Independent Contractors: South Dakota
Federal law and guidance on this subject should be reviewed together with this section.
Author: Michael Cardman, XpertHR Legal Editor
- South Dakota courts primarily use a modified ABC Test to determine whether a worker is an employee or an independent contractor under the state's workers' compensation and unemployment laws, considering the right to control and whether a worker is customarily engaged in an independently established trade, occupation, profession or business. See Workers' Compensation and Unemployment Insurance.