Miss your New Hire Reporting deadline and South Dakota's Department of Labor & Regulation can assess penalties on your restaurant — plus your employees lose access to critical wage claim protections and unemployment insurance coordination. New Hire Reporting (also called quarterly wage reporting or new employee notification) is a South Dakota state requirement administered by the Department of Labor & Regulation. Key facts:
Analyzed from New Hire Reporting
82% from one compliance interview
Manual entry or document upload required
Every employer in Aberdeen — including restaurant owners — is required to report newly hired and rehired employees to the South Dakota Department of Labor and Regulation (DLR) under South Dakota Codified Law § 25-7A-56, which implements the federal Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996. The law requires employers to submit a report within 20 days of a new hire's start date, using the employee's W-4 or an equivalent state form. This reporting feeds directly into the National Directory of New Hires, which is used to enforce child support orders and detect unemployment insurance fraud. The South Dakota DLR cross-references these submissions against active benefit claims — meaning a missing or late report from your Aberdeen restaurant can trigger audits that go well beyond the new hire itself.
Failing to comply with South Dakota's new hire reporting requirement carries real operational consequences. The state is authorized to assess penalties for late or missed filings, and patterns of non-compliance can escalate to formal enforcement action. Beyond the direct penalties, non-compliance creates downstream risk across your business:
Legal code: State unemployment insurance act, employer registration requirements
Recent update: As of 2025, the South Dakota DLR continues to accept new hire reports via its online employer portal, by mail, or by fax — but employers with 25 or more employees in a calendar quarter who submit reports magnetically or electronically must report in two batches per month (not more than 16 days apart), per federal multistate employer rules; contact the DLR at dol.sd.gov to confirm current submission options and any fee or format changes before your next hire cycle. Not legal advice.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Any full-service restaurant that hires employees — including part-time, seasonal, or tipped staff — must report each new hire to the South Dakota Department of Labor and Regulation within 20 days of the first day of work, as required under S.D. Codified Laws § 25-7A-56. |
| Bar / Nightclub | Required | Bars and nightclubs that employ bartenders, servers, security, or any W-2 wage earner must submit new hire reports to the SD Department of Labor and Regulation within 20 days of hire, per S.D. Codified Laws § 25-7A-56, which applies to all South Dakota employers without an industry exemption. |
| Food Truck | Required | Food truck operators registered as employers in South Dakota are subject to the same new hire reporting requirement under S.D. Codified Laws § 25-7A-56 regardless of vehicle-based operations; the obligation is triggered by the employer-employee relationship, not the physical business location. |
| Coffee Shop / Café | Required | Coffee shops and cafés that place any worker on payroll — including baristas hired for peak-season coverage — must file a new hire report within 20 days under S.D. Codified Laws § 25-7A-56; independent contractors paid via 1099 are excluded from this requirement. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Enter the full legal name of your business exactly as it appears on your IRS EIN assignment letter or state business registration — not your trade name or DBA.
COMMON MISTAKE: Entering a DBA or shortened trade name (e.g., 'Joe's Diner' instead of 'Aberdeen Restaurant Group LLC') causes a mismatch with state wage records and will delay processing.
Enter your 9-digit Federal Employer Identification Number in XX-XXXXXXX format, exactly as assigned by the IRS — this is the primary identifier South Dakota's Department of Social Services uses to match your report to your payroll account.
COMMON MISTAKE: Entering a state tax ID, a Social Security Number, or omitting the hyphen (e.g., '123456789' instead of '12-3456789') are the most frequent formatting errors and will cause the report to be rejected or misrouted.
Enter the physical or mailing address where your business receives official correspondence — include street number, street name, city, state abbreviation (SD), and ZIP code.
COMMON MISTAKE: Using a personal home address or a P.O. Box when a physical address is required can flag the record for manual review; confirm which address type South Dakota DSS accepts for your account before submitting.
Enter the 10-digit business phone number in (XXX) XXX-XXXX or XXX-XXX-XXXX format where a DSS representative can reach you if there is a question about the report.
COMMON MISTAKE: Entering a personal cell phone or an extension-only number without the main line can prevent DSS from following up, potentially delaying resolution of any discrepancies.
Enter the employee's legal first name exactly as it appears on their Social Security card — do not use nicknames, initials, or preferred names.
COMMON MISTAKE: Entering a preferred or shortened name (e.g., 'Mike' instead of 'Michael') causes a mismatch when DSS cross-references the name against Social Security Administration records, which can trigger a manual review and delay child support enforcement processing.
Enter the employee's legal last name exactly as it appears on their Social Security card, including any hyphens or suffixes (e.g., 'Garcia-Lopez' or 'Smith Jr.').
COMMON MISTAKE: Omitting a hyphen in a hyphenated surname or dropping a generational suffix (Jr., III) creates a name-SSN mismatch that flags the report for manual correction.
Enter the employee's 9-digit Social Security Number in XXX-XX-XXXX format — this is the single most critical identifier for child support matching and wage verification under South Dakota Codified Law § 25-7A-56.
COMMON MISTAKE: Transposing digits, entering an ITIN (Individual Taxpayer Identification Number) instead of an SSN, or leaving this field blank are the top rejection causes for new hire reports; always verify directly from the employee's Social Security card, not from memory.
Enter the employee's date of birth in MM/DD/YYYY format (e.g., 03/15/1990) — this field is used alongside the SSN to confirm identity in the state's child support registry.
COMMON MISTAKE: Using a two-digit year (e.g., '03/15/90' instead of '03/15/1990') or reversing the month and day (DD/MM/YYYY) are common formatting errors that cause automated validation failures.
Enter the employee's current home address — street number, street name, city, state, and ZIP — as this is where DSS will direct any child support income withholding notices or correspondence.
COMMON MISTAKE: Entering your restaurant's business address instead of the employee's residential address is a frequent error that misdirects legal notices and can expose your business to liability for missed child support service.
Enter the employee's personal 10-digit phone number in (XXX) XXX-XXXX or XXX-XXX-XXXX format — DSS may use this to contact the employee directly in connection with child support enforcement.
COMMON MISTAKE: Entering the business phone number or leaving this field blank when the employee has provided a number delays DSS outreach and may result in a follow-up request to your business.
ApronPrep auto-fills 14 of 17 fields from a single compliance interview — no re-typing, no guessing what the government expects.
Many employers enter the offer acceptance date or the hire date on paperwork rather than the employee's actual first day physically on the job — South Dakota requires the date the employee first performed services for pay. For example, entering '2026-03-01' when the employee signed their offer letter but didn't show up until '2026-03-10' will trigger a mismatch with wage records during a child support audit. South Dakota law requires submission within 20 days of that first day of work, so an incorrect date can simultaneously make your filing look late and expose you to a $25-per-hire civil penalty under SDCL § 25-7A-56.
Aberdeen restaurant owners who operate under a franchise or management company frequently enter their local P.O. Box or suite address rather than the address on file with the IRS for their Employer Identification Number — these must match for the state to cross-reference records with federal databases. A concrete example: entering '123 Main St, Suite B, Aberdeen, SD' when the IRS has '123 Main Street, Aberdeen, SD 57401' on file can cause the record to fail automated matching, delaying child support income withholding orders and putting you out of compliance. Always pull your exact address from your IRS EIN confirmation letter (CP 575) before completing the form.
The Social Security Number (SSN) is the primary identifier used by South Dakota to match new hires to child support cases, and a transposed digit — such as entering '123-45-6789' instead of '132-45-6789' — will cause the record to be rejected entirely without a rejection notice sent back to the employer. Some Aberdeen employers skip the SSN field when a new hire hasn't yet received their card, but South Dakota does not allow a placeholder; you must wait until the employee provides their SSN and then submit within the 20-day window from their start date. If an employee is pending their SSN, document the date they provided it and file immediately — do not delay the full 20-day period.
ApronPrep auto-fills 14 of 17 fields from one compliance interview.
No credit card required
| City | Fee Range | Timeline |
|---|---|---|
| Aberdeen | ||
| Rapid City | ||
| Sioux Falls | Submission required within 20 days of hire |
Collect the new hire's full legal name, Social Security number, date of birth, and address before their first day of work. You'll also need your restaurant's federal Employer Identification Number (EIN) and South Dakota Employer Identification Number (if different). Have this information ready in a spreadsheet or document — most restaurants batch new hires together to file once per week or month, which reduces processing overhead.
Fill out South Dakota's New Hire Reporting form (also called the Employer Report of New Hire) with employee name, SSN, date of hire, and your restaurant's identifying information. The form requires 8 core data fields and takes most applicants 5–10 minutes per employee. ApronPrep auto-fills your restaurant EIN and contact details if you've completed your business profile — you only need to enter the employee's personal data manually.
File your completed form with South Dakota's Department of Labor & Regulation, which administers the New Hire Reporting program. You can submit online through the state's secure reporting portal (https://dol.sd.gov), by mail to the Department of Labor & Regulation office in Pierre, or by fax. Online submission is fastest — most restaurants use the state portal because it provides immediate confirmation of receipt and no postal delays.
Applications go to the South Dakota department of unemployment assistance. Local procedures and fees may vary — select your city below.
This is one of 13 requirements for opening a restaurant in South Dakota.
federal
local
federal
state
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsNew hire reporting in South Dakota is a real-time federal requirement — you must report new employees to the South Dakota Department of Labor & Regulation within 20 days of hire, per the federal Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA). Processing time varies depending on whether you submit electronically or by mail; electronic submission through the state's E-Verify system or the State Directory of New Hires is immediate upon submission. Contact the South Dakota Department of Labor & Regulation to confirm current submission methods and timelines for Aberdeen.
There are no government filing fees for new hire reporting in South Dakota — this is a federally mandated requirement with no state or local filing charges. However, if you use a third-party payroll service or HR provider to handle your reporting, those vendors may charge their own service fees (not government fees). Verify your reporting method with your payroll provider and the South Dakota Department of Labor & Regulation to confirm there are no applicable charges. Not legal advice — confirm current fee status with the South Dakota Department of Labor & Regulation.
New hire reporting is tied to your employer identification number (EIN) and state employer account, not to a specific location — so you do not 'transfer' the report itself. If you are opening a second restaurant location in Aberdeen, you will need to file a separate Application for Employer Identification Number and enroll with the South Dakota Department of Labor & Regulation for that location if you establish it as a separate legal entity. For new hires at any location under the same EIN, you continue reporting to the same state directory. Contact the South Dakota Department of Labor & Regulation to clarify your reporting obligations if you operate multiple locations.
New hire reporting is not a 'renewal' — it is an ongoing, real-time obligation. You must report each new employee within 20 days of their hire date, every time you hire someone, for as long as you operate your restaurant. There is no annual renewal form or expiration date; instead, you report as new employees are hired. Your E-Verify Enrollment or state directory account remains active as long as you maintain your business registration with the South Dakota Department of Labor & Regulation.
New hire reporting is not subject to a traditional inspection — it is a data-reporting requirement reviewed by the South Dakota Department of Labor & Regulation and the federal Office of Child Support Enforcement. Audits typically involve a desk review of your payroll and personnel records to verify that you reported all new hires within the 20-day window; if discrepancies are found, the state may issue a notice of violation or require corrective reporting. Failure to report new hires can result in penalties of up to $25 per day per employee, per federal guidelines. Contact the South Dakota Department of Labor & Regulation for details on their current audit procedures and penalty schedules.
This guide is generated from ApronPrep's compliance dossier system, which uses 53 parallel AI authority experts to discover requirements, then downloads actual forms and generates field-level intelligence for each one.
For South Dakota specifically, we have analyzed compliance dossiers for 3 cities (Aberdeen, Rapid City, Sioux Falls), generating Rich FILs (Form Intelligence Layers) with 17 form fields analyzed for this requirement. Fee data is sourced from actual county department fee schedules, not estimates.
Our data is verified against official government sources and updated when regulatory changes are detected. If you find an error, please report it — accuracy is our core commitment.
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