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S.D. Codified Laws § 60-1-4

Presumption as to monthly hiring

Applied in 1 court decision — leading case Kent v. Allied Oil & Supply, Inc. (1978)

Most recently applied in Kent v. Allied Oil & Supply, Inc. (April 1978)

Source: CivC 1877, § 1159; CL 1887, § 3782; RCivC 1903, § 1478; RC 1919, § 1102; SDC 1939, § 17.0503.

In the absence of any agreement or custom as to the rate or value of wages, the term of service, or the time of payment, an employee is presumed to be hired by the month at a monthly rate of reasonable wages, to be paid when the service is performed.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.