Labor and Employment
The labor and employment lawyers of Davenport Evans law firm, in Sioux Falls, South Dakota, represent both public and private employers. Our attorneys counsel employers in all areas of labor and employment law and advise clients in the prevention of potential litigation from the beginning of the employment relationship to termination and everything in between. The firm advises clients on a broad range of issues under federal and state employment law, including Title VII Discrimination Claims, FMLA, ADA, Wage and Hour, Workers’ Compensation and more. The firm represents employers in proceedings before various administrative agencies, as well as all types of employment litigation, including wrongful termination and discrimination claims, in both federal and state courts.
DAVENPORT EVANS EMPLOYMENT LAW UPDATE
October 14, 2026 | 7:30 a.m. – Noon | Country Club of Sioux Falls
Join us for the Davenport Evans Employment Law Update Seminar Wednesday, October 14, 2026! The Employment Law Update is an annual event offered as a complimentary benefit to Davenport Evans clients and guests. Watch for more, including the agenda, in the months ahead.
Please reach out to the Employment Law lawyers with your questions and needs.
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Articles on Labor and Employment
Davenport Evans Lawyers “Most Recognized in South Dakota” by Best Lawyers® 2027
Davenport Evans Lawyers Awarded “Most Recognized in South Dakota” by The Best Lawyers in America® (2027 Edition). The lawyers at Davenport, Evans, Hurwitz & Smith, LLP have been named the “Most Recognized Lawyers in South Dakota, with 18 lawyers selected to The...
Reforms to South Dakota Noncompete Laws Affecting Business Owners and Employers
As of July 1, 2026, South Dakota employers and business owners face a recalibrated landscape for noncompete agreements as two laws took effect, House Bill 1180 (“HB1180”), codified as SDCL § 53-9-10.1, and Senate Bill 153 (“SB153”), which amended SDCL §...
Brooke Schmidt Named Young Lawyer of the Year by State Bar of South Dakota
Davenport Evans lawyer Brooke N. Schmidt was presented the 2026 South Dakota Young Lawyer of the Year Award on behalf of the State Bar of South Dakota on June 24 at the Sioux Falls Convention Center. The South Dakota Young Lawyer of the Year Award recognizes members...
CMS Enforcing Changes for MMSEA 111
Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (“Section 111”) contains mandatory reporting requirements for entities responsible for providing primary insurance to Medicare beneficiaries. These entities, referred to as responsible reporting...
Davenport Evans Welcomes 2026 Summer Associates
Davenport Evans is pleased to welcome its 2026 summer associate class, (as shown, left to right:) Caleb M. Stork, Benjamin R. Connor, and Tommy L. Morrison. Davenport Evans has a long history of hiring law students who participate in the firm’s summer associate...
New ICE Fact Sheet Makes Common I-9 Errors Substantive Violations
Form I‑9 compliance has been a recurring topic in our prior updates. In the newest development, ICE issued updated guidance via this fact sheet on March 16, 2026, materially expanding what constitutes a substantive violation. As a reminder, the Immigration Reform and...
New Federal Regulations Require Updates to Substance Use Disorder Privacy Notices
On March 27, 2020, Congress enacted the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Perhaps one of its lesser-known features, the CARES Act included a provision related to the confidentiality and disclosure of substance use disorder (SUD) patient...
Does the One Big Beautiful Bill Act Exempt Overtime Pay From Taxation?
Last year, the One Big Beautiful Bill Act (OBBBA) was passed. As was widely reported, the OBBBA includes a new federal income tax deduction related to overtime pay. This provision was touted as the “no tax on overtime” law. Unfortunately, the truth is far more nuanced...
I-9 Audits: What to Expect and How to Prepare
American employers are acutely aware of their duty to comply with the Immigration Reform and Control Act of 1986. That duty goes beyond confirming the identity and employment authorization of all employees using Form I-9 at hiring. There are legal risks and compliance...
Davenport Evans Announces Three New Partners
Davenport, Evans, Hurwitz & Smith, LLP is pleased to announce that Alayna A. Holmstrom, Elliot J. Knuths, and Lori M. Rensink shown left to right above, have become partners in the firm. Alayna A. Holmstrom is a native of a Rapid City, South Dakota, and a member...
The Midwest Enforcement Wave and Your I‑9 Obligations
Recent immigration activity underscores the importance of diligent I-9 practices. In Nebraska, one of the fastest-growing meatpacking companies in the Midwest saw production collapse by nearly 70 percent after federal agents raided the plant and detained more than 100...
Right to Religious Expression Expands in the Federal Workplace
On July 28, 2025, the Trump administration issued a memorandum to all heads and acting heads of federal government departments and agencies related to the protection and enforcement of religious expression by federal workers. The memo, entitled “Protecting Religious...
Best Lawyers® 2026 Recognizes 18 Davenport Evans Lawyers
Davenport, Evans, Hurwitz & Smith, LLP in Sioux Falls, SD is pleased to announce that 18 Davenport Evans lawyers were listed in Best Lawyers® 2026 for South Dakota, in 22 different practice areas. The following three Davenport Evans lawyers were named 2026 Best...
Disparate Impact: Trump’s Executive Order Could Have Far-Reaching Implications
In April of 2025, President Donald Trump issued an Executive Order (“EO”) titled “Restoring Equality of Opportunity and Meritocracy.” The EO directed federal agencies to “eliminate the use of disparate-impact liability in all contexts to the maximum degree possible.”...
SCOTUS Overturns Heightened Standard for “Reverse Discrimination” Claims in Employment
On June 5, 2025, the United States Supreme Court issued a unanimous decision holding plaintiffs, alleging what some refer to as “reverse discrimination”, are no longer required to meet a heightened evidentiary standard just because they are within a “majority...
Contact our Labor and Employment attorneys: Jean H. Bender, Brooke L. Schmidt, Reece M. Almond, Anthony M. Hohn, Lori M. Rensink, and Michael L. Snyder.
Learn about Employee Benefits Law at Davenport Evans.
Learn about Workers’ Compensation and Administrative Law at Davenport Evans.
