Q: Can my department make me pay back my earned wages.
I am a police officer in South Dakota, and I signed a 36-month employment contract with my department. The contract requires me to reimburse the department for wages earned while attending the police academy and during field training if I resign before completing the full 36 months of employment. Specifically:
The police academy itself is free to the department, meaning the reimbursement clause covers my wages earned during training, not any direct expenses paid by the department. If I resign within 24 months, I must repay 100% of my wages from the training period. If I resign between 24 and 36 months, I must repay 50%. I have concerns about the legality of this clause and would like guidance on the following:
Can an employer in South Dakota legally repay wages earned through work, especially if the employer incurred no cost for the training? Does this clause violate federal or South Dakota labor laws, such as wage-and-hour regulations or protection against unjust enrichment
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