Brooke N. Schmidt
Brooke N. Schmidt
South Dakota Employment Lawyer
My Story
Brooke Schmidt joined Davenport Evans in 2021 and 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 serves as the Co-Chair of Ask-A-Lawyer, a public service event from the State Bar of South Dakota, and volunteers for the Sioux Empire Teen Court juvenile diversion program. She also serves on the Board of Trustees for the Bishop O’Gorman Catholic Schools Foundation. Brooke previously served as the Second Circuit Representative for the South Dakota Bar Association’s Young Lawyers Section from 2021-2024, and served on the Board of Directors for Sioux Falls Thrive. Brooke 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 four young children. She is an active member of her church and frequently visits the public library.
Brooke is a native of Aberdeen, South Dakota, and a graduate of the University of South Dakota (B.S., magna cum laude, 2015,) Washburn University School of Law (J.D., Dean’s Honors, 2019.)
Position: Associate
Direct: (605) 357-1214
Email: [email protected]
Highlights
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...
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...
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...
Brooke Schmidt Joins Chamber of Commerce Leadership Sioux Falls Class 37
Thirty-seven individuals, including Davenport Evans Employment lawyer Brooke Schmidt, have been selected to comprise the 37th class of the Evan C. Nolte Leadership Sioux Falls program. Class participants, who represent a variety of businesses, industries and...
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...
Brooke Schmidt to Speak for Siouxland Chapter of American Payroll Association
Davenport Evans Employment Lawyer Brooke Schmidt will present June 9 at 1:30 p.m. for the Siouxland Chapter of the American Payroll Association. She will provide an overview on the Fair Labor Standards Act's Employment Classifications and other wage and hour issues....
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
Education
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
Licensure
Admitted to Practice (State):
South Dakota, 2019
Accomplishments
CALI Award: Federal Indian Law
Author: A 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
Direct: (605) 357-1214
DEHS: (605) 336-2880
Driving Directions
Davenport Evans, Hurwitz & Smith, LLP
206 West 14th Street
P.O. Box 1030
Sioux Falls, SD 57101-1030