Author: leahb

Northeast development park that’s nearly full starts on expansion

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A development park in northeast Sioux Falls that has filled up with new businesses this year is going to grow from 100 to nearly 280 acres.

Park VIII is located between Benson Road and 60th Street North, Interstate 229 and Sycamore Avenue. It dates back to the mid-2000s but initially was slow to gain traction, in part because of limited access. That’s changing.

“60th Street North now connects to Veterans Parkway, which also now connects to Interstate 90, so that’s been key,” said Dean Dziedzic, vice president of economic development for the Sioux Falls Development Foundation. “It already has easy access and visibility to Interstate 229, and now with our next phase, we’re building out Bahnson Avenue, which I think will mean the land will sell quickly. And it’s a supply-and-demand situation. We just do not see large nonrail sites on the market.”

To put the demand in perspective, of the 625 acres in the foundation’s inventory, 160 acres are shovel-ready. Of that, 100 acres sit along rail lines.

Businesses looking for nonrail, noncontiguous sites can look at smaller lots ranging from 2 to 18 acres – but that’s it. In Park VIII there currently are 16 acres available with a couple of deals in process for small parcels.

“As a community, we don’t have a lot in nonrail industrial sites, so the investment into Park VIII will bring roughly 180 acres of contiguous nonrail lots online,” said Mike Gray, the foundation’s director of business expansion and retention.

One reason for the expansion is the strong interest Park VIII has drawn within the past year.

B&F Fastener Supply, which is based in Minnesota and began its Sioux Falls office in 2008, moved into a new 26,000-square-foot building in Park VIII in July.

The family-owned business is an industrial supply wholesale distributor that specializes in fasteners but can provide many industrial-related products to Sioux Falls and the surrounding area.

“We started with zero customers here. We literally just took a chance, and 2008 was a very challenging time to do that, so kudos to the family for being willing and able to take a risk because it’s really worked out,” said Ryan Shaw, B&F’s executive vice president of sales.

“Sioux Falls has been a fantastic market, and the team there is showing no sign of slowing down. They’re doing great things, and they’ve had tremendous growth.”

The move to Park VIII is the company’s third office since opening in the market. It primarily consists of warehouse space, with some office, and will include about a dozen employees in a combination of sales, customer service and warehouse roles.

“We saw the land as a developing area, and we look for industrial parks with like-minded companies to fit into,” Shaw said. “We feel it’s a good fit. We’d outgrown our previous location, and this will help fuel our future growth.”

The B&F Fastener team calls the new location “a castle,” he joked.

“They love it. There were real space restrictions previously because of our growth and the former location’s layout, so this is phenomenal,” he said. “There’s space to breathe and grow and get our day-to-day operations done more efficiently. It’s especially nice as our team has been barraged with other challenges and continues to navigate them well. We’re just really thankful for them and thankful this location came together for them and for our company as we continue to grow in Sioux Falls.”

Other growing companies also have been buying land and existing buildings at Park VIII.

Grand Prairie Foods acquired a 50,000-square-foot warehouse and office building earlier this year to support its growing breakfast sandwich business line and position it for future growth.

For 18 months prior, the company had been hauling inventory back and forth to a warehouse in Sioux City, “so it’s a nice fit for our business to be able to consolidate a lot of food inventory in one location,” CEO Kurt Loudenback said in announcing the move in early 2021.

The extra land could be used if the company decides to expand production at some point, he added.

Other newcomers to Park VIII include an expansion for a Sioux Falls wholesale provider of winter apparel and a California-based light manufacturer.

The expansion will include building Bahnson Avenue from Benson Road near the Sioux Falls Area Humane Society north to 60th Street North. The plan is to begin grading the 180-acre expansion as soon as the ground thaws in the spring, to be done by July 2022. Other infrastructure work is going to be bid late this year or early next, with the goal of finishing the road work by October 2022.

“These are predominantly going to be large lots, but there will be a lot of flexibility,” Gray said. “We’re looking to target large users, 40 to 60 acres, but there is still opportunity to subdivide.”

While the property is zoned for heavy industrial, warehousing, distribution and advanced manufacturing, “it’s also a gateway to the community,” Gray continued.

“Sanford Health headquarters and Sanford Research are on the other side of the interstate. So we want to target complementary users. Aesthetically, we want to see some nice-looking buildings. Based on what we’re hearing from businesses, we do think there’s going to be interest.”

Dean Dziedzic
For information on availability in Park VIII or other Sioux Falls development parks, contact:

Dean Dziedzic

Vice President of Economic Development

Graphic artist with big following chooses Sioux Falls for home base

Posted on by leahb

Graphic artist Clara Meath grew up in Washington, D.C., went to college in Georgia and spent some of the first years of her professional career in Atlanta and the Twin Cities.

Two years ago — well after building a national reputation and a following large enough to fund her comic book projects without a publisher — Meath chose Sioux Falls as her home base.

Why?

“It was the best move for my career at this point,” Meath said.

That may seem surprising, but it perhaps shouldn’t be.

The cost of living is lower in Sioux Falls, for one thing. And Meath can work from anywhere. Her social media fan base — more than 43,000 on Instagram — can explore the worlds she creates regardless of where she builds them.

But perhaps most importantly, Meath said, “they love me here.”

“I mean, shouldn’t that be enough?” she said. “That’s what mutual attraction is all about, right?”

Like any healthy relationship, Meath’s affection for the city has grown with time through shared experiences. She visited on multiple occasions for events like Siouxpercon or smaller gatherings at shops like Rainbow Comics over the years. She had spent a short stint in town already, rooming with one of her sisters before bouncing back to Minnesota.

The 32-year-old has made plenty of connections with fans and other aspiring artists in a city she describes as friendly, genuine and supportive. Siouxpercon is her favorite event, in part because so many of those fans make it a point to find her and say hello.

“Every city has its own personality, right?” she said. “Here, you do have that Midwestern nice thing. People want to engage, and there’s not that impulse to be competitive and cut people down.”

Sioux Falls is also a place where she can be a “big fish in a small pond” and embrace the role of mentor and guide to aspiring artists, both online and in person at events.

Fans can learn a lot about how comics are made from Meath’s Instagram feed. For her current project, “mother 47,” Meath posts her progress on the platform with the hashtag #whoismother47, which acts as a window into her day-to-day work life.

The hashtag’s followers can watch the project take shape in near real time. Meath might post the rough sketches with the shapes of her characters’ heads in one photo and then the finished product in the next panel. Some posts pan between her computer screen and her numbered notes; others are time-lapse videos that show her artist’s hand at work.

It’s an understandable commitment to her fan base, given how important Instagram has been to her recent projects. She’ll pitch them to followers and then direct them to Kickstarter campaigns. The “mother 47” project has raised more than $11,000 in advance funding, for example. Her “Sketchbook” series and her adaptation of Edgar Allan Poe’s “The Conqueror Worm” also were financed by fans.

Her creative success while based in Sioux Falls shows how the city has evolved as a place to work, said Denise Guzzetta, vice president of talent and workforce development for the Sioux Falls Development Foundation.

“Clara’s success on social media and through crowdfunding really highlights how entrepreneurs and artists can increasingly grow their business from anywhere,” she said. “What also matters, though, is what kind of community you’re experiencing when you’re not online. And increasingly, we are finding artists and other creative entrepreneurs are finding people they can connect with and who will support them in Sioux Falls.”

Add in the state’s favorable business conditions and the city’s emphasis on quality of life, and it’s a powerful combination, Guzzetta said.

“A self-employed graphic artist enjoys a favorable tax structure here just like a larger corporation,” she said. “And there are increasing ways to collaborate with other like-minded people, whether it’s within a small business or event, at Startup Sioux Falls or by participating in the growing number of calls for art within the community.”

Meath would not necessarily suggest using an Instagram business model to all artists. It’s just the platform that has worked best for her. She doesn’t spend much time on Facebook nor does she intend to join TikTok. She has a video podcast on YouTube with mentor and collaborator Zach Howard, for example, who has cultivated his fan base on other platforms.

“You have to find what works for you,” Meath said. “Zach has a lot more success on Facebook, which is probably just a demographics thing.”

It’s also not especially surprising that Meath feels compelled to offer guidance to others. She grew up with four sisters in a home-schooled household, where she was taught by her mother, a dancer, and supported by her father, an independent publisher.

Her family and her teachers at the collegiate level offered support during rough patches. Before graduating as valedictorian of the Savannah College of Art and Design’s sequential art program — “sequential art” is an umbrella term for panel-by-panel narrative art forms like comic books and graphic novels — Meath hit a low point, during which she wasn’t sure if she’d finish. Her professors and advisers pushed her to stay on, a “humbling and empowering” experience that still resonates with emotion when she retells the story nearly a decade later.

Showing both the process and the finished product is more than marketing, Meath said.

“I’d definitely say helping newer artists learn is one of my goals, having people who know even a little more than you come alongside you when you’re just getting started is so, so important, so I suspect I feel an obligation,” she said, adding that her best advice for artists is to “know who you are, know your strengths and weaknesses, and lean into both.”

As far as her storytelling goals, that’s a little simpler. As complex, detailed and full as her panels and plotlines may be, the endpoint is always the same: empathy and “the maximization of experience.”

“I want to allow people to mentally experience things they’d never be able to otherwise,” she said.

Meath said she’s glad she has landed in a community that supports those endeavors and one that has grown more supportive of the arts in general.

The slow, peaceful pace doesn’t hurt, either.

“I grew up in D.C., so this place is Candyland.”

New York Times quiz says Sioux Falls is a top place to live for new parents

Posted on by leahb

A new quiz by New York Times says Sioux Falls is a top place to live for new parents.

Using Affordability as a the top consideration for new parents, Sioux Falls earned the highest ranking. Sioux Falls also received high scores in the categories of schools, commute, space for money, income mobility, climate risks, and parents.

New York Times Opinion shared the rankings for various ‘best places to live if…’ on Instagram. See the post below:

 

View this post on Instagram

 

A post shared by New York Times Opinion (@nytopinion)

Learn more about the quiz’s methodology

4th Quarter Chairman’s Report

Posted on by leahb

As we transition to 2022, new leadership will be installed on our Board of Directors. Kurt Loudenback, President/CEO of Grand Prairie Foods, will assume the Chair position of the Sioux Falls Development Foundation to lead a talented group of your peers in moving the Foundation forward. Additional new leadership will include:

Kurt Loudenback – Grand Prairie Foods – Chair

Steve Kolbeck – Xcel Energy – Chair-Elect

Ryan Boschee – Great Western Bank – Treasurer

Kent Cutler – Cutler Law Firm – Secretary

Pat Costello – Schoeneman’s Building Materials – Past Chair

I’d like to thank and recognize the Members who are leaving the Board after completing their terms. These Members have led the Board and the Foundation over the past six years and were directly involved in the creation of Foundation Park, the development of the Strategic Workforce Action Agenda and the transition of staff leadership. Their skills, talents, and passion for the growth of Sioux Falls and the Foundation are deeply appreciated.

Holly Brunick

Sean Ervin – TSP, Inc.

Michelle Lavallee – Children’s Home Society

Betty Oldenkamp – Lutheran Social Services

Bob Thimjon – Ramkota Companies

Mike Van Buskirk – Van Buskirk Companies

 

I’d also like to welcome our new Board Members and I am excited to see what the future holds.

Clint Ackerman – Signature Companies, Inc.

Randy Knecht – Journey Group

Dave Link – Dakota State University

Karla Santi – Blend Interactive

Al Spencer – Parks Ltd

I have thoroughly enjoyed my service as the Chair of the Foundation during 2021 and know our new Board under Kurt’s leadership will continue to accomplish great things. The Foundation is on a good path and our leadership is committed to work with our partners to move Sioux Falls and the region forward.

Thank you for allowing me to lead this organization. It has been an honor I will always treasure, and I look forward to 2022.

College students tout immersive internships at Sioux Falls organizations

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Eleven Sioux Falls businesses and organizations have spent this fall hosting interns from the USD Beacom School of Business.

They’re part of the BEST Sioux Falls program, which launched this year and was developed in partnership with the city of Sioux Falls, Sioux Falls Development Foundation and Greater Sioux Falls Chamber of Commerce.

“They’re so talented. All of these kids are studying finance, accounting, marketing and data science, which is exactly a skill set that we need inside our business community today and also in the future,” said Denise Guzzetta, vice president of talent and workforce development for the Sioux Falls Development Foundation. “So we want to do everything we can to keep these kids here. We’ve worked very diligently with the businesses to make sure that we have really great projects for them to work on.”

Here’s a look at what the program is achieving:

South Dakota’s International Trade Center Receives Presidential “E” Award For Outstanding Export Services Provided

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This past Friday, November 5th, the U.S. Department of Commerce awarded Rock Nelson, the Executive Director of South Dakota’s International Trade Center, the 2021 President’s “E” Award for Outstanding Export Service Provider at a ceremony in Washington, D.C. The President’s “E” Award is the highest recognition that any U.S. entity can receive for making a significant contribution to the expansion of U.S. exports.

“South Dakota’s International Trade Center has demonstrated a sustained commitment to export expansion. The “E” Awards Committee was very impressed with South Dakota’s International Trade Center’s delivery of a variety of trade events over the past several years. The organization’s customized client support was also particularly notable. South Dakota’s International Trade Center’s achievements have undoubtedly contributed to national export expansion efforts that support the U.S. economy and create American jobs.” said Secretary of the U.S. Department of Commerce, Gina Raimondo, in her congratulatory letter announcing its selection as an award recipient.

South Dakota’s International Trade Center, located in Sioux Falls, South Dakota, is the statewide provider of export services for small and medium-sized U.S. businesses, including supply chain management, international freight logistics, export consulting, export financing, strategic planning, importing, Foreign Trade Zones, documentation, rules, regulations and compliance – both domestic and foreign and more.

Rock Nelson, its Executive Director, said that “Exporting is crucial to the success of the businesses that we work with. Every day we see the growth of our clients’ businesses, due in large part to exporting. This growth has enabled our clients to add jobs and support their local communities as they expand their bottom line.”

In total, the U.S. Department of Commerce honored 71 U.S. companies and organizations from across the country for their role in strengthening the U.S. economy by sharing American ingenuity outside of our borders. The ceremony was held to jointly recognize awardees from 2021, (32 organizations) and 2020, (39 organizations).

In 1961, President Kennedy signed an executive order reviving the World War II “E” symbol of excellence to honor and provide recognition to America’s exporters. Criteria for the award is based on four years of successive export growth and case studies which demonstrate valuable support to exporters resulting in increased exports for its clients.

U.S. companies are nominated for the “E” Awards through the U.S. Commercial Service, the export promotion arm of the of the Department’s International Trade Administration. With offices in over 100 cities across the United States and in 75 markets around the world, the International Trade Administration is the premier resource for American companies competing in the global marketplace.

For more information about the “E” Awards and the benefits of exporting, visit www.trade.gov.

2021 Spirit of Sioux Falls Honoree: Tom Kelley

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The Sioux Falls Development Foundation posthumously honored Tom Kelley, longtime CEO of Gage Brothers Concrete Products, with its ‘Spirit of Sioux Falls’ Award at their 2021 Annual Meeting on Wednesday, November 10.

The award is presented to an individual who has demonstrated leadership and commitment to the economic growth and development of Sioux Falls. The award honors the memory of David Birkeland, Angus Anson, and Roger Hainje, who perished along with Governor George Mickelson and other state officials and staff in 1993 as they returned from an economic development mission.

“This year’s Spirit of Sioux Falls Award, like the gentlemen it honors, leaves a legacy,” Foundation Board Chairman Pat Costello said. “Our winner was a Board Member, but he was so much more. He was mentor, a servant leader, and a volunteer throughout the community.”

In addition to his international acclaim in the precast concrete industry, Kelley served on the Development Foundation’s Board of Directors and was active in many other areas of the community. He was especially passionate about preparing Sioux Falls’ students for the workforce by volunteering with the Foundation’s middle school STEM programming.

“He was just a tremendous leader, and I think his imprint on our community is deep,” Costello said.

Talent Draft Day Recap 2021

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Talent Draft Day is a one-day program for middle schoolers, high schoolers, and college students dedicated to career awareness, employer networking, and professional development. The goal of the event is part of our broader workforce development strategy and aims to connect students to career opportunities available in Sioux Falls. Areas of focus include health and biosciences, engineering, general business, industrial trades, and media arts.

Watch this recap to learn more about Talent Draft Day 2021.

 

 

 

Denise Guzzetta
Interested in being part of our next workforce development event?

Denise Guzzetta

VP of Talent and Workforce Development

Workforce today – and in 2030: Experts will share insight at upcoming Workforce Summit

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What does the workforce of the future look like? It depends on where you’re viewing it.

For Matt Paulson, founder and CEO of the state’s largest digital media company MarketBeat, “the future is hybrid,” he said.

“People want flexibility, but they also want to be in an office. And I’m seeing people move to different jobs for more flexibility. I think that’s a trend. They’re less interested in jobs where you’re working a ton of hours with no flexibility.”

For Lucas Fiegen, vice president of Fiegen Construction, “I think the biggest thing is you have to be creative,” he said. “We saw an opportunity to expand the industry and help workforce, and it was saying yes to those things and thinking through how to do it strategically.”

Those two, plus dozens of other local experts, will share their insight at the upcoming WIN in Workforce Summit on Oct. 28 at the Sioux Falls Convention Center. The annual event, produced by the Sioux Falls Development Foundation, will feature keynote speaker Chad Greenway and multiple sessions revolving around topics such as Your Workforce in 2030, 4 Tools for Retaining High-Functioning Teams, Talent Tips That Work and Future Labor Skills – Employment Prospectus 2030.

“We have an incredible lineup of presenters that ensures you’re going to leave this event with actionable takeaways you can immediately apply in your workplace,” said Denise Guzzetta, vice president of talent and workforce development.

“Whether you’re trying to understand Generation Z, hoping to improve your recruitment and retention or looking to learn some best practices, this event is going to deliver for you.”

For Paulson, who will speak on the 2030 workforce, the pandemic has represented “a 10-year leap forward” in terms of how, when and where people work.

In his own downtown office, “nobody’s there the entire day,” he said. “I get a sense of productivity by how long projects remain on their plate. We’ve done a great job attracting people by saying we’re not X big employer. We get applicants looking for something different, so that’s been an advantage.”

He also sees more people trying out being their own boss.

“People sometimes see the good parts of entrepreneurship and don’t realize you have to work 60 hours a week for a long time or more,” he said. “But the equation in people’s heads is changing too. It’s not about maximum cash and who cares how much I work. It’s more of a ‘how can I fit my job around my lifestyle’ and not my lifestyle around my job.”

Fiegen will speak at the summit about how his family business has seen success increasing interest in the trades through a unique partnership with O’Gorman High School to support the school’s industrial arts program.

“Year one they were building sawhorses and sheds, and now we’re starting to get other trades involved, so this year they were pouring and finishing concrete, and next semester we’re going to have some masons come out and show them how to lay a block foundation,” Fiegen said.

“We’re trying to figure out as the program evolves how they can have hands-on experience in a multitude of industries.”

It has expanded to add CAD technology and 3D-printing programs and has attracted more students than anticipated.

“My uncle Rusty goes in once or twice a semester and talks about next steps and where kids can go, including tech school, and the different opportunities they have,” Fiegen said.

His company also is working with new employees aspiring to management positions to start them in the field, including mentoring and shadowing.

“We want them to get in-the-field experience and then transition them into a construction management role.”

If these topics sound like ones you should explore further, click here to register for the WIN in Workforce Summit.

“These ideas and experts are just the start of what you’ll learn,” Guzzetta said. “We look forward to connecting with you and your team.”

Gen Z is entering your workforce. Are you ready for them?

Posted on by leahb

Just when you thought you’d figured out your millennial workforce — here comes the next generation.

By 2030, the number of Generation Z employees in the U.S. workforce will triple, bringing with them a burst of creative and digital-friendly skills essential to the U.S. remaining competitive globally.

Already termed “influencers” and “digital creators,” Gen Z’s hypercognitive and socially driven communication styles and workplace preferences undoubtedly will have a positive impact.

This incoming generation will be one subject covered in the upcoming WIN in Workforce Summit on Oct. 28, headlined by Chad Greenway.

To learn more and register, click here.

From best practices on enhancing communication and engagement tips to competitive incentives, this strategic learning session will provide the tools your organization needs now to prepare for the newest generation of talent, including:

  • Discussing global generational trends impacting your current and future human capital strategies.
  • Gaining an understanding of the ties between engagement and inclusion while learning best practices.

Nathan LaCroix, talent acquisition sourcer for Avera Health, will participate in the discussion “Workforce Guide for Generation Z.”

The panel will be moderated by Greta Stewart of the Governor’s Office of Economic Development and also includes Breanne Lynch from the Harrisburg School District and Josh Muckenhirn of ISG.

We sat down with LaCroix for a preview of the conversation.

First, how do you define Generation Z? Is it by birth year, life experience? And what are their key characteristics?

I would define Generation Z as the cohort following millennials, born between late 1990s and early 2010s. Generation Z is the largest generation in American history and constitutes 27 percent of the country’s population.

This the most diverse generation by far, considered digital natives since they grew up with internet and during the rise of smartphones. They tend to be independent, hardworking, highly educated, higher demand for flexibility.

As you recruit members of Gen Z, what stands out? How are you adjusting your approach for them?

It’s important to customize the different recruitment tactics. Focusing on more social media efforts, possibly collaborating with influencers, improving the organization’s perception within the age group. We highlight our value proposition and the value the particular position brings to the organization. This helps them understand the importance of the role and the change to make a meaningful impact. Going beyond status quo is important.

How about a little Generation 101. How do you find Gen Z differs from millennials?

Gen Z are defined by their competitiveness, independence and wanting to be judged by their own merits. They are skilled at multitasking as they have always lived in the connected world.

What should organizations know about creating an optimal work environment that both attracts and retains Gen Z?

It’s important that organizations are offering flexibility, coaching opportunities from peers, providing meaningful work, work/life balance, clear development opportunities and social awareness — because they are digital natives.

What do you hope WIN attendees take away from this conversation?

Just how influential Gen Z is and how much of a positive impact organizations can realize when having them join the workforce. We can evolve with Gen Z and provide best practices to help retain and recruit top talent.

Great things are ahead, and I, for one, am excited to work with the next generation.

Click here to learn more and register for the WIN in Workforce Summit.

Chad Greenway to headline WIN in Workforce Summit

Workplace civility, freedom of speech, equal pay: Legal issues that also directly affect workforce

Posted on by leahb

From striking the right balance between personal freedoms and workplace harmony to issues involving pay equity, employers have mounting issues to navigate in addition to workforce challenges.

Those topics that are considered workforce legislative issues will be the subject of a session at the upcoming WIN in Workforce Summit organized by the Sioux Falls Development Foundation on Oct. 28, headlined by Chad Greenway.

To learn more and register, click here.

Justin Smith, a shareholder of Woods, Fuller, Shultz & Smith PC, will be among the speakers.

Moderated by Sandra Wallace of First Premier Bank, the panel also includes Debra Owen of the Greater Sioux Falls Chamber of Commerce and Marcella Prokop of Southeast Tech.

We sat down with Smith for a preview of the conversation.

This is a full topic, so let’s tackle each area first. What issues have surfaced in the workplace around civility, and what should employers and lawmakers be aware of?

In the last few decades, employers have become increasingly focused on fostering positive, collaborative workplaces. Workplaces are more productive and morale is higher among employees where civility is a priority. On the whole, workplace “civility” is not something lawmakers should have to address through statute, although some laws have been enacted in this area. In 2014, for example, Tennessee became the first state to pass a “Healthy Workplace Act,” which encourages anti-bullying and respectful workplace policies. Courts will not generally punish workplace harassment unless it implicates some “protected characteristic” under the law – i.e., sex, race, age, religion, national origin, disability or some other protected class.

Many of us would probably approach the concept of “civility” by citing the Golden Rule – treat others as you want to be treated. Much of the concept of “civility” can be addressed through proactive employer policies. Employer and workplace policies have been drafted for decades to include requirements for respectful interaction with co-workers and customers. More recently, employers have begun to draft policies to include guidelines on inclusiveness, viewpoint tolerance and anti-bullying. When formulating such policies, it is advisable to seek counsel from your employment law attorney.

How have freedom of speech issues been evolving in the workplace? What are the emerging themes there?

In general, the First Amendment prohibits the federal government from enacting laws that would restrict an individual’s right to say or express themselves how they choose. While the protections for freedom of speech have been expanded over time, the First Amendment has limited application in private workplaces. Even if your employer is a government entity, your speech is typically only protected if it involves an area of public concern. In South Dakota, most private employment is “at will,” meaning an employer can terminate an employee at any time, for any reason, without incurring legal liability. Even so, employer decisions motivated by employee speech can create legal liability. This is particularly true where the speech at issue could qualify as “concerted activity” or where an employer policy on employee speech only affects a certain, protected class of people.

Some states have expanded the protections afforded to freedom of speech in private workplaces, including prohibiting employers from influencing employees’ votes and prohibiting discrimination based on political affiliation of employees. Such issues in South Dakota are typically addressed through employee policies adopted by private employers. These types of policies must strike a delicate balance. On the one hand, employees can be allowed some freedom to discuss political, social and related topics with co-workers. On the other hand, employers must be careful to prevent freedom of speech from infringing on workplace productivity and civility. For these reasons, private employers should consult with human resources and legal experts when crafting such policies.

Equal pay has been an issue for decades, but what elements of it are top of mind or should be today?

This topic is mostly outside my wheelhouse as an attorney, although I have seen legislation introduced in Pierre during my lobbying practice. In 1963, Congress enacted the Equal Pay Act, making it illegal for employers to pay women lower wages than men for equal work on jobs requiring the same skill, effort and responsibility. Many South Dakotans do not realize that we have also had pertinent law on our books for over 50 years. State statute prohibits an employer from discriminating between employees on the basis of sex by paying a lower wage for comparable work. Violations of the statute can be grounds for affected employees to sue their employer to recover unpaid wages and attorneys’ fees. The statutes further protect employees from retaliatory action in response to reports or lawsuits. Apart from these types of laws, much of the issue of equal pay is left to the free market.

What should organizations know more broadly about themes you’re seeing in the legal world that could directly impact their ability to recruit and retain?

Starting with recruitment, the legal issues implicated with job postings, candidate research, interviews and job offers continue to keep HR staff busy. However, the rise of remote work and virtual conferencing has led to some legal nuances with workforce recruitment. When hiring remotely or for a remote position, HR staff must first identify the best way to advertise for candidates. Availability of technology can lead to disparate impact among prospective employees. There is also the security side of virtual recruitment, including the risks to confidential information and potential that interviews will be recorded. On the practical side, employers and HR staff must wrestle with the implications of never interacting with candidates face to face before — or even after — hiring.

Switching gears to employee retention, the current job market often gives employees more leverage in the areas of wages, benefits and workplace conditions. Where practicable, an increasing number of employees are pushing for the ability to work remotely. Employers and HR staff must balance employee requests against the realities of the employer’s industry and structure. From a legal standpoint, employers should consult with HR and legal professionals to consider the impact of giving new employees wages and other benefits comparable to existing personnel. Remote work will again raise security, confidentiality and related concerns for willing employers.

What do you hope WIN attendees take away from this conversation?

The more things change, the more they stay the same. The COVID pandemic has certainly highlighted issues like workplace civility, freedom of speech and equal pay. However, even before the pandemic, topics like these were on the minds of employers, employees and lawmakers. As always, it is the proactive businesses that will set the trends on how these issues are addressed. The WIN attendees are demonstrating their commitment to engaging with these and other important topics for the benefit of our local workforce and business community. I am grateful for the invitation to join the WIN conference and speak to these developing topics.

Click here to learn more and register for the WIN in Workforce Summit.

Gen Z is entering your workforce. Are you ready for them?