South Dakota law provides that services performed by an individual for wages are considered to be "employment" unless it is shown that:
(1) The individual has been and will continue to be free from control or direction over the performance of the service, both under his contract of service and in fact; and
(2) The individual is customarily engaged in an independently established trade, occupation, profession, or business.
If both of these exceptions are met, the person may be considered an "independent contractor."
