South Dakota: employee or independent contractor?

The test depends on which law you're dealing with. A worker can be a contractor for one law and an employee for another.

LawTestStatute
Unemployment insurancepartial ABC (A and C)SDCL 61-1-11
Federal income tax, FICA, FUTAIRS common-law testIRS
Federal minimum wage and overtimeEconomic reality test (FLSA)DOL

How the statute words it

(1) free from control or direction over the performance of the service, both under his contract of service and in fact; (2) customarily engaged in an independently established trade, occupation, profession, or business.

Details and exceptions

Law: SDCL 61-1-11

Running payroll in South Dakota?

Recent changes

Last verified against the official source on October 9, 2026.

No changes recorded since we started tracking this page.

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Sources

We copy figures from official sources and re-check them against the source before every update. See our methodology. This is general information, not legal advice.