9 chapters · 371 sections in this title.
SDCL § 61-1-5.1 Combined payrolls of predecessor and successor qualifying for coverage
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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, togeth…
SDCL § 61-1-50 Dismissal payments not deemed wages
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As used in this title, the term, wages, does not include dismissal payments which the employing unit is not legally required to make. Source: SDC 1939, § 17.0802 (13) (d) as added by SL 1941, ch 82 , § 4; SL 2008, ch 277 , § 34; SDCL § 61-1-34 ; SL 2012, ch 252 , § 59.
SDCL § 61-1-51 Week of unemployment defined
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For the purposes of this title, an individual is considered unemployed in any calendar week during which the individual performs no service and with respect to which no wages or earnings are payable to the individual, or in any week of less than full-time work, if the wages or ea…
SDCL § 61-1-52 Registration at employment office required to commence week of unemployment
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For the purposes of this title, an individual's week of unemployment is deemed commenced only after the individual's registration at an employment office, except as the Department of Labor and Regulation may otherwise prescribe in rules promulgated pursuant to chapter 1-26 . Sour…
SDCL § 61-1-53 Rules covering temporary or partial employment
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The Department of Labor and Regulation shall promulgate rules pursuant to chapter 1-26 governing benefit eligibility of individuals whose employment is temporary or is other than full-time. Source: SDC 1939, § 17.0802 (10) (a) as added by SL 1941, ch 83 , § 1; SL 1963, ch 122 , §…
SDCL § 61-1-54 Rules covering seasonal employment
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The Department of Labor and Regulation may, in accordance with rules promulgated by the department pursuant to chapter 1-26 , determine whether an industry in this state is of a seasonal nature. The department shall promulgate rules pursuant to chapter 1-26 governing the benefit …
SDCL § 61-1-55 Title inoperative if federal tax inoperative--Disposition of unobligated funds
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If the tax imposed by title nine of the federal Social Security Act or any other federal tax against which contributions under this title may be credited, shall become inoperative, the provisions of this title shall become inoperative. Any unobligated fund in the state unemployme…
SDCL § 61-1-6 Employer subject to coverage by addition of another employing unit
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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 o…
SDCL § 61-1-7 Extension of coverage to employment taxed under federal law
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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 …
SDCL § 61-1-8 Required coverage continues until terminated by law
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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…
SDCL § 61-1-9 Elective coverage continues for period of election
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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;…