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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