South Dakota § 62-1-3 Employee defined.

South Dakota Statutes

§ 62-1-3 — Employee defined.

South Dakota § 62-1-3

Title 62WORKERS' COMPENSATION

Ch. 62-1DEFINITIONS AND GENERAL PROVISIONS

This text of South Dakota § 62-1-3 (Employee defined.) 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 § 62-1-3 (2026).

Text

As used in this title, the term,employee, means any person, including a minor, in the services of another under any contract of employment, express or implied, (and including as to a deceased employee, the employee's personal representative, dependents, and other persons to whom compensation may be payable), except:

(1)Any person whose employment is not in the usual course of the trade, business, occupation, or profession of the employer;

(2)Any official of the state or of any subdivision of government elected or appointed for a regular term of office or to complete the unexpired portion of any such term. However, the governing body of any subdivision may elect to treat officials of the subdivision as employees for the purposes of this section. Any employer performing labor inciden

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As used in this title, the term,employee, means any person, including a minor, in the services of another under any contract of employment, express or implied, (and including as to a deceased employee, the employee's personal representative, dependents, and other persons to whom compensation may be payable), except: (1) Any person whose employment is not in the usual course of the trade, business, occupation, or profession of the employer; (2) Any official of the state or of any subdivision of government elected or appointed for a regular term of office or to complete the unexpired portion of any such term. However, the governing body of any subdivision may elect to treat officials of the subdivision as employees for the purposes of this section. Any employer performing labor incidental to the employer's occupation who has elected to proceed under the provisions of § 58-20-3 by purchasing workers' compensation insurance to cover himself or herself, may be deemed to be an employee under this section. However, nothing in this section may be construed as to affect that person's rights as an employer for purposes of §§ 62-3-1 and 62-3-2 .

Legislative History

SL 1917, ch 376, §§ 8, 55; RC 1919, §§ 9443, 9490; SL 1929, ch 253; SDC 1939, § 64.0102 (2); SL 1943, ch 313; SL 1949, ch 441; SL 1951, ch 467; SL 1957, ch 493; SL 1959, ch 454; SL 1966, ch 262; SL 1975, ch 322, § 2; SL 2008, ch 278, § 1.