62-1-4.1. Elementary, secondary and technical college students not employees--Exception for work in vocational education.
Notwithstanding the provisions of §62-1-5.1, students of elementary, secondary, and technical colleges are not employees within the meaning of this title. However, a school district or technical college, which provides a work experience educational class conducted off the school premises as a part of its vocational education program is the employer of those students who are receiving this training and experience and the students are school employees for the purposes of this title unless they are being paid a cash wage or salary by a private employer, or the person or firm providing the students the work experience elects to include them, by written agreement, in its workers' compensation insurance coverage.
Source: SL 1973, ch 314; SL 1982, ch 374; SL 2020, ch 61, § 55.
Structure South Dakota Codified Laws
Title 62 - Workers' Compensation
Chapter 01 - Definitions And General Provisions
Section 62-1-1 - Definition of terms.
Section 62-1-1.1 - Medical practitioner defined.
Section 62-1-1.2 - Determining impairment.
Section 62-1-2 - Employer defined.
Section 62-1-3 - Employee defined.
Section 62-1-4 - Municipal and county officers--Inclusion within definition of employee.
Section 62-1-6 - Conservation officers acting as law enforcement officers.
Section 62-1-8 - Nonprofit corporation complying with title--Executive officer as employee.
Section 62-1-9 - Citation of title.
Section 62-1-10 - Owner-operator of certain vehicles as independent contractor.
Section 62-1-14 - Promulgation of rules.
Section 62-1-15 - Evidence of injury supported by medical findings.
Section 62-1-16 - Employer civilly liable for retaliatory termination of employee--Burden of proof.
Section 62-1-17 - Discrimination in hiring based upon preexisting injury prohibited.
Section 62-1-19 - Independent contractor affidavit of exempt status--Rebuttable presumption.
Section 62-1-20 - Contents of affidavit of exempt status.
Section 62-1-21 - Providing false information on affidavit of exempt status as misdemeanor.
Section 62-1-22 - Acceptance of affidavit of exempt status not required.
Section 62-1-23 - Wheeler v. Cinna Bakers LLC regarding aggregation of wages abrogated.