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60-11-2Requiring employee to pay cost of medical examination prohibited--Misdemeanor--Employer and employee defined.

It is a Class 2 misdemeanor for any employer to require any employee to pay the cost of a medical examination or the cost of furnishing any records required by the employer as a condition of continued employment.

The term, employer, as used in this section means an individual, a partnership, an association, a corporation, a legal representative, trustee, receiver, trustee in bankruptcy, and any common carrier by rail, motor, water, air or express company doing business in or operating within the state.

The term, employee, means any person who may be permitted, required, or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any employment.

Source: SL 1949, ch 78, §§ 1 to 4; SDC Supp 1960, §§ 17.0108, 17.9913; SL 1978, ch 359, § 2; SL 2008, ch 276, § 78.


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