South Dakota Employment of Independent Contractors Package

State:
Multi-State
Control #:
US-P60701-PKG
Format:
Word; 
Rich Text
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Description

Package containing Sample Employment Forms for Independent Contractors
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FAQ

Independent contractors typically do not receive the same rights afforded to employees and are responsible for their own retirement plans, insurance and other benefits. When you work as an independent contractor, you are an individual entity.

A 1099 worker is a freelancer, independent contractor, or other self-employed worker that completes particular jobs or assignments; they are not employees of the company.

Other breaks (such as 15 minute ?coffee? breaks) are not required by law, but must be paid breaks if they are offered by the employer. Overtime pay must be paid at one and one-half times the employee's regular rate of pay for hours worked over forty in any work week.

The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done. If you are an independent contractor, then you are self-employed.

Q: What does the state law require for rest/meal periods? A: South Dakota does not have a law that requires an employer to provide rest breaks or meal periods. This is a matter of employer policy. The Fair Labor Standards Act (federal) also does not require breaks.

The FLSA does not require meal or break periods. Makes the distinction between rest periods of 5 to 20 minutes and compensable waiting time or on-call time, all of which are paid work time.

A: South Dakota does not have a law that requires an employer to provide rest breaks or meal periods. This is a matter of employer policy.

Nonexempt Status - The Fair Labor Standards Act requires that all employees that are not exempt be entitled to overtime pay (compensatory time off - public employers) of at least one-and-one-half times (1 ½) his/her regular rate for hours worked in excess of 40 in any workweek.

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South Dakota Employment of Independent Contractors Package