There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 62-1-3 — "Employee" defined.
62-1-3. "Employee" defined. As used in this title, unless the context otherwise plainly requires, the term "employee" shall mean every person, including a minor, in the services of another under any contract of employment, express or implied, (and including as to a deceased employee, his personal representative, dependents, and other persons to whom compensation may be payable), except:
(1) One whose employment is not in the
usual course of the trade, business, occupation, or profession of
the employer;
(2) Any official of the state or of any
subdivision of government elected or appointed for a regular term
of office or to complete the unexpired portion of any such term,
provided that the governing bodies of the various subdivisions may
elect to treat officials of the subdivisions as employees for the
purposes of this section.
Any employer
performing labor incidental to his occupation who has elected to
proceed under the provisions of § 58-20-3 by purchasing
workers' compensation insurance to cover himself, may be deemed to
be an employee under this section; provided, however, that nothing
in this section shall be construed as to affect that person's
rights as an employer for purposes of §§ 62-3-1 and
62-3-2.
Source: SL 1917, ch 376, §§ 8, 55; RC 1919, §§ 9443, 9490; SL 1929, ch 253; SDC 1939, § 64.0102 (2); SL 1943, ch 313; SL 1949, ch 441; SL 1951, ch 467; SL 1957, ch 493; SL 1959, ch 454; SL 1966, ch 262; SL 1975, ch 322, § 2.
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