STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

October 5, 1971

Robert T. Mullally
Director of Personnel
Department of Administration
Pierre, South Dakota

OFFICIAL OPINION NO. 71-41

Does SDCL 3-8-6 prohibit paying of wages other than by the month?

Dear Mr. Mullally:

You have asked the opinion of the Attorney General's office upon the following question:

Considerable thought is being given to changing our payroll system so that some employees of the State of South Dakota may be paid at an hourly rate, twice a month.

If we could change to this type of payment, a considerable amount of money would be saved the State of South Dakota in certain circumstances.

Would any pay period, other than one check per month, be in violation of SDCL 3-8-6 or any other provision of the South Dakota Compiled Laws?

SDCL 3-8-6 states:

The compensation and expenses of all officers and employees, payable out of the state treasury, shall be paid on or before the last day of each calendar month, but no officer or employee shall be paid in advance for any period of service.

It is my opinion that there is no prohibition in SDCL 3-8-6 against paying more often than once a month. I also can find no other section of the South Dakota Compiled Laws that would prohibit multiple payments. Two restrictions are self evident. The first is that no person may be paid in advance, and the second is that each person shall be paid by the end of the month.

Respectfully submitted,

Gordon Mydland
Attorney General