reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 11 - Wages, Hours And Conditions Of Employment › Section 60-11-18 - Department may take assignment of employees' claims-- Prosecution--Joinder of actions.

60-11-18. Department may take assignment of employees' claims-- Prosecution--Joinder of actions.
The Department of Labor and Regulation may take assignments of wage claims, rights of action for penalties, provided by §§60-11-8 to 60-11-23, inclusive, not to exceed five hundred dollars in any case of any one claim without being bound by any of the technical rules with reference to the validity of such assignments. The department may prosecute actions for the collection of such claims of persons who, in the judgment of the department are entitled to the services of the department and who, in its judgment, have claims that are valid and enforceable in the courts. The department may join various claimants in one preferred claim or lien, and in case of suit to join them in one cause of action.
Source:
SL 1971, ch 274, §9; SL 2008, ch 276, §88; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 11 - Wages, Hours And Conditions Of Employment › Section 60-11-19 - Assignment of employees' claims in trust to department--Prosecution--Settlement and adjustment.

60-11-19. Assignment of employees' claims in trust to department--Prosecution--Settlement and adjustment.
If the Department of Labor and Regulation determines that wages have not been paid, and that the unpaid wages constitute an enforceable claim, the department shall upon the request of the employee take an assignment in trust for the wages or any claim for liquidated damages, without being bound by any of the technical rules respecting the validity of any such assignments and may bring any legal action necessary to collect the claim. With the consent of the assigning employee at the time of the assignment, the department may settle and adjust any such claim to the same extent as might the assigning employee.
Source:
SL 1971, ch 274, §10; SL 2008, ch 276, §89; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 11 - Wages, Hours And Conditions Of Employment › Section 60-11-20 - Promulgation of rules.

60-11-20. Promulgation of rules.
The Department of Labor and Regulation shall promulgate rules pursuant to chapter 1-26 to carry out the provisions of §§60-11-8 to 60-11-23, inclusive.
Source:
SL 1971, ch 274, §11; SL 1993, ch 375, §13; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 11 - Wages, Hours And Conditions Of Employment › Section 60-11-21 - Reciprocal agreements with other states for enforcement of wage claims.

60-11-21. Reciprocal agreements with other states for enforcement of wage claims.
The Department of Labor and Regulation may enter into reciprocal agreements with the labor department or corresponding agency of any other state or with the person, board, officer, or commission authorized to act for and on behalf of such department or agency, for the collection in such other state of claims or judgments for wages or other demands based upon claims previously assigned to the department.
Source:
SL 1971, ch 274, §12; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 11 - Wages, Hours And Conditions Of Employment › Section 60-11-22 - Maintenance of actions outside state by department--Assignment to other state for collection.

60-11-22. Maintenance of actions outside state by department--Assignment to other state for collection.
The Department of Labor and Regulation may, to the extent provided for by any reciprocal agreement entered into pursuant to the provisions of §60-11-21, or by the laws of any other state, maintain actions in the courts of such state for the collection of such claims for wages, judgments, and other demands and may assign such claims, judgments, and demands to the labor department or agency of such other state for collection to the extent that the same may be permitted or provided for by the laws of such state or reciprocal agreement.
Source:
SL 1971, ch 274, §13; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 11 - Wages, Hours And Conditions Of Employment › Section 60-11-23 - Actions in South Dakota on claims arising in other states--Reciprocation required.

60-11-23. Actions in South Dakota on claims arising in other states--Reciprocation required.
The Department of Labor and Regulation may, upon the written request of the labor department or other corresponding agency of any other state or any other person, board, officer, or commission of such state authorized to act for and on behalf of such labor department or corresponding agency, maintain actions in the courts of this state upon assigned claims for wages, judgments, and demands arising in such other state in the same manner and to the same extent that such actions by the Department of Labor and Regulation are authorized when arising in this state; provided, however, that such actions may be commenced and maintained only in those cases where such other state by appropriate legislation or by a reciprocal agreement extends a like comity to cases arising in this state.
Source:
SL 1971, ch 274, §14; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 11 - Wages, Hours And Conditions Of Employment › Section 60-11-24 - Action removed by defendant--Plaintiff's costs and attorney fees.

60-11-24. Action removed by defendant--Plaintiff's costs and attorney fees.
In any action for wages brought in small claims court which is removed to magistrate court or circuit court under § 15-39-57, the court may, in addition to awarding judgment to the plaintiff, allow costs of the action, including reasonable attorney fees, to be paid by the defendant.
Source:
SL 1983, ch 158, §1; SL 2021, ch 86, § 5.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 12 - Child Labor--Discrimination On Basis Of Sex › Section 60-12-1 - Maximum hours for children under sixteen--Exceptions--Misdemeanor.

60-12-1. Maximum hours for children under sixteen--Exceptions--Misdemeanor.
No unemancipated child under sixteen years of age may be employed for more than four hours in any school day, twenty hours in any school week, eight hours in any nonschool day, forty hours in any nonschool week, or after 10 p.m. in any day that precedes a school day. The provisions of this section do not apply to children employed as actors or performers in motion pictures, theatrical, radio, or television productions. The provisions of this section do not apply to roguing or detasselling of hybrid seedcorn for any nonschool day or nonschool week. The employment of a child in violation of this section is a Class 2 misdemeanor.
Source:
SDC 1939, §§17.0601, 17.9901; SDCL, §60-12-10; SL 1973, ch 303, §1; SL 1978, ch 359, §2; SL 1991, ch 411, §1; SL 1992, ch 360; SL 1994, ch 391.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 12 - Child Labor--Discrimination On Basis Of Sex › Section 60-12-1.1 - School day and school week defined.

60-12-1.1. School day and school week defined.
As used in this chapter, a school day is any day on which the child's own school or other educational program is operating and the child is expected to attend. A school week is a week during which the child's own school or other educational program is operating and the child is expected to attend.
Source:
SL 2014, ch 247, §2.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 12 - Child Labor--Discrimination On Basis Of Sex › Section 60-12-2 - Employment of child under fourteen years of age restricted--Violation as misdemeanor.

60-12-2. Employment of child under fourteen years of age restricted--Violation as misdemeanor.
No child under fourteen years of age may be employed at any time in any factory or workshop or about any mine, nor be employed in any mercantile establishment except during hours when the child's own school or other educational program is not in session and in no case after seven o'clock p.m. Violation of this section is a Class 2 misdemeanor.
Source:
SL 1913, ch 240, §§2, 8; RC 1919, §§10015, 10021; SL 1923, ch 308, §2; SDC 1939, §§17.0602, 17.9901; SDCL §60-12-10; SL 1978, ch 359, §2; SL 2008, ch 276, §90; SL 2014, ch 247, §1.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 12 - Child Labor--Discrimination On Basis Of Sex › Section 60-12-3 - Prohibited employment or exploitation of minors--Separate age limit for pumping fuel--Misdemeanor--Employment by parents excepted--License, permit, or certificate for agricultural employment.

60-12-3. Prohibited employment or exploitation of minors--Separate age limit for pumping fuel--Misdemeanor--Employment by parents excepted--License, permit, or certificate for agricultural employment.
No child under sixteen years of age may be employed at any time in any occupation dangerous to life, health, or morals, nor may any child be in any manner exploited by any employer. However, it is permissible to employ children over fourteen years of age to dispense gasoline, gasohol, diesel fuel, and oil at gasoline service establishments. Violation of this section is a Class 2 misdemeanor. This section does not apply to minors employed by their parents or to minors who have successfully completed a safety course and received a license, permit, or certificate from a state or federal agency to operate agricultural equipment or otherwise to be employed in any occupation in an agricultural occupation within the scope of the license, permit, or certificate.
Source:
SDC 1939, §§17.0602, 17.9901; SDCL, §60-12-10; SL 1976, ch 320; SL 1977, ch 419; SL 1978, ch 359, §2; SL 1980, ch 362, §2; SL 1991, ch 411, §2; SL 1993, ch 376; SL 1999, ch 260, §3.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 12 - Child Labor--Discrimination On Basis Of Sex › Section 60-12-5 - Labor of minor necessary for support--Permit authorizing employment.

60-12-5. Labor of minor necessary for support--Permit authorizing employment.
If it appears upon investigation that the labor of a minor who would otherwise be barred from employment by law is necessary for the minor's support or that of the family to which the minor belongs, the Department of Labor and Regulation may issue a permit authorizing employment within certain hours to be fixed therein.
Source:
SL 1913, ch 240, §5; RC 1919, §10018; SDC 1939, §17.0604; SL 1991, ch 411, §4; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 12 - Child Labor--Discrimination On Basis Of Sex › Section 60-12-6 - Records of employment of children required--Public inspection--Misdemeanor.

60-12-6. Records of employment of children required--Public inspection--Misdemeanor.
Every employer shall keep a list of all persons employed under the provisions of §60-12-5 and shall keep the required certificates and permits filed therewith and open to inspection at all times by any person interested or any public official. Violation of this section is a Class 2 misdemeanor.
Source:
SL 1913, ch 240, §§3, 8; RC 1919, §§10016, 10021; SDC 1939, §§17.0605, 17.9901; SDCL, §60-12-10; SL 1978, ch 359, §2.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 12 - Child Labor--Discrimination On Basis Of Sex › Section 60-12-7 - Cleanliness, ventilation and rest rooms in shops employing children--Dressing rooms--Misdemeanor.

60-12-7. Cleanliness, ventilation and rest rooms in shops employing children--Dressing rooms--Misdemeanor.
Every factory, mill, or workshop where children are employed shall be kept clean, be properly ventilated and provided with rest rooms for the separate use of male and female employees, and at all times kept in a sanitary condition. Whenever the labor is such as to require a change of clothing separate dressing rooms shall be provided for the sexes. Violation of this section is a Class 2 misdemeanor.
Source:
SL 1913, ch 240, §§6, 8; RC 1919, §§10019, 10021; SDC 1939, §§17.0606, 17.9901; SDCL, §60-12-10; SL 1973, ch 303, §3; SL 1978, ch 359, §2.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 12 - Child Labor--Discrimination On Basis Of Sex › Section 60-12-8 - Cleanliness of interior of factory--Misdemeanor.

60-12-8. Cleanliness of interior of factory--Misdemeanor.
The interior of every factory or workshop in this state where children are employed shall be cleaned or painted at least once in every twelve months. Every floor of any room in any such factory or workshop shall be thoroughly cleaned at least once in two weeks and every dressing room and rest room therein or connected therewith shall be thoroughly cleaned once every week. Violation of this section is a Class 2 misdemeanor.
Source:
SL 1913, ch 240, §§7, 8; RC 1919, §§10020, 10021; SDC 1939, §§17.0606, 17.9901; SDCL, §60-12-10; SL 1973, ch 303, §4; SL 1978, ch 359, §2.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 12 - Child Labor--Discrimination On Basis Of Sex › Section 60-12-9 - Seats for children required--Violation as misdemeanor.

60-12-9. Seats for children required--Violation as misdemeanor.
In any mercantile or manufacturing establishment, hotel, or restaurant where children are employed, suitable seats shall be maintained in the room where such employees work and such use thereof permitted as may be necessary for preservation of the health of such employees. Violation of this section is a Class 2 misdemeanor.
Source:
SL 1913, ch 240, §§8, 9; RC 1919, §§10021, 10022; SDC 1939, §§17.0606, 17.9901; SDCL §60-12-10; SL 1973, ch 303, §5; SL 1978, ch 359, §2; SL 2008, ch 276, §91.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 12 - Child Labor--Discrimination On Basis Of Sex › Section 60-12-11 - Enforcement of child labor laws.

60-12-11. Enforcement of child labor laws.
The Department of Labor and Regulation shall enforce all the laws of this state relative to employment of children.
Source:
SL 1949, ch 215, §3; SDC Supp 1960, §17.1003 (2); SL 1973, ch 303, §6; SL 2008, ch 276, §92; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 12 - Child Labor--Discrimination On Basis Of Sex › Section 60-12-12 - Investigation of complaints by department--Criminal prosecution.

60-12-12. Investigation of complaints by department--Criminal prosecution.
The Department of Labor and Regulation shall investigate any complaint made to the department as to violation of any of the laws of this state relative to employment of children, and independently without complaint shall at all times endeavor to ascertain violations of these laws. The department shall file criminal complaints against any violator of any law relating to employment of children. The department need not furnish security for costs as complainant in any action or proceeding instituted by the department.
Source:
SL 1949, ch 215, §3; SDC Supp 1960, §17.1003 (2); SL 1973, ch 303, §7; SL 2008, ch 276, §93; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 12 - Child Labor--Discrimination On Basis Of Sex › Section 60-12-13 - Visitation and inspection of places of employment by department.

60-12-13. Visitation and inspection of places of employment by department.
All places where children are employed and whose employment is in any manner regulated by law, shall at all times be subject to the visitation and inspection of the Department of Labor and Regulation.
Source:
SL 1949, ch 215, §3; SDC Supp 1960, §17.1003 (2); SL 1973, ch 303, §8; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 12 - Child Labor--Discrimination On Basis Of Sex › Section 60-12-14 - Superintendent's visitation of places of employment.

60-12-14. Superintendent's visitation of places of employment.
Every factory, workshop, mine, mercantile establishment, or other place in or in connection with which children are engaged at labor of any kind shall at all times be subject to visitation by the superintendent of schools of the school district in which located or of the child's residence.
Source:
SL 1949, ch 215, §3; SDC Supp 1960, §17.1003 (2); SL 1973, ch 303, §9.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 12 - Child Labor--Discrimination On Basis Of Sex › Section 60-12-15 - Equal pay for equal work--Discrimination based on sex prohibited.

60-12-15. Equal pay for equal work--Discrimination based on sex prohibited.
No employer may discriminate between employees on the basis of sex, by paying wages to any employee in any occupation in this state at a rate less than the rate at which the employer pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort, and responsibility, but not to physical strength.
Source:
SL 1966, ch 64, §1; SL 2008, ch 276, §94.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 12 - Child Labor--Discrimination On Basis Of Sex › Section 60-12-16 - Differentials excluded from prohibition.

60-12-16. Differentials excluded from prohibition.
Differentials which are paid pursuant to established seniority systems, job descriptive systems, merit increase systems, or executive training programs, which do not discriminate on the basis of sex, are not within the prohibition of §60-12-15.
Source:
SL 1966, ch 64, §1.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 12 - Child Labor--Discrimination On Basis Of Sex › Section 60-12-17 - Terms and conditions of employment--Employers required to maintain records.

60-12-17. Terms and conditions of employment--Employers required to maintain records.
Each employer of more than twenty-five persons shall make, keep, and maintain the records of the wage and wage rates, job classifications, and other terms and conditions of employment of each person employed, and shall preserve the records for a reasonable period of time.
Source:
SL 1966, ch 64, §2; SL 2008, ch 276, §95.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 12 - Child Labor--Discrimination On Basis Of Sex › Section 60-12-18 - Liability of employer for sex discrimination in wages--Other remedies unimpaired.

60-12-18. Liability of employer for sex discrimination in wages--Other remedies unimpaired.
An employer who violates the provisions of §60-12-15 is liable to an employee affected in the amount of the employee's unpaid wages.
Action to recover the liability may be maintained in a court of competent jurisdiction by one or more employees for themselves and other employees similarly situated. The court in the action may in addition to a judgment awarded to the plaintiff, allow a reasonable attorney fee to be paid by the defendant and costs. This section does not limit a cause of action under chapter 20-13.
Source:
SL 1966, ch 64, §3; SL 1978, ch 153, §9; SL 2008, ch 276, §96.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 12 - Child Labor--Discrimination On Basis Of Sex › Section 60-12-19 - Action to recover unpaid wages--Agreement to work for less no defense.

60-12-19. Action to recover unpaid wages--Agreement to work for less no defense.
An agreement by an employee to work for less than the wage to which such employee is entitled to under §§60-12-15 to 60-12-21, inclusive, is not a defense to the action.
Source:
SL 1966, ch 64, §3.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 12 - Child Labor--Discrimination On Basis Of Sex › Section 60-12-20 - Time for commencement of action for unpaid wages.

60-12-20. Time for commencement of action for unpaid wages.
Court action under §60-12-18 may be commenced no later than two years after the cause of action occurs.
Source:
SL 1966, ch 64, §3.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 12 - Child Labor--Discrimination On Basis Of Sex › Section 60-12-21 - Employer prohibited from threatening employee to prevent enforcement of discrimination provisions.

60-12-21. Employer prohibited from threatening employee to prevent enforcement of discrimination provisions.
No employer may, for the purpose of dissuading an employee from preferring charges or giving information against the employer or testifying against the employer in an action brought under §60-12-18, threaten termination of the employ of the employee or other retaliatory action, or terminate the employ of the employee or take other retaliatory action.
Source:
SL 1966, ch 64, §4; SL 2008, ch 276, §97.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 13 - Employee Benefit Trusts › Section 60-13-1 - Trust for benefit of employees not invalidated by rule against perpetuities.

60-13-1. Trust for benefit of employees not invalidated by rule against perpetuities.
A trust of real or personal property, or real and personal property combined, created by an employer as part of a stock bonus pension, disability, death benefit, insurance, endowment, annuity or profit sharing plan for the benefit of some or all of the employer's employees, to which contributions are made by the employer or employees, or both, for the purpose of distributing to the employees the earnings or the principal, or both earnings and principal, of the fund held in trust, may continue in perpetuity or for such time as may be necessary to accomplish the purpose for which it is created. No such trust is invalid for violating any rule of law against perpetuities or suspension of the power of alienation of the title to property.
Source:
SDC 1939, §59.0119 as enacted by SL 1955, ch 428; SL 2008, ch 276, §98.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 13 - Employee Benefit Trusts › Section 60-13-2 - Validity of prior trust for benefit of employees.

60-13-2. Validity of prior trust for benefit of employees.
No rule of law against perpetuities or suspension of the power of alienation of the title to property may operate to invalidate any trust created or attempted to be created, prior to July 1, 1955, by an employer as part of a stock bonus, pension, disability, death benefit, insurance, endowment, annuity or profit sharing plan for the benefit of some or all of the employer's employees to which contributions are made by the employer or employees, or both, for the purpose of distributing to the employees earnings or principal, or both earnings and principal of the fund held in trust.
Source:
SDC 1939, §59.0119 as enacted by SL 1955, ch 428; SL 2008, ch 276, §99.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 14 - Nannies › Section 60-14-1 - Definition of terms.

60-14-1. Definition of terms.
Terms used in this chapter mean:
(1)"Applicant," any person seeking employment as a nanny;
(2)"Employer," any person seeking to employ or employing a nanny;
(3)"Nanny," any person who provides child care and sometimes light housekeeping in the home of the child;
(4)"Nanny agency," or "agency," any person or firm who for a fee undertakes to bring potential nannies and employers together for the purpose of entering into an employment contract.
Source:
SL 1991, ch 412, §1.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 14 - Nannies › Section 60-14-3 - Contract between agency and employer--Specifications.

60-14-3. Contract between agency and employer--Specifications.
A nanny agency shall execute a contract with and provide a copy of it to a prospective employer who uses its services. The contract shall specify the services that the agency provides to the employer both before and after placement, including any training provided to applicants; information to be provided on applicants, including age, background, education and training; and the obligations of the employer to the agency, including the terms of payment for the agency's services. The agency shall provide a copy of this chapter without charge to the employer before the contract is signed.
Source:
SL 1991, ch 412, §3.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 14 - Nannies › Section 60-14-4 - Contract between agency and applicant.

60-14-4. Contract between agency and applicant.
A nanny agency shall execute a contract with and provide a copy of it to an applicant who uses its services. The contract shall specify the services that the agency provides to the applicant both before and after placement, including any training provided; information to be provided on prospective employers, including age, background, number of children to be cared for and other items specified in §60-14-5; and the obligations of the applicant to the agency, including the terms of payment for the agency's services. The agency shall provide a copy of this chapter without charge to the applicant before the contract is signed.
Source:
SL 1991, ch 412, §4.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 14 - Nannies › Section 60-14-5 - Employment contract between prospective employer and nanny applicant.

60-14-5. Employment contract between prospective employer and nanny applicant.
Any employment contract between a prospective employer and an applicant executed as a result of services obtained through a nanny agency shall include:
(1)The term of employment;
(2)The specific child care and housekeeping duties required of the nanny;
(3)Any special care requirements of the child;
(4)Any special qualifications required of the nanny;
(5)The regular working hours of the nanny and any overtime work expected;
(6)Compensation, including room and board if provided, for regular and overtime work and provisions for payment of compensation;
(7)Provisions for time off and for sick and vacation leave;
(8)Provisions for transportation while the nanny is employed and responsibility for transportation costs between the homes of the nanny and the employer;
(9)A description of lodging arrangements for the nanny; and
(10)Any other financial or working provisions agreed upon.
Copies of the contract shall be provided to both parties.
The prospective employer and the applicant shall provide to each other the names, addresses and telephone numbers of three references before the contract is signed.
Source:
SL 1991, ch 412, §5.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 14 - Nannies › Section 60-14-6 - Contract between employer and nanny voidable--Liability for costs.

60-14-6. Contract between employer and nanny voidable--Liability for costs.
Any contract between a prospective employer and nanny is voidable if the requirements of this chapter are not met. A nanny agency that does not comply with this chapter is civilly liable for all costs incurred by the employer or the nanny that are associated with a voided or breached nanny employment contract.
Source:
SL 1991, ch 412, §7.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-2 - Department to administer title.

61-1-2. Department to administer title.
The Department of Labor and Regulation shall administer this title.
Source:
SDC 1939, §17.0801 as added by SL 1947, ch 88, §1; SL 2008, ch 277, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-3 - Employing unit defined.

61-1-3. Employing unit defined.
As used in this title, the term, employing unit, means an individual or type of organization, including any partnership, limited liability company, association, trust, estate, joint-stock company, insurance company or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof, or the legal representative of a deceased person, which has had in its employ one or more individuals performing services for it within this state. Each individual performing services within this state for any employing unit which maintains two or more separate establishments within this state is deemed to be employed by a single employing unit for all the purposes of this title. Each individual employed to perform or to assist in performing the work of any agent or employee of an employing unit is deemed to be employed by the employing unit for all the purposes of this title, whether the individual was hired or paid directly by the employing unit or by the agent or employee, if the employing unit had actual or constructive knowledge of the work.
For purposes of this title, an employing unit includes a common paymaster. As used in this section, the term, common paymaster, means a business entity that disburses remuneration to employees of two or more business entities on behalf of the other business entities and is responsible for keeping books and records for the payroll with respect to the employees. The amount disbursed to an individual employed concurrently by two or more related business entities is determined by 26 U.S.C. §3306(p) as of January 1, 2022. The department shall promulgate rules pursuant to chapter 1-26 to determine when a common paymaster relationship exists between business entities.
Source: SDC 1939, §17.0802 (5); SL 1939, ch. 85; SL 1943, ch 77, §1; SL 1994, ch 351, §166; SL 2008, ch 277, §2; SL 2022, ch 189, §1.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-4 - Employer defined.

61-1-4. Employer defined.
As used in this title, the term, employer, means:
(1)For each calendar year, any employing unit which:
(a)In any calendar quarter in either the current or preceding calendar year paid for service in employment wages of one thousand five hundred dollars or more; or
(b)For some portion of a day in each of twenty different calendar weeks, whether or not such weeks were consecutive, in either the current or the preceding calendar year, had in employment at least one individual (irrespective of whether the same individual was in employment in each such day);
(2)Any employing unit for which service in employment, as defined in §61-1-13, is performed;
(3)Any employing unit for which service in employment, as defined in §61-1-15, is performed;
(4)Any employing unit for which agricultural labor as defined in §61-1-18 is performed, subject to subdivision 61-1-17(1);
(5)Any employing unit for which domestic service in employment as defined in §61-1-19 is performed.
In determining whether or not an employing unit for which service other than domestic service is also performed is an employer under subdivision (1), (2), (3), or (4) of this section the wages earned on the employment of an employee performing domestic service, may not be taken into account.
In determining whether or not an employing unit for which service other than agricultural labor is also performed is an employer under subdivision (1), (2), (3), or (5) of this section, the wages earned or the employment of an employee performing service in agricultural labor, may not be taken into account. If an employing unit is determined to be an employer of agricultural labor, the employing unit shall be determined an employer for the purposes of subdivision (1) of this section.
Source:
SL 1936 (SS), ch 3, §19; SDC 1939, §17.0802 (6) (a); SL 1939, ch 86, §1; SL 1953, ch 76, §1; SL 1955, ch 60; SL 1971, ch 276, §§5 to 7; SL 1973, ch 304, §2; SL 1977, ch 420, §§2 to 7; SL 1982, ch 28, §16; SL 1993, ch 377, §2; SL 2008, ch 277, §3; SL 2013, ch 258, §5.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-5 - Successor employers subject to coverage.

61-1-5. Successor employers subject to coverage.
As used in this title, the term, employer, includes any individual, group of individuals, or employing unit which acquired the organization, trade, or business, or substantially all the assets thereof, of another which at the time of the acquisition was an employer subject to this title.
Source:
SL 1936 (SS), ch 3, §19; SDC 1939, §17.0802 (6) (b); SL 1939, ch 86, §1; SL 2008, ch 277, §4.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-5.1 - Combined payrolls of predecessor and successor qualifying for coverage.

61-1-5.1. Combined payrolls of predecessor and successor qualifying for coverage.
Any employing unit which acquired the organization, trade, or business, or substantially all the assets of another employing unit if such employing unit subsequent to such acquisition, and such acquired unit prior to such acquisition, both within the same calendar quarter, together paid for service in employment wages totaling one thousand five hundred dollars or more shall be an employer under §61-1-4.
Source:
SL 1971, ch 276, §8.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-6 - Employer subject to coverage by addition of another employing unit.

61-1-6. Employer subject to coverage by addition of another employing unit.
As used in this title, the term, employer, includes any individual, group of individuals or employing unit which acquired the organization, trade, or business, or substantially all of the assets thereof, of another employing unit and which, if treated as a single unit with such other employing unit would be an employer under §61-1-4.
Source:
SL 1936 (SS), ch 3, §19; SDC 1939, §17.0802 (6) (c); SL 1939, ch 86, §1; SL 2008, ch 277, §5.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-7 - Extension of coverage to employment taxed under federal law.

61-1-7. Extension of coverage to employment taxed under federal law.
If a tax is imposed by the Federal Unemployment Tax Act, in either its present form or as hereafter amended, upon employing units, employment, services, or wages not otherwise covered by this title, then notwithstanding any other provision of this title, services with respect to which a tax is required to be paid under any federal law imposing a tax against which credit may be taken for contributions required to be paid into a state unemployment fund or which as a condition for full tax credit against the tax imposed by the Federal Unemployment Tax Act is required to be covered under this title.
Source:
SDC 1939, §17.0802 (6) (e) as added by SL 1939, ch 86, §1; SL 1951, ch 94, §1; SL 1971, ch 276, §9.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-8 - Required coverage continues until terminated by law.

61-1-8. Required coverage continues until terminated by law.
As used in this title, the term, employer, includes any employing unit which, having become an employer under subdivision 61-1-4(2), or under any of §§61-1-5 to 61-1-7, inclusive, has not, under §§61-5-11, 61-5-15, and 61-5-17, ceased to be an employer subject to this title.
Source:
SL 1936 (SS), ch 3, §19; SDC 1939, §17.0802 (6) (e); SL 1939, ch 86, §1; SDC Supp 1960, §17.0802 (6) (f); SL 2008, ch 277, §6; SL 2013, ch 258, §6.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-9 - Elective coverage continues for period of election.

61-1-9. Elective coverage continues for period of election.
As used in this title, the term, employer, includes for the effective period of its election pursuant to §§61-5-3 to 61-5-5, inclusive, §61-5-32 and §61-5-33, any other employing unit which has elected to become fully subject to this title.
Source:
SL 1936 (SS), ch 3, §19; SDC 1939, §17.0802 (6) (f); SL 1939, ch 86, §1; SDC Supp 1960, §17.0802 (6) (g); SL 2008, ch 277, §7; SL 2013, ch 258, §7.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-10 - Employment defined.

61-1-10. Employment defined.
The term, employment, means any service performed, including service in interstate commerce, by:
(1)Any officer of a corporation; or
(2)Any individual who, under the usual common-law rules applicable in determining the employer-employee relationship has the status of an employee.
Source:
SL 1936 (SS), ch 3, §19; SDC 1939, §17.0802 (7) (a); SL 1939, ch 86, §1; SL 1941, ch 82, §2; SL 1968, ch 87; SL 1971, ch 276, §10; SL 2008, ch 277, §8.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-11 - Employee and independent contractor distinguished.

61-1-11. Employee and independent contractor distinguished.
Service performed by an individual for wages is employment subject to this title unless and until it is shown to the satisfaction of the Department of Labor and Regulation that:
(1)The individual has been and will continue to be free from control or direction over the performance of the service, both under his contract of service and in fact; and
(2)The individual is customarily engaged in an independently established trade, occupation, profession, or business.
Source:
SL 1936 (SS), ch 3, §19; SDC 1939, §17.0802 (7) (f); SL 1939, ch 86, §1; SL 1971, ch 276, §11; SL 1985, ch 397; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-12 - Agent-drivers, commission-drivers, and salesmen included.

61-1-12. Agent-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.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-13 - Employment by state or instrumentalities included.

61-1-13. Employment by state or instrumentalities included.
As used in this title, the term, employment, includes:
(1)Service performed by an individual in the employ of this state or any of its instrumentalities or in the employ of this state and one or more other states or their instrumentalities for a hospital or institution of higher education located in this state;
(2)Service performed by an individual in the employ of this state or of its instrumentalities or any instrumentality which is wholly owned by this state and one or more other states; and
(3)Service performed by an individual in the employ of any political subdivision of this state or any instrumentality of any one or more of the foregoing which is wholly owned by this state and one or more other states or political subdivisions, or any service performed in the employ of any instrumentality of this state or any political subdivision thereof, and one or more other states or political subdivisions.
However, such service is excluded from employment as defined in the Federal Unemployment Tax Act of 1939, as amended to January 1, 1977, solely by reason of section 3306(c)(7) of that act and is not excluded from employment under §61-1-36.
Source:
SDCL §61-1-10 (2) as enacted by SL 1971, ch 276, §10; SL 1973, ch 304, §1; SL 1974, ch 325, §1; SL 1977, ch 420, §8; SL 2008, ch 277, §10; SDCL §61-1-10.2; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-14 - Unemployment compensation funds for political subdivisions permitted--Expenditures from fund.

61-1-14. Unemployment compensation funds for political subdivisions permitted--Expenditures from fund.
The governing body of any political subdivision may establish an unemployment insurance compensation fund. Expenditures from the fund shall be made only for payment of reemployment assistance or unemployment insurance claims pursuant to the Federal Unemployment Insurance Act of 1939 as amended on January 1, 2005, and state law. Notwithstanding the provisions of §§7-21-25 and 9-21-9, expenditures from the fund may be made without specific appropriations authority.
Source:
SL 1977, ch 58; SL 2005, ch 282, §1; SDCL §61-1-16.1; SL 2012, ch 252, §59; SL 2019, ch 216, §2.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-15 - Employment by religious, charitable, educational, or other organization included.

61-1-15. Employment by religious, charitable, educational, or other organization included.
The term, employment, includes services performed by an individual in the employ of a religious, charitable, educational, or other organization, but only if the following conditions are met and if such services are not excluded from employment under subdivision 61-1-36(1), (2), (3), (4), (5), or (6):
(1)The service is excluded from employment as defined in the Federal Unemployment Tax Act as amended, January 1, 1977, solely by reason of section 3306(c)(8) service performed in the employ of a religious, charitable, educational, or other organization described in section 501(c)(3) which is exempt from the income tax under 501(a) of the federal act; and
(2)The organization had four or more individuals in employment for some portion of a day in each of twenty different weeks, whether or not such weeks were consecutive, within either the current or preceding calendar year, regardless of whether they were employed at the same moment of time.
Source:
SDCL §61-1-10 (3) as enacted by SL 1971, ch 276, §10; SL 1974, ch 325, §2; SL 1977, ch 420, §9; SL 2008, ch 277, §11; SDCL §61-1-10.3; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-17 - Agricultural labor included--Criteria.

61-1-17. Agricultural labor included--Criteria.
As used in this title, the term, employment, includes service performed by an individual in agricultural labor as defined in §61-1-18 when:
(1)The service is performed for a person who:
(a)During any calendar quarter in either the current or the preceding calendar year paid remuneration in cash of twenty thousand dollars or more to individuals employed in agricultural labor; or
(b)For some portion of a day in each of twenty different calendar weeks, whether or not the weeks were consecutive, in either the current or the preceding calendar year, employed in agricultural labor ten or more individuals, regardless of whether they were employed at the same moment of time; or
(2)For the purpose of this section any individual who is a member of a crew furnished by a crew leader to perform service in agricultural labor for any other person shall be treated as an employee of the crew leader:
(a)If the crew leader holds a valid certificate of registration under the Farm Labor Contractor Registration Act of 1963 as amended to January 1, 1977; or substantially all the members of the crew operate or maintain tractors, mechanized harvesting, or crop-dusting equipment, or any other mechanized equipment, which is provided by the crew leader; and
(b)If the individual is not an employee of the other person within the meaning of §61-1-24; or
(3)For the purposes of this section, in the case of any individual who is furnished by a crew leader to perform service in agricultural labor for any other person and who is not treated as an employee of the crew leader under subdivision (2) of this section:
(a)Such other person and not the crew leader shall be treated as the employer of the individual; and
(b)Such other person shall be treated as having paid cash remuneration to the individual in an amount equal to the amount of cash remuneration paid to the individual by the crew leader either on the crew leader's own behalf or on behalf of such other person for the service in agricultural labor performed for such other person; or
(4)For the purposes of this section, the term, crew leader, means an individual who:
(a)Furnishes individuals to perform service in agricultural labor for any other person;
(b)Pays (either on the crew leader's own behalf or on behalf of such other person) the individuals so furnished by the crew leader for the service in agricultural labor performed by them; and
(c)Has not entered into a written agreement with such other person under which the individual is designated as an employee of such other person.
Source:
SL 1936 (SS), ch 3, §19; SDC 1939, §17.0802 (7) (g) (1); SL 1939, ch 86, §1; SL 1941, ch 82, §3; SL 1977, ch 420, §15; SL 2008, ch 277, §25; SDCL §61-1-24; SL 2012, ch 252, §59.