Brooke N. Schmidt

Brooke N. Schmidt

South Dakota Employment Lawyer

My Story

Brooke joined the firm in 2021 and is a native of Aberdeen, SD. She primarily focuses on all areas of employment law. Brooke counsels clients on issues involving employee benefits, harassment, discrimination, wrongful termination, the Fair Labor Standards Act, and the Family and Medical Leave Act. She is also a member of the Davenport Evans Transactions and General Business practice group. 

Brooke graduated from the University of South Dakota, magna cum laude, in 2015. She received her J.D. from Washburn University School of Law in 2019, graduating with Dean’s Honors. During law school, Brooke served as a Staff Writer and the Comments Editor, on the Editorial Board, for the Washburn Law Journal. Her work was subsequently published. Following graduation, Brooke served as the Pro Se Law Clerk for the United States District Court for the District of South Dakota. She researched and wrote proposed opinions for the consideration of the Honorable Karen E. Schreier, the Honorable Roberto A. Lange, the Honorable Lawrence L. Piersol, and the Honorable Jeffrey L. Viken. 

Brooke is the current Second Circuit Representative for the South Dakota Bar Association Young Lawyers Section and volunteers for the Sioux Empire Teen Court. She serves on the Board of Directors for Sioux Falls Thrive and is a graduate of the Greater Sioux Falls Chamber of Commerce Evan C. Nolte Leadership Sioux Falls program.

Outside of work, Brooke enjoys spending time with her husband and three young children. She is an active member of her church, a roller blader, and she frequently visits the public library. 

Position: Associate
Direct: (605) 357-1214
Email: [email protected]


DOL Increases Salary Thresholds for Exempt Employees

On April 23, 2024, the United States Department of Labor (“DOL”) issued its Final Rule regarding exempt workers under the Fair Labor Standards Act (“FLSA”). The Final Rule significantly raises the minimum salary thresholds for employees to be considered exempt from...

New Laws Protect Pregnant Workers & Nursing Mothers

When President Joe Biden signed the Consolidated Appropriations Act, 2023 in December 2022, pregnant workers and nursing mothers gained expanded protections, explains Davenport Evans Employment Lawyer, Brooke Schmidt. Pregnant Workers Fairness Act (PWFA)  Employers...

Chamber News Features Employment Lawyer Brooke Schmidt

Davenport Evans Employment Lawyer Brooke N. Schmidt was recently featured in the Chamber News Magazine, published by the Greater Sioux Falls Chamber of Commerce. The article is part of the "Five Questions" series, but online, it's expanded to a full 10 questions! The...

Brooke Schmidt Graduates from Leadership Sioux Falls

Members of the 37th class of the Greater Sioux Falls Chamber of Commerce’s Evan C. Nolte Leadership Sioux Falls (LSF) program, including Davenport Evans lawyer Brooke N. Schmidt (shown second row center), graduated on Wednesday, May 3. Michael L. Wyland addressed the...

Discrimination Claims Arise Due to Unpaid Short-Term Military Leave

The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits employment discrimination against an employee based on past military service, current militarily obligations, or the intent to serve. One form of discrimination arises when servicemember...

Davenport Evans Welcomes Brooke N. Schmidt

Davenport, Evans, Hurwitz & Smith, LLP is pleased to announce the addition of a new attorney, Brooke N. Schmidt, to the firm. A native of Aberdeen, South Dakota, Brooke Schmidt joined the firm as an associate attorney in 2021. Brooke is a graduate of the...

Professional Experience

Davenport, Evans, Hurwitz & Smith, LLP
Associate: 2021 – present

Pro Se Law Clerk, U.S. District Court for the District of South Dakota: 2019-2021


University of South Dakota 
(B.S., magna cum laude, 2015) 

Washburn University School of Law
(J.D., Dean’s Honors, 2019)

Professional Memberships

State Bar of South Dakota


Admitted to Practice (State):
South Dakota, 2019


CALI Award: Federal Indian Law

AuthorA Decision that Carries Weight: A Look at How the American Education System Would be Affected if Obesity is Considered a Disability under the Americans with Disabilities, Act, 58 Washburn L. J. 4 (2019).

Washburn Law Journal Volume 58 Editorial Board, Comments Editor

Washburn Law Journal Volume 57, Staff Writer

Protecting what you’ve built.

Phone Numbers

Driving Directions

Davenport Evans, Hurwitz & Smith, LLP

206 West 14th Street
P.O. Box 1030
Sioux Falls, SD 57101-1030