61-1-30. Service outside state controlled from within state.
The term, employment, includes an individual's service, wherever performed within the United States, the Virgin Islands, or Canada, if:
(1)The service is not covered under the reemployment assistance or unemployment compensation law of any other state, the Virgin Islands, or Canada; and
(2)The place from which the service is directed or controlled is in this state.
Source: SL 1936 (SS), ch 3, §19; SDC 1939, §17.0802 (7) (d); SL 1939, ch 86, §1; SL 1971, ch 276, §12; SL 2008, ch 277, §18; SDCL §61-1-15; SL 2012, ch 252, §59; SL 2019, ch 216, §3.
Structure South Dakota Codified Laws
Title 61 - Reemployment Assistance
Chapter 01 - Definitions And General Provisions
Section 61-1-1 - Definition of terms.
Section 61-1-2 - Department to administer title.
Section 61-1-3 - Employing unit defined.
Section 61-1-4 - Employer defined.
Section 61-1-5 - Successor employers subject to coverage.
Section 61-1-5.1 - Combined payrolls of predecessor and successor qualifying for coverage.
Section 61-1-6 - Employer subject to coverage by addition of another employing unit.
Section 61-1-7 - Extension of coverage to employment taxed under federal law.
Section 61-1-8 - Required coverage continues until terminated by law.
Section 61-1-9 - Elective coverage continues for period of election.
Section 61-1-10 - Employment defined.
Section 61-1-11 - Employee and independent contractor distinguished.
Section 61-1-12 - Agent-drivers, commission-drivers, and salesmen included.
Section 61-1-13 - Employment by state or instrumentalities included.
Section 61-1-15 - Employment by religious, charitable, educational, or other organization included.
Section 61-1-17 - Agricultural labor included--Criteria.
Section 61-1-18 - Services included within agricultural labor.
Section 61-1-19 - Certain domestic service included.
Section 61-1-20 - Foreign service for employer with principal place of business in state included.
Section 61-1-22 - Foreign service for employer resident in state included.
Section 61-1-23 - Elective coverage of foreign service.
Section 61-1-24 - American employer defined.
Section 61-1-25 - Crew members of American vessels included.
Section 61-1-27 - Service considered within state--Services in more than one state.
Section 61-1-28 - Services within state not covered by any other compensation law.
Section 61-1-30 - Service outside state controlled from within state.
Section 61-1-33 - Employment exempt under Federal Unemployment Tax Act.
Section 61-1-34 - Foreign government service exempt.
Section 61-1-35 - Instrumentalities of foreign governments exempt.
Section 61-1-36 - Exempt employment by churches, institutions and state.
Section 61-1-38 - Student nurses, interns, and hospital patients exempt.
Section 61-1-39 - Newspaper delivery by minors exempt.
Section 61-1-41 - Insurance agents and solicitors exempt.
Section 61-1-44 - Employment by close relative exempt.
Section 61-1-45 - Coverage determined by nature of employment for major part of pay period.
Section 61-1-46 - Wages defined--Maximum annual wages subject to coverage.
Section 61-1-47 - National Guard weekend training payments not deemed wages.
Section 61-1-48 - Employer's contributions to certain plans not deemed wages.
Section 61-1-49 - Social security tax payments not deemed wages.
Section 61-1-50 - Dismissal payments not deemed wages.
Section 61-1-51 - Week of unemployment defined.
Section 61-1-52 - Registration at employment office required to commence week of unemployment.
Section 61-1-53 - Rules covering temporary or partial employment.
Section 61-1-54 - Rules covering seasonal employment.
Section 61-1-55 - Title inoperative if federal tax inoperative--Disposition of unobligated funds.