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Employment Contracts and Restrictive Covenants: South Dakota

Employment Contracts and Restrictive Covenants requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Gloria Ju


  • In South Dakota, an employment contract to render personal service cannot be enforced against an employee beyond two years. See Employment Contracts.
  • Employers in South Dakota may use noncompete, nonsolicitation and nondisclosure agreements, but must ensure that they comply with state law. See Restrictive Covenants.
  • South Dakota has adopted the Uniform Trade Secrets Act and enforces protection of proprietary information. See Trade Secrets.