20:06:58:33.  Determining employer size. For purposes of § 20:06:58:32:

          (1)  All persons treated as a single employer under subsections (b), (c), (m), and (o) of the Internal Revenue Code of 1986, codified at 26 U.S.C. 414, are treated as one employer;

          (2)  If an employer was not in existence throughout the preceding calendar year, whether it is a small employer is determined based on the average number of employees the employer reasonably expects to employ on business days during the current calendar year; and

          (3)  Any reference to an employer for purposes of the small employer exemption includes a reference to a predecessor of the employer.

          Source: 41 SDR 93, effective December 3, 2014.

          General Authority: SDCL 58-17-87, 58-18-79, 58-18-79(15).

          Law Implemented: SDCL 58-17-87, 58-18-79, 58-18-80.