60-1-7. Delivery facilitation contractor considered an independent contractor--Criteria--Services performed before July 1, 2022.
A delivery facilitation contractor is an independent contractor of a delivery facilitation platform if:
(1)The delivery facilitation contractor and delivery facilitation platform agree in writing that the delivery facilitation contractor is an independent contractor of the delivery facilitation platform;
(2)The delivery facilitation platform does not unilaterally prescribe specific hours during which the delivery facilitation contractor must be available to accept service requests submitted through the delivery facilitation platform's digital network;
(3)The delivery facilitation platform does not prohibit the delivery facilitation contractor from engaging in outside employment or performing services through another delivery facilitation platform except while the delivery facilitation contractor is performing services through the delivery facilitation platform's digital network; and
(4)The delivery facilitation platform may not terminate the contract of a delivery facilitation contractor for failure or refusal to accept service requests.
For services performed before July 1, 2022, a delivery facilitation contractor is considered an independent contractor of the delivery facilitation platform if the requirements of this section were satisfied at the time the services were performed.
Source: SL 2022, ch 188, ยง1.
Structure South Dakota Codified Laws
Title 60 - Labor and Employment
Chapter 01 - Nature And Terms Of Employment
Section 60-1-1 - Employee defined.
Section 60-1-2 - Contract of employment defined.
Section 60-1-3 - Relevancy of wage estimation period in determining term of employment.
Section 60-1-4 - Presumption as to monthly hiring.
Section 60-1-5 - Continuation in service--Renewal presumed on same terms.
Section 60-1-6 - Franchisee or employee of franchisee not an employee of franchisor.
Section 60-1-8 - Delivery facilitation contractor and delivery facilitation platform defined.