Title 61, REEMPLOYMENT ASSISTANCE

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…

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 1…

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), (…

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 re…

As used in this title, the term, agricultural labor, includes all services performed: (1) On a farm, in the employ of any person, in connection with cultivating the soil or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising…

As used in this title, the term, employment, includes domestic service performed for a person who paid cash remuneration of one thousand dollars or more in the current calendar year or the preceding calendar year to individuals employed in such domestic service in any calendar qu…

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.

The term, employment, includes the service of an individual who is a citizen of the United States, performed outside the United States except in Canada, in the employ of an American employer (other than service which is deemed employment under § 61-1-26 or 61-1-27 or the parallel…

The term, employment, includes the service of an individual who is a citizen of the United States, performed outside the United States except in Canada, in the employ of an American employer other than service which is deemed employment under § 61-1-26 or 61-1-27 or the parallel …

The term, employment, includes the service of an individual who is a citizen of the United States, performed outside the United States except in Canada, or in the case of the Virgin Islands, after December thirty-first in the year the United States secretary of labor approves the…

The term, American employer, for the purposes of §§ 61-1-20 , 61-1-22 , and 61-1-23 means a person who is: (1) An individual who is a resident of the United States; or (2) A partnership if two-thirds or more of the partners are residents of the United States; or (3) A trust, if a…

Notwithstanding § 61-1-26 , the term, employment, includes all service performed by an officer or member of the crew of an American vessel on or in the connection with such vessel, if the operating office, from which the operations of such vessel operating on navigable waters wit…

As used in this chapter, the term, employment, includes an individual's entire service, performed within or both within and without this state if: (1) The service is localized in this state; or (2) The service is not localized in any state but some of the service is performed in …

Service is considered to be within a state if: (1) The service is performed entirely within the state; or (2) The service is performed both within and without the state, but the service performed without the state is incidental to the individual's service within the state, such a…

Services performed within this state but not covered under § 61-1-26 shall be deemed to be employment subject to this title if contributions are not required and paid with respect to such services under an unemployment compensation law of any other state or of the federal governm…

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, tru…

The term, employment, includes an individual's service, wherever performed within the United States, the Virgin Islands, or Canada, if: (1) The service is not covered under the reemployment assistance or unemployment compensation law of any other state, the Virgin Islands, or Can…

As used in this title, the term, employment, does not include service performed in the employ of the United States government or an instrumentality of the United States immune under the Constitution of the United States from the contributions imposed by this title. However, to th…

As used in this title, the term, employment, does not include service with respect to which reemployment assistance or unemployment compensation is payable under an unemployment compensation system established by an act of Congress. However, the Department of Labor and Regulation…

As used in this title, the term, employment, does not include employment specifically exempted from coverage under the Federal Unemployment Tax Act. Source: SDC 1939, § 17.0802 (7) (g) as added by SL 1968, ch 88 ; SL 2008, ch 277 , § 20; SDCL § 61-1-18.1 ; SL 2012, ch 252 , § 59.

As used in this title, the term, employment, does not include service performed in the employ of a foreign government, including service as a consular or other officer or employee or nondiplomatic representative. Source: SDC 1939, § 17.0802 (7) (g) (14) as added by SL 1941, ch 82…

As used in this title, the term, employment, does not include service performed in the employ of an instrumentality wholly owned by a foreign government: (1) If the service is of a character similar to that performed in foreign countries by employees of the United States governme…

For the purposes of §§ 61-1-13 and 61-1-15 the term, employment, does not apply to service performed: (1) In the employ of: (a) A church or convention or association of churches, or (b) An organization which is operated primarily for religious purposes and which is operated, supe…

As used in this title, the term, employment, does not include: (1) Service performed during a calendar quarter in the employ of an organization exempt from income tax under section 501(a)(other than an organization described in 401(a)) or under section 521 of the Federal Internal…

As used in this title, the term, employment, does not include: (1) Service performed as a student nurse in the employ of a hospital or nurses training school by an individual who is enrolled in and is regularly attending classes in a nurses training school chartered or approved p…

As used in this title, the term, employment, does not include service performed by an individual under the age of eighteen in the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution. …

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 …

As used in this title, the term, employment, does not include service performed by an individual for a person as an insurance agent or as an insurance solicitor, if all the services performed by the individual for the person is performed for remuneration solely by way of commissi…

As used in this title, the term, employment, does not include service performed by an individual in the employ of the individual's son, daughter, or spouse and service performed by a child under the age of twenty-one in the employ of the individual's father or mother. Source: SL …

If the services performed during one-half or more of any period by an individual for the person employing the individual constitute employment, all the services of the individual for the period are deemed to be employment; but if the services performed during more than one-half o…

As used in this title, the term, wages, means remuneration paid in a calendar year to an employee by an employer or the employer's predecessor for employment during any calendar year. The term includes remuneration in addition to the wages defined in this section which are subjec…

As used in this title, the term, wages, does not include payments received by members of the South Dakota National Guard for weekend training. Source: SL 1981, ch 368 , § 1; SL 2008, ch 277 , § 32; SDCL § 61-1-31.1 ; SL 2012, ch 252 , § 59.

As used in this title, the term, wages, does not include the amount of any payment with respect to services performed on behalf of any person in its employ under a plan or system established by an employing unit which makes provision for persons in its employ generally or for a c…

As used in this title, the term, wages, does not include the payment by an employing unit without deduction from the remuneration of the individual in its employ of the tax imposed upon an individual in its employ under section 3101 of the federal Internal Revenue Code. Source: S…

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 thi…

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…

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.

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…

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…

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 , §…

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 …

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…

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…

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 …

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…

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;…