South Dakota Codified Laws
Chapter 01 - Definitions And General Provisions
Section 61-1-54 - Rules covering seasonal employment.

61-1-54. Rules covering seasonal employment.
The Department of Labor and Regulation may, in accordance with rules promulgated by the department pursuant to chapter 1-26, determine whether an industry in this state is of a seasonal nature. The department shall promulgate rules pursuant to chapter 1-26 governing the benefit rights of those workers who are found to be engaged in a seasonal occupation.

Source: SDC 1939, §17.0802 (10) (d) as added by SL 1941, ch 83, §1; SDC Supp 1960, §17.0802 (10) (c); SL 1993, ch 375, §19; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011; SDCL §61-1-39; SL 2012, ch 252, §59.

Structure South Dakota Codified Laws

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 61-1-14 - Unemployment compensation funds for political subdivisions permitted--Expenditures from fund.

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 61-1-26 - Service within and without state included--Base of operations or residence as basis for coverage.

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 61-1-31 - Federal employment exempt--Payments permitted by Congress--Refund when state not certified.

Section 61-1-32 - Employment exempt when covered by federal compensation law--Agreements for reciprocal treatment.

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 61-1-37 - Incidental and student employment by educational institutions and nonprofit organizations exempt.

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.