South Dakota Statutes
§ 61-1-11 — Employee and independent contractor distinguished.
South Dakota § 61-1-11
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)
South Dakota Department of Labor v. Tri State Insulation Co.
315 N.W.2d 315 (South Dakota Supreme Court, 1982)
Jackson v. Lee's Travelers Lodge, Inc.
1997 SD 63 (South Dakota Supreme Court, 1997)
Carr v. South Dakota Department of Labor, Unemployment Insurance Division
355 N.W.2d 10 (South Dakota Supreme Court, 1984)
In Re the Determination of the Unemployment Insurance Liability of Balhorn-Moyle Petroleum Co.
315 N.W.2d 481 (South Dakota Supreme Court, 1982)
Paul v. Bathurst
2023 S.D. 56 (South Dakota Supreme Court, 2023)
State v. Reif
490 N.W.2d 511 (South Dakota Supreme Court, 1992)
Black Hills Adventure Lodging, LLC v. Dlr, Reemployment Assistance Division
2025 S.D. 4 (South Dakota Supreme Court, 2025)
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
15
§ 61-1-1
Definition of terms.§ 61-1-10
Employment defined.§ 61-1-10.1
Transferred to §§§ 61-1-10.10
Repealed by SL 1990, ch 415, § 3.§ 61-1-10.11
Repealed by SL 1991, ch 414, § 1.§ 61-1-10.3
Transferred to §§ 61-1-10.4
Transferred to §§ 61-1-10.5
Transferred to §§ 61-1-10.6
Transferred to §§§ 61-1-14
Unemployment compensation funds for political subdivisions permitted--Expenditures from fund.§ 61-1-16
Repealed by SL 1977, ch 420, § 38.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 61-1-11, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/61-1-11.