SDCL § 60-11-19: Assignment of employees' claims in trust to department--Prosecution--Settlement and adjustment.

If the Department of Labor and Regulation determines that wages have not been paid, and that the unpaid wages constitute an enforceable claim, the department shall upon the request of the employee take an assignment in trust for the wages or any claim for liquidated damages, without being bound by any of the technical rules respecting the validity of any such assignments and may bring any legal action necessary to collect the claim. With the consent of the assigning employee at the time of the assignment, the department may settle and adjust any such claim to the same extent as might the assigning employee.