As to employees in employments in which it is the custom to operate for a part of the whole number of working days in each year, the average weekly wages shall be ascertained by multiplying the employee's average day's earnings by number of days which it is customary in such employment to operate during a year, but not less than two hundred, and dividing by fifty-two.
S.D. Codified Laws § 62-4-27
Seasonal employment--Determination of average weekly wage
Applied in 3 court decisions — leading case Nilson v. Clay County (1995)
Most recently applied in Wells v. Howe Heating & Plumbing, Inc. (March 2004)
Source: SL 1917, ch 376, § 26; RC 1919, § 9461 (5); SDC 1939, § 64.0404 (3).
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.