The SDRA office also created an Reemployment Assistance FAQ document for businesses that has been adopted by SD DLR. Click here for the FAQ on COVID-19 and Reemployment Assistance (Unemployment Insurance): Guidance for Businesses
ALCOHOL DELIVERIES
Q1: I operate a grocery store and am delivering grocery orders to customers. I have an off-sale alcohol license. Can I deliver alcohol with the grocery purchases?
Q2: I operate a restaurant and am currently offering pickup and delivery service. Can I sell alcohol to customers as part of their to-go order?
A: South Dakota alcoholic beverage licensees may only sell alcohol according to the type of license that they hold.
In order for an off-sale business to deliver alcohol to customers, they must also have an off-sale delivery license (codified law 35-4-74 and 35-4-127). If you have an off-sale delivery license, the law stipulates that customers must come into the establishment to place the order for alcohol to be delivered, with a minimum purchase of $150 of alcoholic beverages. Delivery can only be made within the city limits where the license is held. To apply for an off-sale delivery license, you would need to start by contacting your city finance officer.
Q: Some states are loosening their alcohol laws and regulations during the COVID-19 pandemic, and are allowing on-sale establishments to sell alcohol “to go” even though the establishment does not have an off-sale license. Is South Dakota loosening the restrictions? In order to use up my remaining alcohol inventory, can I mix cocktails and place them in sealed containers for people to take home to drink?
A: In South Dakota, state alcohol laws fall under the Department of Revenue (DOR). DOR does not believe it has the authority under current law to loosen existing alcoholic beverage laws, so it would require legislative action to change that. While other states have made some modifications to their alcoholic beverage laws in conjunction with covid-19, DOR continues to advise licensees they only have the privileges granted to them by their license.
In general, that means:
In order to sell growlers, an establishment would need to be licensed in one of these ways:
COVID-19 NOTICE
Q: Do I have to post a notice about the Families First Coronavirus Act (FFCRA)? Do I have to provide that notice to employees who are working remotely, or to new employees?
A: The Families First Coronavirus Response Act (FFCRA) requires most employers to post a notice for their employees regarding FFCRA requirements. The notice must be posted in a conspicuous place on the premises. An employer may satisfy this requirement by emailing or direct mailing the notice to employees or posting the notice on an employee information internal or external website. If you hire a job applicant, you must convey this notice to them.
Q: I heard from another business owner in my community that they were contacted by phone and told that they operate an essential business and they should order a certificate to verify that. Who do I contact with the State of South Dakota to be classified as essential and to obtain a certificate?
A: The State of South Dakota is not determining essential or non-essential businesses, and is not issuing certificates. If you receive one of those calls, just hang up; don’t give them any information about your business and don’t provide any credit card or bank account information.
EMPLOYEE HEALTH
Q: I had an employee test positive for COVID-19, what steps do I take?
Click here for SDRA compiled guidance on steps to take if you have an employee test positive for COVID-19.
Contact Tracing Employees Exposed to COVID-19
Q: Can the coronavirus live on surfaces?
A: (From Sanford Health) Studying how long a virus lives on any given surface is the beauty of science, according to Sanford Health chief medical officer Allison Suttle, M.D. “What researchers have been able to determine is that the infectivity goes away very quickly,” Dr. Suttle said. “When you’re walking through a grocery store and touching things, the likelihood of getting COVID is now significantly less. Before, we just didn’t know that information.”
Q: Can an employer take the body temperature of employees during the Covid-19 pandemic?
A: Generally, measuring an employee’s body temperature is a medical examination. acknowledged community spread of Covid-19 and issued attendant precautions, employers may measure employees' body temperature. However, employers should be aware that some people with Covid-19 do not have a fever.
Q: If an employee stays home due to Covid-19, does the ADA allow employers to require doctors’ notes certifying their fitness for work duty?
A: Yes. Such inquiries are permitted under the ADA either because they would not be disability-related or, if the pandemic influenza were truly severe, they would be justified under the ADA standards for disability-related inquiries of employees. As a practical matter, however, doctors and other health care professionals may be too busy during and immediately after a pandemic outbreak to provide fitness-for-duty documentation. Therefore, new approaches may be necessary, such as reliance on local clinics to provide a form, a stamp, or an e-mail to certify that an individual does not have the pandemic virus.
Q: What can an employer do if an employee is showing symptoms of Covid-19?
A: The employer may ask if the employee is suffering influenza-like symptoms such as fever, cough and chills. An employer may send an employee home if the employee displays influenza-like symptoms. An employer may and should encourage employees to telework if that’s possible. An employer may and should require infection control practices such as regular hand washing, coughing and sneezing etiquette, etc.
Q: Can an employer force an employee to go home if they believe they may be sick; for example, if an employee has the sniffles?
A: Yes, sick employees should be separated from the workforce immediately. Under the guidance of the CDC, employees who appear to have acute respiratory illness symptoms upon arrival to work or who become sick during their workday should be separated from other employees and be sent home immediately.
Q: What should an employer do if an employee is diagnosed with COVID-19 after being in your place of employment?
A: The CDC recommends that employees who have been diagnosed with COVID-19 or who have had close contact with an individual confirmed to have COVID-19 should notify Human Resources and be out of the workplace for at least 14 days. Click here for more information.
Q: Should employees in retail food and food production settings wear face coverings to prevent exposure to COVID-19?
A: On April 3, the CDC released an updated recommendation regarding the use of cloth face coverings to help slow the spread of COVID-19. CDC recommends the use of simple cloth face coverings as a voluntary public health measure in public settings where other social distancing measures are difficult to maintain (e.g., grocery stores and pharmacies).
For workers in retail settings, in food production, processing, and on farms who do not typically wear masks as part of their jobs, consider the following if you choose to use a cloth face covering to slow the spread of COVID-19:
For answers to more questions, visit the FDA website here.
Q: How and when should workers in food service and retail food store settings wear gloves during a pandemic?
A: The Food and Drug Administration’s (FDA’s) Food Code recommendations for hand washing and glove use in food service and retail food stores have not changed as a result of the pandemic. (Food Code 2017 Section 2-301.11).
Per the FDA Food Code: with limited exceptions, employees may not contact exposed, ready-to-eat foods with their bare hands and shall use suitable utensils such as deli tissue, spatulas, tongs, single use-gloves, or dispensing equipment (Food Code 2017 Section 3-301.11). Gloves are not a substitute for hand washing or hand hygiene.
If your task requires direct contact with ready-to-eat food, wash your hands and the exposed portions of your arms for 20 seconds prior to donning gloves and before touching food or food-contact surfaces. Wash your hands immediately after removing gloves.
For answers to more questions, visit the FDA website here.
EMPLOYEE TRAVEL
Q: We have an employee who plans to travel out of state in the next week. If she does go, she will have to be quarantined at home and not be able to come in to work. As an employer, can we prevent her from going?
A: As an employer, you may not prevent an employee from traveling domestically or internationally. Employers need to advise employees before traveling to take certain steps, such as checking themselves for symptoms of acute respiratory illness before stating to travel. Employees should also notify their employer and stay at home if they are sick.
If the employee does travel out of state, the employer may require the employee to be self-quarantined at home if the individual has COVID-19 or symptoms of it. Symptoms of COVID-19 may include: a fever, chills, cough, shortness of breath, or sore throat. Employers are also allowed to measure employees’ body temperature as a precaution. However, it should be noted that some people with COVID-19 do not have fevers. An employer may require employees to obtain and present certification from the employee’s health care provider that the employee is able to resume work. Employers must notify the employees in advance if a fitness for duty certification is required.
CHILD LABOR
Q: I have a 15-year old employee who usually works for a limited number of hours after school and on weekends in compliance with restrictions in the child labor laws. Since schools are closed for the remainder of this school year, does that change the number of hours the employee can work per day and per week?
A: The federal child labor laws provide that 14- and 15-year old workers may work no more than:
A school day is any day during which the local public school district holds classes during any part of the day, and a school week is any week during which the local public school district holds classes during any part of that week. It doesn’t have to be a full day or full week of classes to be considered a school day or a school week.
If there are no classes during a week then the 8 hours / 40 hours provisions would apply. If the school is closed but distance learning is provided, then school would likely be considered to be in session.
The hours during which a 14- or 15-year old employee could work remains unchanged: between the hours of 7 a.m. and 7 p.m. except between June 1 and Labor Day when the evening hour is extended to 9 p.m.
For more information on federal child labor laws, visit https://www.youthrules.gov/
LOCAL ORDINANCES
Q: My municipality (or county) has adopted an ordinance that places restrictions on local businesses in conjunction with the COVID-19 pandemic. I’m not sure if the ordinance requires me to close my business or change how I operate the business. How do I know how my business is impacted, and who can I contact for more information? How does the local ordinance fit with state-issued requirements?
A: If the municipality or county in which your business operates has enacted an ordinance that restricts business operations in conjunction with the COVID-19 pandemic, then businesses in that jurisdiction must abide by the ordinance. After reading the ordinance carefully, if you still have questions about whether and how it impacts your business, contact the local governing entity that enacted the ordinance for more information or clarification.
Governor Noem issued an Executive Order on April 6,2020 in conjunction with the COVID-19 pandemic that provided a list of what shall be done by employers, enclosed retail businesses that promote public gatherings, healthcare organizations, and local and municipal governments. The Executive Order did not mandate business closures on a statewide basis, but directed businesses to follow certain standards in line with CDC guidance.
PAID LEAVE
Q: When do emergency paid sick leave and the expanded Family and Medical Leave Act (FMLA) go into effect?
A: Emergency paid sick leave and expanded FMLA leave provisions are and apply to leave taken between April 1, 2020 and December 31, 2020.
RESTAURANT SALES OF UNCOOKED MEAT TO CUSTOMERS
Q1: I am planning to close my restaurant and have meat in the cooler that I won’t be able to use up before closing. Can I package that uncooked meat and sell it to consumers?
Q2: have closed the dining facilities in my restaurant and am offering carry-out or delivery only. At this time, I am not planning to close. Can I sell uncooked meat products to my customers to help deplete my inventory and help get food out to my customers.
The South Dakota Animal Industry Board says:
If the meat products have been removed from the packaging and labeling, the meat product needs to be repackaged using sanitary conditions and must be relabeled with the label requirements listed below:
If the meat products have not been removed from the original packaging and labeling, no further steps need to be taken for the product to be sold to consumers.
If the meat products have not been removed from the original packaging but the packages are not individually labeled, a label must be applied. The label can be a duplicate of the bulk container but without the USDA or state mark of inspection.
IMPORTANT NOTE from the Animal Industry Board: This allowance would only apply to meat products already on hand. Any further intent to sell raw meat products will require a retail meat license from the South Dakota Animal Industry Board.
RESTAURANT SALES OF UNPREPARED FOOD TO CUSTOMERS
Q: I operate a restaurant. Some customers who are picking up orders would like to use the restaurant almost like a grocery store, to purchase produce, bread, milk, dry pasta, and other items that haven’t been cooked or baked by the restaurant. Can a restaurant sell unprepared food to customers?
A: The South Dakota Department of Health says that is allowable. Their “COVID-19 Guidance for Food and Beverage Establishments in South Dakota” says, in part:
In compliance with Governor Noem’s Executive Order 2020-007, any bar, restaurant, brewery, cafe, coffee shop, or similar venue within South Dakota should suspend or modify gatherings of 10 or more people to be in an enclosed space where physical separation of at least six feet is not possible. Offer business models that do not involve public gatherings in an enclosed space.
OPERATIONS: Offer prepared foods through takeout, delivery, drive-through, curb side service, off-sale services or other innovative business models that do not involve public gatherings. Offer unprepared, wholesale food products from approved suppliers. These products* may be repackaged for retail sale by following temporary FDA labeling guidance found here.
For tax guidance on repackaged food, click here to see the Sales for Resale section on page 2 of the South Dakota Department of Revenue Tax Facts for Bars and Restaurants.
*Note: As explained in the previous question, repackaging or selling of raw meat products is limited ONLY to inventory on hand and may require specific labeling. Contact the South Dakota Animal Industry Board at (605) 773-3321 for further guidance.
SERVSAFE CERTIFICATION
Note: Please visit our ServSafe page for the latest class updates.
Q: If I take the online ServSafe Foodservice Manager course, does the exam still require a proctor?
A: Yes, a proctor is required for all ServSafe Foodservice Manager Exams. (A proctor is not required for people taking ServSafe Alcohol, Food Handler or Allergens exams.)
Q: Is there a way to proctor the exam without being in the same room, such as via Skype?
A: Unfortunately, the answer is no. The proctor must be present but can still maintain social distancing.
Q: If a certificate is expiring and classes are canceled, are the expiration dates on certificates being extended?
A: You would need to contact the South Dakota Department of Health to request an extension. Call 605-773-4945.
UNEMPLOYMENT INSURANCE
Click here for the full FAQ on COVID-19 and Reemployment Assistance (Unemployment Insurance): Guidance for Businesses
Q: If I lay off employees, how much can they expect to receive in unemployment benefits?
A: As a rule of thumb, South Dakota unemployment benefits generally equal approximately 50% of an employee’s average weekly earnings. State law provides that the maximum amount a person may receive is $414 per week in benefits; the minimum is $28 weekly, but it would be rare for a person to receive that minimum amount.
Individuals receiving unemployment benefits in conjunction with COVID-19 may be eligible for an additional $600 per week in their benefits under the federal CARES Act. Information about this will be available from DLR at the appropriate time as individuals work with the Reemployment Assistance/Unemployment Insurance system.
Q: If I lay off employees, how much can they expect to receive in unemployment benefits?
A: As a rule of thumb, South Dakota unemployment benefits generally equal approximately 50% of an employee’s average weekly earnings. State law provides that the maximum amount a person may receive is $414 per week in benefits; the minimum is $28 weekly, but it would be rare for a person to receive that minimum amount.
Individuals receiving unemployment benefits in conjunction with COVID-19 may be eligible for an additional $600 per week in their benefits under the federal CARES Act. Information about this will be available from DLR at the appropriate time as individuals work with the Reemployment Assistance/Unemployment Insurance system.
Q: I temporarily laid off employees due to the COVID-19 pandemic. I am planning to call the laid-off employees back to work. If an employee refuses to come back to work, would they be eligible to continue receiving unemployment benefits?
A: The South Dakota Department of Labor and Regulation says unemployment claimants who have been placed on a temporary layoff related to COVID-19 must return to work if called back to remain eligible for benefits.
Not returning to work when there is available work could be considered a “refusal of work” and potentially disqualify claimants from receiving reemployment assistance (unemployment insurance) benefits.
If an employer calls an employee back to work but the individual refuses and continues receiving unemployment benefits, the business should report it to [email protected].
Q1: I operate a grocery store and am delivering grocery orders to customers. I have an off-sale alcohol license. Can I deliver alcohol with the grocery purchases?
Q2: I operate a restaurant and am currently offering pickup and delivery service. Can I sell alcohol to customers as part of their to-go order?
A: South Dakota alcoholic beverage licensees may only sell alcohol according to the type of license that they hold.
- If you only have an on-sale license, you may only sell alcohol for consumption on the premises. It would be illegal to sell alcohol to customers for them to take with them.
- If you have an off-sale license, you may sell alcohol to customers to take with them, unopened.
In order for an off-sale business to deliver alcohol to customers, they must also have an off-sale delivery license (codified law 35-4-74 and 35-4-127). If you have an off-sale delivery license, the law stipulates that customers must come into the establishment to place the order for alcohol to be delivered, with a minimum purchase of $150 of alcoholic beverages. Delivery can only be made within the city limits where the license is held. To apply for an off-sale delivery license, you would need to start by contacting your city finance officer.
Q: Some states are loosening their alcohol laws and regulations during the COVID-19 pandemic, and are allowing on-sale establishments to sell alcohol “to go” even though the establishment does not have an off-sale license. Is South Dakota loosening the restrictions? In order to use up my remaining alcohol inventory, can I mix cocktails and place them in sealed containers for people to take home to drink?
A: In South Dakota, state alcohol laws fall under the Department of Revenue (DOR). DOR does not believe it has the authority under current law to loosen existing alcoholic beverage laws, so it would require legislative action to change that. While other states have made some modifications to their alcoholic beverage laws in conjunction with covid-19, DOR continues to advise licensees they only have the privileges granted to them by their license.
In general, that means:
- If you only have an on-sale license, you cannot sell alcohol to go for consumption off the licensed premises.
- If you have a license that allows off-sale alcohol sales, you can sell the products authorized by your license for consumption off the licensed premises.
- You cannot send customers out the door with a “to-go“ spirit drink such as a margarita or a bloody Mary because there is a specific statute prohibiting consumption of distilled spirits in public (SDCL 35-1-5.3). HOWEVER, there is not a similar statute regarding malt beverages so DOR has advised establishments that if you have a license that allows both on- and off-sale of malt beverages you can fill growlers full of malt beverages to be consumed off the licensed premises.
In order to sell growlers, an establishment would need to be licensed in one of these ways:
- an on/off sale malt beverage and wine produced by a farm winery license; or
- both an on-sale liquor license and an off-sale liquor license; or
- a microbrewery license
COVID-19 NOTICE
Q: Do I have to post a notice about the Families First Coronavirus Act (FFCRA)? Do I have to provide that notice to employees who are working remotely, or to new employees?
A: The Families First Coronavirus Response Act (FFCRA) requires most employers to post a notice for their employees regarding FFCRA requirements. The notice must be posted in a conspicuous place on the premises. An employer may satisfy this requirement by emailing or direct mailing the notice to employees or posting the notice on an employee information internal or external website. If you hire a job applicant, you must convey this notice to them.
- The notices are available at this link: https://www.dol.gov/agencies/whd/pandemic
- Notice questions and answers are available here: https://www.dol.gov/agencies/whd/pandemic/ffcra-poster-questions
Q: I heard from another business owner in my community that they were contacted by phone and told that they operate an essential business and they should order a certificate to verify that. Who do I contact with the State of South Dakota to be classified as essential and to obtain a certificate?
A: The State of South Dakota is not determining essential or non-essential businesses, and is not issuing certificates. If you receive one of those calls, just hang up; don’t give them any information about your business and don’t provide any credit card or bank account information.
EMPLOYEE HEALTH
Q: I had an employee test positive for COVID-19, what steps do I take?
Click here for SDRA compiled guidance on steps to take if you have an employee test positive for COVID-19.
Contact Tracing Employees Exposed to COVID-19
- Contact trace within your operation to determine potential exposure. You may ask an employee that tested positive for COVID-19 which coworkers he/she had been in “close contact” with in the prior 2 weeks (definition within 6 feet for more than 15 minutes) or check shift schedules.
- In accordance with state and local laws, restaurant operators should notify local health officials and staff of any case of COVID-19 among employees, while maintaining confidentiality in accordance with the Americans with Disabilities Act (ADA).
- Advise those who have had close contact with a person diagnosed with COVID-19 to stay home and self-monitor for symptoms, and follow CDC guidance if symptoms develop. As critical infrastructure, you may also allow COVID-19 exposed employees with no symptoms to return to work with the precautions outlined above, also found in the CDC Guidance for Critical Infrastructure Workers.
- Close off areas used by a sick person and do not use these areas until after cleaning and disinfecting them.
- Wait at least 24 hours before cleaning and disinfecting. If 24 hours is not feasible, wait as long as possible. Ensure safe and correct use and storage of cleaning and disinfection products.
Q: Can the coronavirus live on surfaces?
A: (From Sanford Health) Studying how long a virus lives on any given surface is the beauty of science, according to Sanford Health chief medical officer Allison Suttle, M.D. “What researchers have been able to determine is that the infectivity goes away very quickly,” Dr. Suttle said. “When you’re walking through a grocery store and touching things, the likelihood of getting COVID is now significantly less. Before, we just didn’t know that information.”
Q: Can an employer take the body temperature of employees during the Covid-19 pandemic?
A: Generally, measuring an employee’s body temperature is a medical examination. acknowledged community spread of Covid-19 and issued attendant precautions, employers may measure employees' body temperature. However, employers should be aware that some people with Covid-19 do not have a fever.
Q: If an employee stays home due to Covid-19, does the ADA allow employers to require doctors’ notes certifying their fitness for work duty?
A: Yes. Such inquiries are permitted under the ADA either because they would not be disability-related or, if the pandemic influenza were truly severe, they would be justified under the ADA standards for disability-related inquiries of employees. As a practical matter, however, doctors and other health care professionals may be too busy during and immediately after a pandemic outbreak to provide fitness-for-duty documentation. Therefore, new approaches may be necessary, such as reliance on local clinics to provide a form, a stamp, or an e-mail to certify that an individual does not have the pandemic virus.
Q: What can an employer do if an employee is showing symptoms of Covid-19?
A: The employer may ask if the employee is suffering influenza-like symptoms such as fever, cough and chills. An employer may send an employee home if the employee displays influenza-like symptoms. An employer may and should encourage employees to telework if that’s possible. An employer may and should require infection control practices such as regular hand washing, coughing and sneezing etiquette, etc.
Q: Can an employer force an employee to go home if they believe they may be sick; for example, if an employee has the sniffles?
A: Yes, sick employees should be separated from the workforce immediately. Under the guidance of the CDC, employees who appear to have acute respiratory illness symptoms upon arrival to work or who become sick during their workday should be separated from other employees and be sent home immediately.
Q: What should an employer do if an employee is diagnosed with COVID-19 after being in your place of employment?
A: The CDC recommends that employees who have been diagnosed with COVID-19 or who have had close contact with an individual confirmed to have COVID-19 should notify Human Resources and be out of the workplace for at least 14 days. Click here for more information.
Q: Should employees in retail food and food production settings wear face coverings to prevent exposure to COVID-19?
A: On April 3, the CDC released an updated recommendation regarding the use of cloth face coverings to help slow the spread of COVID-19. CDC recommends the use of simple cloth face coverings as a voluntary public health measure in public settings where other social distancing measures are difficult to maintain (e.g., grocery stores and pharmacies).
For workers in retail settings, in food production, processing, and on farms who do not typically wear masks as part of their jobs, consider the following if you choose to use a cloth face covering to slow the spread of COVID-19:
- Maintain face coverings in accordance with parameters in FDA’s Model Food Code sections 4-801.11 Clean Linens and 4.802.11 Specifications.
- Launder reusable face coverings before each daily use.
- CDC also has additional information on the use of face coverings, including washing instructions and information on how to make homemade face covers.
For answers to more questions, visit the FDA website here.
Q: How and when should workers in food service and retail food store settings wear gloves during a pandemic?
A: The Food and Drug Administration’s (FDA’s) Food Code recommendations for hand washing and glove use in food service and retail food stores have not changed as a result of the pandemic. (Food Code 2017 Section 2-301.11).
Per the FDA Food Code: with limited exceptions, employees may not contact exposed, ready-to-eat foods with their bare hands and shall use suitable utensils such as deli tissue, spatulas, tongs, single use-gloves, or dispensing equipment (Food Code 2017 Section 3-301.11). Gloves are not a substitute for hand washing or hand hygiene.
If your task requires direct contact with ready-to-eat food, wash your hands and the exposed portions of your arms for 20 seconds prior to donning gloves and before touching food or food-contact surfaces. Wash your hands immediately after removing gloves.
For answers to more questions, visit the FDA website here.
EMPLOYEE TRAVEL
Q: We have an employee who plans to travel out of state in the next week. If she does go, she will have to be quarantined at home and not be able to come in to work. As an employer, can we prevent her from going?
A: As an employer, you may not prevent an employee from traveling domestically or internationally. Employers need to advise employees before traveling to take certain steps, such as checking themselves for symptoms of acute respiratory illness before stating to travel. Employees should also notify their employer and stay at home if they are sick.
If the employee does travel out of state, the employer may require the employee to be self-quarantined at home if the individual has COVID-19 or symptoms of it. Symptoms of COVID-19 may include: a fever, chills, cough, shortness of breath, or sore throat. Employers are also allowed to measure employees’ body temperature as a precaution. However, it should be noted that some people with COVID-19 do not have fevers. An employer may require employees to obtain and present certification from the employee’s health care provider that the employee is able to resume work. Employers must notify the employees in advance if a fitness for duty certification is required.
CHILD LABOR
Q: I have a 15-year old employee who usually works for a limited number of hours after school and on weekends in compliance with restrictions in the child labor laws. Since schools are closed for the remainder of this school year, does that change the number of hours the employee can work per day and per week?
A: The federal child labor laws provide that 14- and 15-year old workers may work no more than:
- 3 hours on a school day
- 8 hours on a non-school day
- 18 hours during a week when school is in session
- 40 hours during a week when school is not in session
A school day is any day during which the local public school district holds classes during any part of the day, and a school week is any week during which the local public school district holds classes during any part of that week. It doesn’t have to be a full day or full week of classes to be considered a school day or a school week.
If there are no classes during a week then the 8 hours / 40 hours provisions would apply. If the school is closed but distance learning is provided, then school would likely be considered to be in session.
The hours during which a 14- or 15-year old employee could work remains unchanged: between the hours of 7 a.m. and 7 p.m. except between June 1 and Labor Day when the evening hour is extended to 9 p.m.
For more information on federal child labor laws, visit https://www.youthrules.gov/
LOCAL ORDINANCES
Q: My municipality (or county) has adopted an ordinance that places restrictions on local businesses in conjunction with the COVID-19 pandemic. I’m not sure if the ordinance requires me to close my business or change how I operate the business. How do I know how my business is impacted, and who can I contact for more information? How does the local ordinance fit with state-issued requirements?
A: If the municipality or county in which your business operates has enacted an ordinance that restricts business operations in conjunction with the COVID-19 pandemic, then businesses in that jurisdiction must abide by the ordinance. After reading the ordinance carefully, if you still have questions about whether and how it impacts your business, contact the local governing entity that enacted the ordinance for more information or clarification.
Governor Noem issued an Executive Order on April 6,2020 in conjunction with the COVID-19 pandemic that provided a list of what shall be done by employers, enclosed retail businesses that promote public gatherings, healthcare organizations, and local and municipal governments. The Executive Order did not mandate business closures on a statewide basis, but directed businesses to follow certain standards in line with CDC guidance.
PAID LEAVE
Q: When do emergency paid sick leave and the expanded Family and Medical Leave Act (FMLA) go into effect?
A: Emergency paid sick leave and expanded FMLA leave provisions are and apply to leave taken between April 1, 2020 and December 31, 2020.
RESTAURANT SALES OF UNCOOKED MEAT TO CUSTOMERS
Q1: I am planning to close my restaurant and have meat in the cooler that I won’t be able to use up before closing. Can I package that uncooked meat and sell it to consumers?
Q2: have closed the dining facilities in my restaurant and am offering carry-out or delivery only. At this time, I am not planning to close. Can I sell uncooked meat products to my customers to help deplete my inventory and help get food out to my customers.
The South Dakota Animal Industry Board says:
If the meat products have been removed from the packaging and labeling, the meat product needs to be repackaged using sanitary conditions and must be relabeled with the label requirements listed below:
- Product Name
- Name and place of business; address line
- Net Quantity;
- Handling statement; “Keep Refrigerated” or Keep Frozen”
- Safe Handling Instructions (Raw and not fully cooked meat products only)
- Ingredient Statement for multi ingredient products (if applicable)
If the meat products have not been removed from the original packaging and labeling, no further steps need to be taken for the product to be sold to consumers.
If the meat products have not been removed from the original packaging but the packages are not individually labeled, a label must be applied. The label can be a duplicate of the bulk container but without the USDA or state mark of inspection.
IMPORTANT NOTE from the Animal Industry Board: This allowance would only apply to meat products already on hand. Any further intent to sell raw meat products will require a retail meat license from the South Dakota Animal Industry Board.
RESTAURANT SALES OF UNPREPARED FOOD TO CUSTOMERS
Q: I operate a restaurant. Some customers who are picking up orders would like to use the restaurant almost like a grocery store, to purchase produce, bread, milk, dry pasta, and other items that haven’t been cooked or baked by the restaurant. Can a restaurant sell unprepared food to customers?
A: The South Dakota Department of Health says that is allowable. Their “COVID-19 Guidance for Food and Beverage Establishments in South Dakota” says, in part:
In compliance with Governor Noem’s Executive Order 2020-007, any bar, restaurant, brewery, cafe, coffee shop, or similar venue within South Dakota should suspend or modify gatherings of 10 or more people to be in an enclosed space where physical separation of at least six feet is not possible. Offer business models that do not involve public gatherings in an enclosed space.
OPERATIONS: Offer prepared foods through takeout, delivery, drive-through, curb side service, off-sale services or other innovative business models that do not involve public gatherings. Offer unprepared, wholesale food products from approved suppliers. These products* may be repackaged for retail sale by following temporary FDA labeling guidance found here.
For tax guidance on repackaged food, click here to see the Sales for Resale section on page 2 of the South Dakota Department of Revenue Tax Facts for Bars and Restaurants.
*Note: As explained in the previous question, repackaging or selling of raw meat products is limited ONLY to inventory on hand and may require specific labeling. Contact the South Dakota Animal Industry Board at (605) 773-3321 for further guidance.
SERVSAFE CERTIFICATION
Note: Please visit our ServSafe page for the latest class updates.
Q: If I take the online ServSafe Foodservice Manager course, does the exam still require a proctor?
A: Yes, a proctor is required for all ServSafe Foodservice Manager Exams. (A proctor is not required for people taking ServSafe Alcohol, Food Handler or Allergens exams.)
Q: Is there a way to proctor the exam without being in the same room, such as via Skype?
A: Unfortunately, the answer is no. The proctor must be present but can still maintain social distancing.
Q: If a certificate is expiring and classes are canceled, are the expiration dates on certificates being extended?
A: You would need to contact the South Dakota Department of Health to request an extension. Call 605-773-4945.
UNEMPLOYMENT INSURANCE
Click here for the full FAQ on COVID-19 and Reemployment Assistance (Unemployment Insurance): Guidance for Businesses
Q: If I lay off employees, how much can they expect to receive in unemployment benefits?
A: As a rule of thumb, South Dakota unemployment benefits generally equal approximately 50% of an employee’s average weekly earnings. State law provides that the maximum amount a person may receive is $414 per week in benefits; the minimum is $28 weekly, but it would be rare for a person to receive that minimum amount.
Individuals receiving unemployment benefits in conjunction with COVID-19 may be eligible for an additional $600 per week in their benefits under the federal CARES Act. Information about this will be available from DLR at the appropriate time as individuals work with the Reemployment Assistance/Unemployment Insurance system.
Q: If I lay off employees, how much can they expect to receive in unemployment benefits?
A: As a rule of thumb, South Dakota unemployment benefits generally equal approximately 50% of an employee’s average weekly earnings. State law provides that the maximum amount a person may receive is $414 per week in benefits; the minimum is $28 weekly, but it would be rare for a person to receive that minimum amount.
Individuals receiving unemployment benefits in conjunction with COVID-19 may be eligible for an additional $600 per week in their benefits under the federal CARES Act. Information about this will be available from DLR at the appropriate time as individuals work with the Reemployment Assistance/Unemployment Insurance system.
Q: I temporarily laid off employees due to the COVID-19 pandemic. I am planning to call the laid-off employees back to work. If an employee refuses to come back to work, would they be eligible to continue receiving unemployment benefits?
A: The South Dakota Department of Labor and Regulation says unemployment claimants who have been placed on a temporary layoff related to COVID-19 must return to work if called back to remain eligible for benefits.
Not returning to work when there is available work could be considered a “refusal of work” and potentially disqualify claimants from receiving reemployment assistance (unemployment insurance) benefits.
If an employer calls an employee back to work but the individual refuses and continues receiving unemployment benefits, the business should report it to [email protected].
