reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 12 - Uniform Power Of Attorney Act › Section 59-12-43 - Statutory form--Revocation.

59-12-43. Statutory form--Revocation.
A document substantially in the following form may be used to create a statutory form revocation of power of attorney that has the meaning and effect prescribed by this chapter. The provisions of §§ 43-28-23 and 7-9-1 apply to any power of attorney that is to be recorded with the register of deeds.
SOUTH DAKOTA
STATUTORY FORM REVOCATION OF POWER OF ATTORNEY
IMPORTANT INFORMATION
This revocation of power of attorney revokes a previously executed power of attorney including any nominations of guardian or conservator made within that instrument. This revocation does not revoke any power of attorney authorizing the agent to make health-care decisions for you. You should immediately deliver copies of this revocation to any person, institution, or company
that has a copy of the original power of attorney.
REVOCATION OF POWER OF ATTORNEY
I ________________________________ previously executed a Statutory Form Power of
(Name of Principal)
Attorney with a date of ______________________, 2____ and named the following person as my agent:
Name of Agent: _________________________________
Agent's Address: _________________________________
Agent's Telephone Number: _________________________
I also named the following successor agent(s):
Name of Successor Agent: _____________________________
Successor Agent's Address: _____________________________
Successor Agent's Telephone Number: ______________________
Name of Second Successor Agent: ___________________________
Second Successor Agent's Address: _________________________
Second Successor Agent's Telephone Number: _________________
I now hereby revoke that Statutory Form Power of Attorney.
EFFECTIVE DATE
This revocation of power of attorney is effective immediately.
SIGNATURE AND ACKNOWLEDGMENT
____________________________________________ ______________, 2____
Your Signature Date
____________________________________________
Your Name Printed
____________________________________________
Your Address
____________________________________________
Your Telephone Number
State of ____________________________ )
)SS.
County of ___________________________)
This Statutory Form Revocation of Power of Attorney document was acknowledged before me on _____________________, 2_____ by ___________________________________.
(Date) (Name of Principal)
____________________________________________ (Seal)
Signature of Notary Public
My commission expires:
Source:
SL 2020, ch 214, § 43.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 01 - Nature And Terms Of Employment › Section 60-1-1 - Employee 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.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 01 - Nature And Terms Of Employment › Section 60-1-2 - Contract of employment defined.

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.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 01 - Nature And Terms Of Employment › Section 60-1-3 - Relevancy of wage estimation period in determining term of employment.

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.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 01 - Nature And Terms Of Employment › Section 60-1-4 - Presumption as to monthly hiring.

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.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 01 - Nature And Terms Of Employment › Section 60-1-5 - Continuation in service--Renewal presumed on same terms.

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.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 01 - Nature And Terms Of Employment › Section 60-1-6 - Franchisee or employee of franchisee not an employee of franchisor.

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.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 01 - Nature And Terms Of Employment › Section 60-1-7 - Delivery facilitation contractor considered an independent contractor--Criteria--Services performed before July 1, 2022.

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.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 01 - Nature And Terms Of Employment › Section 60-1-8 - Delivery facilitation contractor and delivery facilitation platform defined.

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.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 02 - Obligations Of Employer And Employee › Section 60-2-1 - Indemnification of employee by employer--Exceptions.

60-2-1. Indemnification of employee by employer--Exceptions.
An employer shall indemnify an employee, except as provided in §60-2-2 for all that the employee necessarily expends or loses in direct consequence of the discharge of the employee's duties, or of the employee's obedience to the direction of the employer, even though unlawful, unless the employee at the time of obeying such directions believed such directions to be unlawful.
Source:
CivC 1877, §1129; CL 1887, §3752; RCivC 1903, §1448; RC 1919, §1072; SDC 1939, §17.0201; SL 2008, ch 276, §6.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 02 - Obligations Of Employer And Employee › Section 60-2-2 - Losses for which employer not required to indemnify employee.

60-2-2. Losses for which employer not required to indemnify employee.
An employer, except as otherwise specially provided, is not bound to indemnify an employee for losses suffered by the employee in consequence of the ordinary risks of the business in which employed, nor in consequence of the negligence of another person employed by the same employer in the same general business, unless the employer has neglected to use ordinary care in the selection of the culpable employee.
Source:
CivC 1877, §1130; CL 1887, §3753; RCivC 1903, §1449; RC 1919, §1073; SDC 1939, §17.0202; SL 2008, ch 276, §7.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 02 - Obligations Of Employer And Employee › Section 60-2-3 - Employer to indemnify for his own negligence.

60-2-3. Employer to indemnify for his own negligence.
An employer shall in all cases indemnify an employee for losses caused by the employer's want of ordinary care.
Source:
CivC 1877, §1131; CL 1887, §3754; RCivC 1903, §1450; RC 1919, §1074; SDC 1939, §17.0203; SL 2008, ch 276, §8.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 02 - Obligations Of Employer And Employee › Section 60-2-4 - Service with ordinary care and diligence.

60-2-4. Service with ordinary care and diligence.
Any person who agrees to serve another for a good consideration shall perform the service with ordinary care and diligence so long as employed.
Source:
CivC 1877, §1135; CL 1887, §3758; RCivC 1903, §1454; RC 1919, §1078; SDC 1939, §17.0303; SL 2008, ch 276, §9.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 02 - Obligations Of Employer And Employee › Section 60-2-5 - Duties of employee for his own benefit.

60-2-5. Duties of employee for his own benefit.
Any person at the person's own request to do that which is more for the person's advantage than for an employer shall use great care and diligence to protect the interest of the employer.
Source:
CivC 1877, §1136; CL 1887, §3759; RCivC 1903, §1455; RC 1919, §1079; SDC 1939, §17.0304; SL 2008, ch 276, §10.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 02 - Obligations Of Employer And Employee › Section 60-2-6 - Contract for service limited to two years.

60-2-6. Contract for service limited to two years.
No contract to render personal service may be enforced against the employee beyond the term of two years from the commencement of service under the contract, but if the employee voluntarily continues services under the contract beyond that time, the contract may be referred to as affording a presumptive measure of the consideration.
Source:
CivC 1877, §1137; CL 1887, §3760; RCivC 1903, §1456; RC 1919, §1080; SDC 1939, §17.0104; SL 2008, ch 276, §11.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 02 - Obligations Of Employer And Employee › Section 60-2-7 - Obedience to employer required--Exceptions.

60-2-7. Obedience to employer required--Exceptions.
An employee shall substantially comply with all the directions of the employer concerning the service on which the employee is engaged, even though contrary to the provisions of law on the subject of employer and employee, unless obedience is impossible, or unlawful, or would impose new and unreasonable burdens upon the employee, or in case of an emergency, which according to the best information which the employee can with reasonable diligence obtain, the employer did not contemplate, and in which the employer cannot with reasonable diligence be consulted, and in which noncompliance is judged by the employee, in good faith, and in the exercise of reasonable discretion, to be absolutely necessary for the protection of the employer's interests. In all such cases, the employee shall conform as nearly to the directions of the employer as may be reasonably practicable and most for the interest of the employer.
Source:
CivC 1877, §1138; CL 1887, §3761; RCivC 1903, §1457; RC 1919, §1081; SDC 1939, §17.0305; SL 2008, ch 276, §12.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 02 - Obligations Of Employer And Employee › Section 60-2-8 - Duty of employee to conform to usage--Exception.

60-2-8. Duty of employee to conform to usage--Exception.
An employee shall perform a service in conformity to the usage of the place of performance unless otherwise directed by the employer, or unless it is impracticable, or manifestly injurious to the employer to do so.
Source:
CivC 1877, §1139; CL 1887, §3762; RCivC 1903, §1458; RC 1919, §1082; SDC 1939, §17.0306; SL 2008, ch 276, §13.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 02 - Obligations Of Employer And Employee › Section 60-2-9 - Degree of skill required of employee.

60-2-9. Degree of skill required of employee.
An employee shall use reasonable skill unless the employer has notice of the employee's want of skill before employing the employee. The employee shall always use all skill that the employee possesses, as far as required, for the service specified.
Source:
CivC 1877, §§1140, 1141; CL 1887, §§3763, 3764; RCivC 1903, §§1459, 1460; RC 1919, §§1083, 1084; SDC 1939, §17.0307; SL 2008, ch 276, §14.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 02 - Obligations Of Employer And Employee › Section 60-2-10 - Products of employment belong to employer--Exception.

60-2-10. Products of employment belong to employer--Exception.
Anything that an employee acquires by virtue of employment, lawfully or unlawfully, during or after the term of employment belongs to the employer, excepting any compensation due the employee.
Source:
CivC 1877, §1142; CL 1887, §3765; RCivC 1903, §1461; RC 1919, §1085; SDC 1939, §17.0308; SL 2008, ch 276, §15.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 02 - Obligations Of Employer And Employee › Section 60-2-11 - Duty of employee to account.

60-2-11. Duty of employee to account.
An employee shall, on demand, render to the employer just accounts of all the employee's transactions in the course of the employee's service as often as may be reasonable, and shall, without demand, give prompt notice to the employer of everything which the employee receives on account.
Source:
CivC 1877, §1143; CL 1887, §3766; RCivC 1903, §1462; RC 1919, §1086; SDC 1939, §17.0309; SL 2008, ch 276, §16.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 02 - Obligations Of Employer And Employee › Section 60-2-12 - Employee not bound to deliver without demand.

60-2-12. Employee not bound to deliver without demand.
An employee who receives anything on account of an employer in any capacity other than that of a mere employee, is not bound to deliver it to the employer until demanded, and is not at liberty to send it to the employer from a distance without demand, in any mode involving greater risk than its retention by the employee.
Source:
CivC 1877, §1144; CL 1887, §3767; RCivC 1903, §1463; RC 1919, §1087; SDC 1939, §17.0310; SL 2008, ch 276, §17.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 02 - Obligations Of Employer And Employee › Section 60-2-13 - Preference to employer's business.

60-2-13. Preference to employer's business.
An employee who has any business to transact on the employee's own account, similar to that entrusted to the employee by the employer, shall always give the employer the preference.
Source:
CivC 1877, §1145; CL 1887, §3768; RCivC 1903, §1464; RC 1919, §1088; SDC 1939, §17.0311; SL 2008, ch 276, §18.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 02 - Obligations Of Employer And Employee › Section 60-2-14 - Preference between employers according to urgency.

60-2-14. Preference between employers according to urgency.
If an employee is entrusted with similar affairs by different employers, the employee shall give the different employers preference according to their relative urgency, or other things being equal, according to the order in which the different employers were committed to the employee.
Source:
CivC 1877, §1145; CL 1887, §3768; RCivC 1903, §1464; RC 1919, §1088; SDC 1939, §17.0311; SL 2008, ch 276, §19.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 02 - Obligations Of Employer And Employee › Section 60-2-15 - Responsibility of employee for substitute.

60-2-15. Responsibility of employee for substitute.
An employee who is expressly authorized to employ a substitute is liable to the employee's principal only for want of ordinary care in the employee's selection. The substitute is directly responsible to the principal.
Source:
CivC 1877, §1146; CL 1887, §3769; RCivC 1903, §1465; RC 1919, §1089; SDC 1939, §17.0312; SL 2008, ch 276, §20.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 02 - Obligations Of Employer And Employee › Section 60-2-16 - Responsibility to employer for misconduct.

60-2-16. Responsibility to employer for misconduct.
An employee who is guilty of willful and wanton misconduct is liable to the employer for the damage thereby caused to the employer. The employer is liable to the employee if the service is not gratuitous, for the value of the service only as is properly rendered.
Source:
CivC 1877, §1147; CL 1887, §3770; RCivC 1903, §1466; RC 1919, §1090; SDC 1939, §17.0313; SL 2008, ch 276, §21.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 02 - Obligations Of Employer And Employee › Section 60-2-17 - Duty of surviving employee.

60-2-17. Duty of surviving employee.
If service is rendered by two or more persons jointly, and one of them dies, the survivor shall act alone if the service to be rendered is such that the survivor can rightfully perform without the aid of the deceased person, but not otherwise.
Source:
CivC 1877, §1148; CL 1887, §3771; RCivC 1903, §1467; RC 1919, §1091; SDC 1939, §17.0314; SL 2008, ch 276, §22.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 02 - Obligations Of Employer And Employee › Section 60-2-18 - Day's labor defined.

60-2-18. Day's labor defined.
A day's labor for employees is to the extent as is usual in the business in which they serve not exceeding ten hours in the day unless the employer and employee expressly agree to the contrary.
Source:
CivC 1877, §1161; CL 1887, §3784; RCivC 1903, §1480; RC 1919, §1104; SDC 1939, §17.0505; SL 1984, ch 332.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 02 - Obligations Of Employer And Employee › Section 60-2-19 - Duty of employee to deliver things received.

60-2-19. Duty of employee to deliver things received.
An employee shall deliver to the employer as soon as with reasonable diligence the employee can find the employer, anything that the employee receives for the employer's account, without demand. However, the employee is not bound, without orders from the employer, to send anything to the employer through another person.
Source:
CivC 1877, §1162; CL 1887, §3785; RCivC 1903, §1481; RC 1919, §1105; SDC 1939, §17.0506; SL 2008, ch 276, §23.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 02 - Obligations Of Employer And Employee › Section 60-2-20 - Use of genetic information in employment practices prohibited--Exceptions--Action for damages.

60-2-20. Use of genetic information in employment practices prohibited--Exceptions--Action for damages.
It is an unlawful employment practice for an employer to seek to obtain, to obtain, or to use genetic information, as defined in §60-2-21, of an employee or a prospective employee to distinguish between or discriminate against employees or prospective employees or restrict any right or benefit otherwise due or available to an employee or a prospective employee. However, it is not an unlawful employment practice for an employer to seek to obtain, to obtain, or to use genetic information if:
(1)The employer is a law enforcement agency conducting a criminal investigation; or
(2)The employer relies on the test results from genetic information obtained by law enforcement through a criminal investigation, the employer legally acquires the test results, the employer keeps the test results confidential except as otherwise required by law, and the employer uses the test results for the limited purpose of taking disciplinary action against the employee based only on the alleged misconduct.
Any employee or prospective employee claiming to be aggrieved by this unlawful employment practice may bring a civil suit for damages in circuit court. The court may award reasonable attorney fees and costs in addition to any judgment awarded to the employee or prospective employee.
Source:
SL 2001, ch 290, §1.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 02 - Obligations Of Employer And Employee › Section 60-2-21 - "Genetic information" defined.

60-2-21."Genetic information" defined.
For the purposes of §60-2-20, genetic information is information about genes, gene products, and inherited characteristics that may derive from the individual or a family member. This includes information regarding carrier status and information derived from laboratory tests that identify mutations in specific genes or chromosomes, physical medical examinations, family histories, and direct analysis of genes or chromosomes.
Source:
SL 2001, ch 290, §2.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 03 - Gratuitous Employees › Section 60-3-1 - Diligence and care required.

60-3-1. Diligence and care required.
Any person who undertakes to do a service for another without consideration is not bound to perform the service unless it is entrusted to the person at the person's own request in which case the person shall perform fully. If the person commences performance, the person shall use slight diligence and care at least. In other cases, a gratuitous employee may relinquish the employment at any time.
Source:
CivC 1877, §§1132, 1133; CL 1887, §§3755, 3756; RCivC 1903, §§1451, 1452; RC 1919, §§1075, 1076; SDC 1939, §17.0301; SL 2008, ch 276, §24.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 03 - Gratuitous Employees › Section 60-3-2 - Duty of employee under power of attorney.

60-3-2. Duty of employee under power of attorney.
A gratuitous employee who accepts a written power of attorney shall act under it so long as it remains in force, or until the employee gives notice to the employer that the employee will no longer do so.
Source:
CivC 1877, §1134; CL 1887, §3757; RCivC 1903, §1453; RC 1919, §1077; SDC 1939, §17.0302; SL 2008, ch 276, §25.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 04 - Termination Of Employment › Section 60-4-1 - Death or incapacity of employer.

60-4-1. Death or incapacity of employer.
An employment in which the power of the employee is not coupled with an interest in its subject is terminated by notice to the employee of:
(1)Death of the employer; or
(2)Legal incapacity of the employer to contract.
Source:
CivC 1877, §1150; CL 1887, §3773; RCivC 1903, §1469; RC 1919, §1093; SDC 1939, §17.0402; SL 2008, ch 276, §26.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 04 - Termination Of Employment › Section 60-4-2 - Expiration of appointed term--Extinction of subject--Death or incapacity of employee.

60-4-2. Expiration of appointed term--Extinction of subject--Death or incapacity of employee.
An employment is terminated:
(1)By expiration of its appointed term;
(2)By extinction of its subject;
(3)By death of the employee; or
(4)By legal incapacity of the employee to act as an employee.
Source:
CivC 1877, §1150; CL 1887, §3773; RCivC 1903, §1469; RC 1919, §1093; SDC 1939, §17.0402; SL 2008, ch 276, §27.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 04 - Termination Of Employment › Section 60-4-3 - Employee must continue in certain cases.

60-4-3. Employee must continue in certain cases.
An employee, unless the term of the employee's service has expired, or unless the employee has a right to discontinue it at any time without notice, shall continue service after notice of the death or incapacity of the employer so far as is necessary to protect from serious injury the interests of the employer's successor in interest, until a reasonable time after notice of the facts has been communicated to the successor. The successor shall compensate the employee for the service according to the terms of the contract of employment.
Source:
CivC 1877, §1151; CL 1887, §3774; RCivC 1903, §1470; RC 1919, §1094; SDC 1939, §17.0403; SL 2008, ch 276, §28.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 04 - Termination Of Employment › Section 60-4-4 - Termination at will.

60-4-4. Termination at will.
An employment having no specified term may be terminated at the will of either party on notice to the other, unless otherwise provided by statute.
Source:
CivC 1877, §1152; CL 1887, §3775; RCivC 1903, §1471; RC 1919, §1095; SDC 1939, §17.0401.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 04 - Termination Of Employment › Section 60-4-5 - Neglect or breach of duty--Incapacity to perform.

60-4-5. Neglect or breach of duty--Incapacity to perform.
An employment even for a specified term may be terminated at any time by the employer for habitual neglect of duty, continued incapacity to perform, or any willful breach of duty by the employee in the course of employment.
Source:
CivC 1877, §1153; CL 1887, §3776; RCivC 1903, §1472; RC 1919, §1096; SDC 1939, §17.0404; SL 2008, ch 276, §29.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 04 - Termination Of Employment › Section 60-4-6 - Breach of obligation of employer.

60-4-6. Breach of obligation of employer.
An employment even for a specified term may be terminated by the employee at any time for any willful or permanent breach of the obligations of the employer to the employee as such.
Source:
CivC 1877, §1154; CL 1887, §3777; RCivC 1903, §1473; RC 1919, §1097; SDC 1939, §17.0404.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 04 - Termination Of Employment › Section 60-4-9 - Discharge of employee--Misconduct or immorality.

60-4-9. Discharge of employee--Misconduct or immorality.
An employer may discharge any employee, whether engaged for a fixed term or not, if the employee is guilty of misconduct in the course of service or of gross immorality, though unconnected with the misconduct.
Source:
CivC 1877, §1163, subdiv 1; CL 1887, §3786; subdiv 1; RCivC 1903, §1482, subdiv 1; RC 1919, §1106 (1); SDC 1939, §17.0507 (1); SL 2008, ch 276, §30.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 04 - Termination Of Employment › Section 60-4-10 - Discharge of employee--Concealment of misconduct.

60-4-10. Discharge of employee--Concealment of misconduct.
An employer may discharge any employee, whether engaged for a fixed term or not, if, being employed about the person of the employer or in a confidential position, the employer discovers that the employee has been guilty of misconduct before or after the commencement of service of such a nature that, if the employer had known or contemplated it, the employer would not have employed the employee.
Source:
CivC 1877, §1163, subdiv 2; CL 1887, §3786, subdiv 2; RCivC 1903, §1482, subdiv 2; RC 1919, §1106 (2); SDC 1939, §17.0507 (2); SL 2008, ch 276, §31.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 04 - Termination Of Employment › Section 60-4-11 - Discrimination against employee off-duty use of tobacco.

60-4-11. Discrimination against employee off-duty use of tobacco.
It is a discriminatory or unfair employment practice for an employer to terminate the employment of an employee due to that employee's engaging in any use of tobacco products off the premises of the employer during nonworking hours unless such a restriction:
(1)Relates to a bona fide occupational requirement and is reasonably and rationally related to the employment activities and responsibilities of a particular employee or a particular group of employees, rather than to all employees of the employer; or
(2)Is necessary to avoid a conflict of interest with any responsibilities to the employer or the appearance of such a conflict of interest.
Notwithstanding any other provisions of this chapter, the sole remedy for any person claiming to be aggrieved by a discriminatory or unfair employment practice as defined in this section shall be as follows: the person may bring a civil suit for damages in circuit court and may sue for all wages and benefits which have been due up to and including the date of the judgment had the discriminatory or unfair employment practice not occurred. However, nothing in this section may be construed to relieve such person from the obligation to mitigate damages. It is not a discriminatory or unfair employment practice pursuant to this section for an employer to offer, impose or have in effect a health or life insurance policy that makes distinctions between employees for the type of coverage or the cost of coverage based upon the employees' use of tobacco products. The provisions of this section shall not apply to full-time firefighters.
Source:
SL 1991, ch 410.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 04 - Termination Of Employment › Section 60-4-12 - Presumption of good faith disclosure of employment information to prospective employers.

60-4-12. Presumption of good faith disclosure of employment information to prospective employers.
Any employer or agent of the employer, who in writing, discloses information about the job performance of an employee or former employee to a prospective employer of that person at the written request of the prospective employer or the employee or former employee is presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, may not be held liable for the disclosure or its consequences. Any written response to the written request shall be made available to the employee or the former employee upon written request. For purposes of this section, the presumption of good faith is rebutted upon a showing that the employer or agent of the employer:
(1)Recklessly, knowingly, or with a malicious purpose, disclosed false or deliberately misleading information; or
(2)Disclosed information subject to a nondisclosure agreement or information that is confidential under any federal or state law.
Source:
SL 1996, ch 301.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 05 - Administration Of Labor Laws › Section 60-5-4 - Department created--Functions and responsibility.

60-5-4. Department created--Functions and responsibility.
There is hereby created a department of state government which shall be known as the state Department of Labor and Regulation and which shall exercise all powers and perform all functions, duties and services relating to the field of labor and management relations as may be assigned by the Legislature. This department is charged with the responsibility of assisting employers and employees in meeting their respective obligations, and benefiting from their respective rights under the laws and in the areas so assigned to the department, all in the interest of the public welfare.
Source:
SL 1971, ch 275, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 05 - Administration Of Labor Laws › Section 60-5-10 - Appointment of employees.

60-5-10. Appointment of employees.
The secretary of labor and regulation shall appoint such other employees, including attorneys as may be necessary for the administration of the functions, duties and responsibilities as hereinafter provided.
Source:
SL 1971, ch 275, §3; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 05 - Administration Of Labor Laws › Section 60-5-11 - Department enforcement of labor laws.

60-5-11. Department enforcement of labor laws.
The Department of Labor and Regulation shall enforce all labor laws as found in chapters 60-1 to 60-5, chapters 60-8 to 60-13, and §§3-18-4 to 3-18-6.
Source:
SL 1971, ch 275, §5; SL 2008, ch 276, §33; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 05 - Administration Of Labor Laws › Section 60-5-14 - Enforcement of laws relating to minors--Separate division in department.

60-5-14. Enforcement of laws relating to minors--Separate division in department.
The Department of Labor and Regulation shall enforce all the laws of this state pertaining to the employment of minors. The department may establish within the department a separate division or other organizational unit to administer and enforce all such laws.
Source:
SL 1971, ch 275, §8; SL 2008, ch 276, §35; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 05 - Administration Of Labor Laws › Section 60-5-15 - Investigation and prosecution of violations of labor laws--Duty of state's attorneys.

60-5-15. Investigation and prosecution of violations of labor laws--Duty of state's attorneys.
The Department of Labor and Regulation shall cause to be investigated all violations or suspected violations of labor laws. The various state's attorneys of the several counties are hereby charged with the responsibility for investigation and prosecution of violations and suspected violations of the labor laws. If any state's attorney shall fail to investigate any violation or shall fail to prosecute a known violation of the labor laws of South Dakota, the Department of Labor and Regulation shall conduct such investigation or prosecution.
Source:
SL 1971, ch 275, §7; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 05 - Administration Of Labor Laws › Section 60-5-18 - Fees established by rule.

60-5-18. Fees established by rule.
The department may, by rules promulgated pursuant to chapter 1-26, establish and collect reasonable fees and charges, except fees prohibited by §60-6-24, for the following:
(1)Fees, not to exceed one thousand dollars, for certification or renewal of certification of case management plans for workers' compensation claims;
(2)Fees, not to exceed twenty-five dollars, for searches of the files and records of the department;
(3)Fees for producing transcripts and copying any papers contained in the files and records of the department, at cost plus mailing;
(4)Fees paid for seminars, conferences, or workshops conducted by the department; and
(5)Fees paid for computer software and publications produced by the department.
All fees paid to the department pursuant to subdivisions (1), (2), (3), and (5) of this section shall be deposited with the state treasurer each calendar month by the tenth day of next month and shall be credited to the Department of Labor and Regulation special revenue fund. The money in the fund is continuously appropriated to the department for the purpose of paying the expense of administering and enforcing the provisions of Titles 60, 61, and 62. All fees collected pursuant to subdivision (4) of this section shall be deposited in the Department of Labor and Regulation's local bank account as authorized by §4-4-3.
Source:
SL 1994, ch 390; SL 2000, ch 254, §2; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 06 - State Employment Service › Section 60-6-1 - Free employment service--Acceptance of federal provisions.

60-6-1. Free employment service--Acceptance of federal provisions.
The Department of Labor and Regulation shall establish and maintain free public employment offices in such number and in such places as may be necessary for the proper administration of this chapter and for the purpose of performing such duties as are provided by 29 U.S.C. paragraph 49 c, as amended through July 1, 1999. These provisions of federal law are hereby accepted by this state. The Department of Labor and Regulation is designated as the agency of this state that is to cooperate with the federal government pursuant to this federal law.
Source:
SL 1936 (SS), ch 3, §12; SDC 1939, §17.0813; SL 1939, ch 87, §3; SL 1988, ch 410; SL 2008, ch 276, §36; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 06 - State Employment Service › Section 60-6-3 - Department and secretary defined.

60-6-3. Department and secretary defined.
The term, department, as used in this chapter, means the Department of Labor and Regulation. The term, secretary, as used in this chapter, means the secretary of the Department of Labor and Regulation.
Source:
SDC 1939, §17.0701; SL 2008, ch 276, §39; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 06 - State Employment Service › Section 60-6-4 - Cooperation with offices and agencies of the United States.

60-6-4. Cooperation with offices and agencies of the United States.
The secretary shall cooperate with any official or agency of the United States having powers or duties under the federal law referred to in §60-6-1 and to do and perform all things necessary to secure to this state the benefits of that federal law in the promotion and maintenance of a system of public employment offices.
Source:
SL 1936 (SS), ch 3, §12; SDC 1939, §17.0813; SL 1939, ch 87, §3; SL 2008, ch 276, §40.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 06 - State Employment Service › Section 60-6-7 - Federal funds paid into special employment service account-- Expenditure by secretary.

60-6-7. Federal funds paid into special employment service account-- Expenditure by secretary.
Any money received by this state under the federal law referred to in §60-6-1 shall be paid into the special employment service account in the employment security administration fund. Such money is available to the secretary to be expended as provided by this chapter and the federal law.
Source:
SL 1936 (SS), ch 3, §12; SDC 1939, §17.0813; SL 1939, ch 87, §3; SL 2008, ch 276, §43.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 06 - State Employment Service › Section 60-6-8 - Acceptance of funds, services, or quarters as contribution to employment service account.

60-6-8. Acceptance of funds, services, or quarters as contribution to employment service account.
For the purpose of establishing and maintaining free public employment offices, the secretary may enter into agreements with the railroad retirement board, or any other agency of the United States charged with the administration of a state reemployment assistance or unemployment compensation law, or with any political subdivision of this state, or with any private, nonprofit organization, and as a part of any such agreement the secretary may accept moneys, services, or quarters as a contribution to the employment service account.
Source:
SL 1936 (SS), ch 3, §12; SDC 1939, §17.0813; SL 1939, ch 87, §3; SL 2008, ch 276, §44; SL 2019, ch 216, §37.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 06 - State Employment Service › Section 60-6-14 - Employees--Appointment--Location.

60-6-14. Employees--Appointment--Location.
The secretary may appoint employees to carry out the provisions of this chapter. The employees may be located at points in the state which will best serve to carry out the provisions and intent of this chapter.
Source:
SL 1920 (SS), ch 54, §1; SDC 1939, §17.0701; SL 2008, ch 276, §50.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 06 - State Employment Service › Section 60-6-18 - Aid to employees in enforcement of claims--Duties of secretary.

60-6-18. Aid to employees in enforcement of claims--Duties of secretary.
The secretary shall render all aid and assistance necessary for the enforcement of any claim by an employee against an employer which the secretary finds reasonable and just, and for the protection of the employee from frauds, extortions, exploitations, or other improper practices on the part of persons, public or private. The secretary shall investigate such claims for the purpose of presenting the facts to the proper authorities and of inducing action thereon by the various agencies of the state possessing the requisite jurisdiction.
Source:
SL 1920 (SS), ch 54, §4; SDC 1939, §17.0705; SL 2008, ch 276, §54.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 06 - State Employment Service › Section 60-6-22 - Solicitation of business for public employment offices.

60-6-22. Solicitation of business for public employment offices.
The secretary may solicit business for the public employment offices established under this chapter by advertising in newspapers and in any other way the secretary deems expedient and take other steps that the secretary deems necessary to ensure the success and efficiency of such offices. No expenditure under these provisions may exceed five percent of the total expenditure for the purpose of this chapter.
Source:
SL 1920 (SS), ch 54, §6; SDC 1939, §17.0707; SL 2008, ch 276, §55.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 06 - State Employment Service › Section 60-6-23 - Bulletin as to state of labor market--Publication by department.

60-6-23. Bulletin as to state of labor market--Publication by department.
The department shall publish a bulletin in which shall be made public all possible information with regard to the state of the labor market, including reports of the businesses of the various public employment offices.
Source:
SL 1920 (SS), ch 54, §9; SDC 1939, §17.0708.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 06 - State Employment Service › Section 60-6-24 - Fees for services not permitted--Violation as misdemeanor--Disqualification from office.

60-6-24. Fees for services not permitted--Violation as misdemeanor--Disqualification from office.
No fees direct or indirect may be charged or received from any person seeking the benefits of this chapter. Any person that violates the provisions of this section commits a Class 2 misdemeanor and is thereafter disqualified from holding any office or position in the department.
Source:
SL 1920 (SS), ch 54, §§7, 8; SDC 1939, §§17.0709, 17.9902; SL 1978, ch 359, §2; SL 2008, ch 276, §56.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 08 - Interference With Employment › Section 60-8-1 - Intimidation of employees--Misdemeanor.

60-8-1. Intimidation of employees--Misdemeanor.
Any person who by any use of force, threats, or intimidation, prevents or endeavors to prevent any hired foreman, journeyman, workman, laborer, servant, or other person employed by another person from continuing or performing work or from accepting any new work or employment, or induces the hired person to relinquish work or employment, or to return any work the person has in hand before it is finished, is guilty of a Class 2 misdemeanor.
Source:
PenC 1877, §733; CL 1887, §6924; RPenC 1903, §757; RC 1919, §4373; SDC 1939, §13.1824; SL 1978, ch 359, §2; SL 2008, ch 276, §68.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 08 - Interference With Employment › Section 60-8-2 - Intimidation of employers--Misdemeanor.

60-8-2. Intimidation of employers--Misdemeanor.
Any person who by any use of force, threats, or intimidation prevents or endeavors to prevent another person from employing any person, or compels another person to employ any person, or forces or induces another to alter the mode of carrying on business, or to limit or increase the number of hired foremen, journeymen, workmen, laborers, servants, or other persons employed by the person, or their rate of wages or time of service, is guilty of a Class 2 misdemeanor.
Source:
PenC 1877, §734; CL 1887, §6925; RPenC 1903, §758; RC 1919, §4374; SDC 1939, §13.1825; SL 1978, ch 359, §2; SL 2008, ch 276, §69.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 08 - Interference With Employment › Section 60-8-3 - Denial of right to work because of membership or nonmembership in union--Misdemeanor.

60-8-3. Denial of right to work because of membership or nonmembership in union--Misdemeanor.
No person may be deprived of life, liberty, or property without due process of law. The right of any person to work may not be denied or abridged on account of membership or nonmembership in any labor union or labor organization. Violation of this section is a Class 2 misdemeanor.
Source:
SL 1947, ch 92, §§1, 5; SL 1955, ch 65, §1; SDC Supp 1960, §§17.1101 (1), 17.9914; SDCL §60-8-7; SL 1978, ch 359, §2; SL 2008, ch 276, §70.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 08 - Interference With Employment › Section 60-8-4 - Agreement denying free exercise of right to work as misdemeanor.

60-8-4. Agreement denying free exercise of right to work as misdemeanor.
Any agreement relating to employment, whether in writing or oral, which by its stated terms, or by implication, interpretation, or effect thereof, directly or indirectly denies, abridges, interferes with, or in any manner curtails the free exercise of the right to work by any citizen of the state of South Dakota, is a Class 2 misdemeanor.
Source:
SL 1947, ch 92, §§2, 5; SL 1955, ch 65, §1; SDC Supp 1960, §§17.1101 (2), 17.9914; SDCL, §60-8-7; SL 1978, ch 359, §2.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 08 - Interference With Employment › Section 60-8-5 - Coercion to enter into agreement denying free exercise of right to work as misdemeanor.

60-8-5. Coercion to enter into agreement denying free exercise of right to work as misdemeanor.
Any request, demand or threat made by any person to any employer or employee, to persuade or coerce such employer or employee to enter into an agreement violative of the provisions contained in §§60-8-3 and 60-8-4 and article VI, §2 of the state Constitution, is a Class 2 misdemeanor.
Source:
SL 1947, ch 92, §§3, 5; SL 1955, ch 65, §1; SDC Supp 1960, §§17.1101 (3), 17.9914; SDCL, §60-8-7; SL 1978, ch 359, §2.