36-21A-124. Employment status--Independent contractor.For purposes of determining employment status, any broker, broker associate, and salesperson who is a natural person and licensed under this chapter is engaged in an independently established profession. Any such licensee is an independent contractor if:(1)The licensed broker with whom the licensee is affiliated does not specify by other than general policy the time, method, and location of the licensee's services; and(2)The licensed broker with whom the licensee is affiliated compensates the licensee on the basis of work performed without withholding and remitting federal income and social security taxes; and(3)The licensed broker with whom the licensee is affiliated provides only incidental supplies, equipment, and facilities, while the licensee assumes responsibility for vehicular, educational, and other significant professionally related expenses; and(4)Either party to the relationship may terminate it at will and without liability. Source: SL 1995, ch 222.
South Dakota Legal Code