South Dakota Statutes

§ 61-1-11 — Employee and independent contractor distinguished.

South Dakota § 61-1-11
JurisdictionSouth Dakota
Title 61REEMPLOYMENT ASSISTANCE
Ch. 61-1DEFINITIONS AND GENERAL PROVISIONS

This text of South Dakota § 61-1-11 (Employee and independent contractor distinguished.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 61-1-11 (2026).

Text

Service performed by an individual for wages is employment subject to this title unless and until it is shown to the satisfaction of the Department of Labor and Regulation that:

(1)The individual has been and will continue to be free from control or direction over the performance of the service, both under his contract of service and in fact; and (2) The individual is customarily engaged in an independently established trade, occupation, profession, or business.

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Related

Larry Alexander v. Avera St. Luke's Hospital
768 F.3d 756 (Eighth Circuit, 2014)
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South Dakota Department of Labor v. Tri State Insulation Co.
315 N.W.2d 315 (South Dakota Supreme Court, 1982)
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Jackson v. Lee's Travelers Lodge, Inc.
1997 SD 63 (South Dakota Supreme Court, 1997)
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Carr v. South Dakota Department of Labor, Unemployment Insurance Division
355 N.W.2d 10 (South Dakota Supreme Court, 1984)
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In Re the Determination of the Unemployment Insurance Liability of Balhorn-Moyle Petroleum Co.
315 N.W.2d 481 (South Dakota Supreme Court, 1982)
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Paul v. Bathurst
2023 S.D. 56 (South Dakota Supreme Court, 2023)
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State v. Reif
490 N.W.2d 511 (South Dakota Supreme Court, 1992)
5 case citations

Legislative History

SL 1936 (SS), ch 3, § 19; SDC 1939, § 17.0802 (7) (f); SL 1939, ch 86, § 1; SL 1971, ch 276, § 11; SL 1985, ch 397; SL 2011, ch 1 (Ex. Ord.

Nearby Sections

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Bluebook (online)
South Dakota § 61-1-11, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/61-1-11.