sd.gov↗ (opens in a new tab)
Penalties
No penalty is stated on the state's official new hire pages. Source: dlr.sd.gov↗ (opens in a new tab)
The law and where to check
The law: SDCL 25-7A-3.3 (opens in a new tab)
The agency: South Dakota Department of Labor and Regulation, New Hire Reporting Center (opens in a new tab)
What federal law says
Federal law requires every employer to report each new hire to the state's new hire directory within 20 days, or sooner if the state sets a shorter deadline. States use the reports for child support. Source: Social Security Act § 453A↗ (opens in a new tab)
New hire reporting checklist for South Dakota employers
A simple order of work, based on the rules above. It is not a legal checklist.
- Collect the employee's Form W-4 details on day one.
- Report to the state shown above before the deadline.
- Include every required data field, including any state extras.
- Report rehires and, where required, independent contractors.
- Multistate employers: pick one state and register with HHS, or report to each state.
- Keep a copy or confirmation of each report.
More South Dakota employment law guides
- All South Dakota employment laws
- South Dakota final paycheck law
- South Dakota paid sick leave law
- South Dakota meal and rest break laws
- South Dakota overtime law
- South Dakota pay frequency law
- South Dakota vacation and PTO payout law
- South Dakota at-will exceptions
New hire reporting laws in other states
See every state on one page, or pick a state:
- Alabama
- Alaska
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- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
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- Kentucky
- Louisiana
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- Mississippi
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- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Sources
All official government sources, last checked October 19, 2026.
- https://dlr.sd.gov/ra/new_hire_reporting/reporting_requirements.aspx
- https://dlr.sd.gov/ra/new_hire_reporting/how_to_report.aspx
- https://dlr.sd.gov/ra/new_hire_reporting/faq.aspx
- https://dlr.sd.gov/ra/new_hire_reporting/laws_rules.aspx
- https://dlr.sd.gov/ra/new_hire_reporting/default.aspx
- https://www.ssa.gov/OP_Home/ssact/title04/0453A.htm
Disclaimer: This guide provides general information based on publicly available official sources and is for information only. It is not legal, tax, payroll or employment-law advice and does not guarantee compliance with federal, state or local requirements. Rules can depend on your location, industry, contracts and other circumstances, and laws change. Always check the official source, the relevant government agency or a qualified professional before making a decision. MadyHR.ai accepts no responsibility for any action taken based on this page.
Last checked: . Every rule and source link on this page was checked against the official government source on this date. Laws change, so always open the source link before you act.