How does South Dakota classify freelancers?

South Dakota uses the IRS-style common-law right-to-control test.

How long can a South Dakota employee non-compete last?

Up to two years under SDCL § 53-9-11.

Freelance Contract for South Dakota

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South Dakota legal context

South Dakota applies the IRS-style common-law right-to-control test for classification. SDCL §§ 53-9-8 to 53-9-12 authorizes reasonable confidentiality and non-compete covenants, capped at two years for employee covenants. The South Dakota UTSA (§§ 37-29-1 et seq.) protects trade secrets.

Key SD statutes

Worker Classification (Common Law)
S.D. common law
IRS-style right-to-control test.
Restrictive Covenants Statute
SDCL §§ 53-9-8 to 53-9-12
Authorizes reasonable covenants; two-year cap on employee covenants.

South Dakota-specific considerations

Two-Year Cap (Employees)
Statutory two-year cap on employee non-competes.
Right-to-Control Test
Multi-factor classification analysis.
SDUTSA Trade Secret Protection
Confidential information shared during engagement is protected.