CHAPTER 60-1
NATURE AND TERMS OF EMPLOYMENT
60-1-1 Employee defined.
60-1-2 Contract of employment defined.
60-1-3 Relevancy of wage estimation period in determining term of employment.
60-1-4 Presumption as to monthly hiring.
60-1-5 Continuation in service--Renewal presumed on same terms.
60-1-6 Franchisee or employee of franchisee not an employee of franchisor.
60-1-7 Delivery facilitation contractor considered an independent contractor--Criteria--Services performed before July 1, 2022.
60-1-8 Delivery facilitation contractor and delivery facilitation platform defined.
60-1-1. Employee defined.
An employee is a person who is employed to render personal service to an employer otherwise than in the pursuit of an independent calling, and who in such service remains entirely under the control and direction of the employer.
Source: CivC 1877, § 1157; CL 1887, § 3780; RCivC 1903, § 1476; RC 1919, § 1100; SDC 1939, § 17.0501; SL 2008, ch 276, § 5.
60-1-2. Contract of employment defined.
The contract of employment is one where the employer engages the employee to do something for the employer or for a third person.
Source: CivC 1877, § 1128; CL 1887, § 3751; RCivC 1903, § 1447; RC 1919, § 1071; SDC 1939, § 17.0101.
60-1-3. Relevancy of wage estimation period in determining term of employment.
The length of time which an employer and employee adopt for the estimation of wages is relevant to a determination of the term of employment.
Source: CivC 1877, § 1158; CL 1887, § 3781; RCivC 1903, § 1477; RC 1919, § 1101; SDC 1939, § 17.0502; SL 1985, ch 394.
60-1-4. Presumption as to monthly hiring.
In the absence of any agreement or custom as to the rate or value of wages, the term of service, or the time of payment, an employee is presumed to be hired by the month at a monthly rate of reasonable wages, to be paid when the service is performed.
Source: CivC 1877, § 1159; CL 1887, § 3782; RCivC 1903, § 1478; RC 1919, § 1102; SDC 1939, § 17.0503.
60-1-5. Continuation in service--Renewal presumed on same terms.
Where after the expiration of an agreement respecting the wages and the term of service the parties continue the relation of employer and employee, they are presumed to have renewed the agreement for the same wages and term of service.
Source: CivC 1877, § 1160; CL 1887, § 3783; RCivC 1903, § 1479; RC 1919, § 1103; SDC 1939, § 17.0504.
60-1-6. Franchisee or employee of franchisee not an employee of franchisor.
Notwithstanding any other provisions of law or any voluntary agreement between the United States Department of Labor and a franchisor, a franchisee or an employee of a franchisee is not considered an employee of the franchisor.
Source: SL 2017, ch 216, § 1.
60-1-7. Delivery facilitation contractor considered an independent contractor--Criteria--Services performed before July 1, 2022.
A delivery facilitation contractor is an independent contractor of a delivery facilitation platform if:
(1) The delivery facilitation contractor and delivery facilitation platform agree in writing that the delivery facilitation contractor is an independent contractor of the delivery facilitation platform;
(2) The delivery facilitation platform does not unilaterally prescribe specific hours during which the delivery facilitation contractor must be available to accept service requests submitted through the delivery facilitation platform's digital network;
(3) The delivery facilitation platform does not prohibit the delivery facilitation contractor from engaging in outside employment or performing services through another delivery facilitation platform except while the delivery facilitation contractor is performing services through the delivery facilitation platform's digital network; and
(4) The delivery facilitation platform may not terminate the contract of a delivery facilitation contractor for failure or refusal to accept service requests.
For services performed before July 1, 2022, a delivery facilitation contractor is considered an independent contractor of the delivery facilitation platform if the requirements of this section were satisfied at the time the services were performed.
Source: SL 2022, ch 188, § 1.
60-1-8. Delivery facilitation contractor and delivery facilitation platform defined.
Terms used in § 60-1-7 mean:
(1) "Delivery facilitation contractor," a person who:
(a) Enters into a written agreement with a delivery facilitation platform to use the delivery facilitation platform's digital network to connect with customers seeking services offered by a delivery facilitation contractor;
(b) Performs services for customers through a delivery facilitation platform's digital network in exchange for value; and
(c) Does not perform services at a physical business location operated by the delivery facilitation platform, if any, in this state.
The term does not include a person transporting freight, sealed or closed envelopes, boxes, parcels, or other similar sealed or closed containers for compensation. The term includes a transportation network company driver as defined in § 32-40-1;
(2) "Delivery facilitation platform," a person who:
(a) Maintains a digital network to facilitate services by a delivery facilitation contractor to customers seeking those services; and
(b) Accepts requests from customers only through the delivery facilitation platform's digital network.
The term includes a transportation network company as defined in § 32-40-1.
Source: SL 2022, ch 188, § 2.
