Title 60 — LABOR AND EMPLOYMENT

Source: SL 2022, ch 188 , § 2.

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 1…

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.

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 .

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…

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; …

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.

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 deliv…

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 deliver…

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, u…

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 19…

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 …

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 greate…

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, § 17.03…

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 empl…

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…

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 187…

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, …

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 1…

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 anythin…

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 emplo…

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 …

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 th…

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.

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.

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, §…

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…

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 imp…

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; R…

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, 114…

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…

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, § 1…

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, § 14…

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 o…

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…

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 b…

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;…

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 injur…

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.

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, …

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, § 17.04…

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 …

Ord. 11-1 ), § 33, eff. Apr. 12, 2011. 60-5-12. Repealed by SL 2008, ch 276 , § 34.

Ord. 11-1 ), § 33, eff. Apr. 12, 2011.

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…

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

Executed.

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…

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 suspect…

Repealed by SL 1993, ch 375 , § 8.