South Dakota

US Department of Labor signs agreement to protect workers from misclassification with South Dakota Department of Labor and Regulation 

    The United States Department of Labor (DOL) announced that it signed an agreement with South Dakota to share information and conduct joint investigations.  The news brief stated: The U.S. Department of Labor’s Wage and Hour Division and the South Dakota Department of Labor and Regulation signed a three-year Memorandum of Understanding intended to protect employees’…

Legislator Introduces Bill Creating Affidavit Declaring Independent Contractor Status

South Dakota State Map and Flag

From WorkCompCentral (subscription required), Ben Miller reports that 9 legislators in South Dakota support legislation that would allow a worker to file an affadavit to be an independent contractor and would then be exempt from the workers’ compensation statute. One of the risks of engaging with an independent contractor is the possibility that s/he is injured while…

Eighth Circuit: Doctor Is Unable to Maintain Employment Claims Due to Determination of Independent Contractor Status

Nathan S. Gibson - doctor photo

From JD Supra, Hinshaw & Culbertson LLP write:  “On appeal in the case, Alexander  v. Avera St. Luke’s Hosp., No. 13-2592 (8th Cir. Sep. 30, 2014), the Eighth Circuit considered the appropriate tests for independent contractor under the laws implicated. The court held that under the ADA and ADEA, the term “employee” meant the common-law master-servant relationship…

South Dakota Lawmakers may have to decide who qualifies for worker’s comp

From the Rapid City Journal — “The Legislature might be asked to clarify a worker’s compensation issue that recently developed in South Dakota — namely whether subcontractors must be covered by worker’s compensation insurance.If not, the public may end up paying more to ensure workers are covered by insurance in emergencies.A company that sells worker-compensation…