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18 chapters · 155 sections in this title.
SDCL § 60-1-1 Employee defined
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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…
SDCL § 60-1-2 Contract of employment defined
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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.
SDCL § 60-1-3 Relevancy of wage estimation period in determining term of employment
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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 .
SDCL § 60-1-4 Presumption as to monthly hiring
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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…
