61-1-12Agent-drivers, commission-drivers, and salesmen included.

The term, employment, includes, subject to the provisions of §§ 61-1-13, 61-1-15, 61-1-20, 61-1-22 to 61-1-25, and 61-1-36, service performed, including service in interstate commerce, by any individual other than an individual who is an employee under subdivision 61-1-10(1) or (2) who performs services for remuneration for any person:

(1)    As an agent-driver or commission-driver engaged in distributing meat products, vegetable products, fruit products, bakery products, beverages, or laundry or dry-cleaning services, for the driver's principal;

(2)    As a traveling or city salesman, other than as an agent-driver or commission-driver, engaged upon a full-time basis in the solicitation on behalf of, and the transmission to, the salesman's principal (except for sideline sales activities on behalf of some other person) of orders from wholesalers, retailers, contractors, or operators of hotels, restaurants, or other similar establishments for merchandise for resale or supplies for use in the business operations.

For the purposes of this section, the term, employment, includes services described in subdivisions (1) and (2) if: the contract of service contemplates that substantially all of the services are to be performed personally by such individual; the individual does not have a substantial investment in facilities used in connection with the performance of the services (other than in facilities for transportation); and the services are not in the nature of a single transaction that is not part of a continuing relationship with the person for whom the services are performed.

Source: SDCL § 61-1-10 (1) (c) as enacted by SL 1971, ch 276, § 10; SL 1992, ch 60, § 2; SL 2008, ch 277, § 9; SDCL § 61-1-10.1; SL 2012, ch 252, § 59.