Jean H. Bender
Jean H. Bender
South Dakota Employment Lawyer
My Story
Sioux Falls lawyer Jean H. Bender is an employment lawyer at Davenport Evans. Jean is extremely active assisting clients with employee benefits issues and all areas of employment law. Jean counsels employers on issues involving harassment, race, sex, age, national origin and disability discrimination, wrongful termination, wage and hour issues arising under the Fair Labor Standards Act, and leave issues under the Family and Medical Leave Act. Jean proactively counsels employers on issues such as hiring and firing, drug testing, harassment and discrimination investigations, employment policies, and company handbooks. Jean also drafts corporate documents related to employment such as contracts, non-compete agreements, and severance agreements and releases.
Jean also consults with employers on ERISA and other legal compliance issues for employee benefit plans ranging from qualified retirement plans to flexible benefit plans. Jean has assisted a number of clients in correcting plan errors through IRS and DOL voluntary compliance programs such as EPCRS and DFVCP. She also negotiates service contracts with third party providers.
Jean has received a Martindale-Hubbell Distinguished Peer Rating, indicating the attorney is widely respected for high professional achievement and ethical standards. She has also been selected by Best Lawyers® as the 2021 Lawyer of the Year for South Dakota in the area of Employment Law – Management. She is listed by Best Lawyers in the area of Employee Benefits (ERISA) Law and Employment Law—Management, and has been ranked by Chambers and Partners in the area of Labor & Employment Law.
Throughout her career, Jean has been involved in the community. She served on the Minnehaha County Board of Commissioners, as president of the Brandon Valley School Board, and as chair of the Brandon Valley Booster Club. She served on the board of directors for Volunteers of America, Dakotas, CASA, and the Accessible Housing Board. Jean is a frequent volunteer for Junior Achievement and is active in her church.
Position: Of Counsel
Direct: (605) 336-2880
Email: [email protected]
Highlights
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...
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...
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...
Davenport Evans Lawyers Ranked Tier One by Chambers 2025
Lawyers from Davenport, Evans, Hurwitz & Smith LLP in Sioux Falls, SD have again been ranked Tier One by Chambers USA. In South Dakota, rankings are given in five categories: Corporate/Commercial Law, Corporate/Commercial: Bankruptcy/Restructuring, Labor &...
Recent ICE Raids Highlight the Importance of I-9s
Nationwide, the Trump Administration’s efforts to find and deport undocumented immigrants have dominated the news. These deportations are also being enforced here in South Dakota. On May 13, 2025, in Madison, South Dakota, U.S. Immigration and Customs Enforcement...
FTC’s Ban on Non-Competition Agreements
On April 23, 2024, the Federal Trade Commission (“FTC”) announced its final rule prohibiting employers from entering into, enforcing, or attempting to enforce post-employment non-compete clauses (the “FTC Rule”). Subject to a limited exception, the FTC Rule will also...
Department of Labor Intends to Raise Overtime Salary Requirements
On September 8, 2023, the United States Department of Labor (DOL) published a Notice of Proposed Rulemaking Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees (the “Proposed Rule”). The Proposed...
Best Lawyers® 2024 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® 2024 for South Dakota, in 22 different practice areas. In addition, one Davenport Evans lawyer was named 2024 Best...
Davenport Evans Lawyers Ranked Tier One by Chambers 2023
Lawyers from Davenport, Evans, Hurwitz & Smith LLP in Sioux Falls, SD have again been ranked Tier One by Chambers USA. In South Dakota, rankings are given in five categories: Corporate/Commercial Law, Corporate/Commercial: Bankruptcy/Restructuring, Labor &...
Best Lawyers® 2023 Recognizes 17 Davenport Evans Lawyers
Davenport, Evans, Hurwitz & Smith, LLP in Sioux Falls, SD is pleased to announce that 17 Davenport Evans lawyers were listed in Best Lawyers® 2023 for South Dakota, in 22 different practice areas. In addition, two Davenport Evans lawyers were named 2023 Best...
Professional Experience
Davenport, Evans, Hurwitz & Smith, LLP
Of Counsel: 2000 – present
Partner: 1999 – 2000
Associate: 1992 – 1998
Southern Methodist University School of Law
Legal Writing Instructor
U.S. Court of Appeals, Fifth Circuit
Law Clerk to Judge Irving L. Golberg
Education
Texas Christian University
(B.S., magna cum laude, 1984)
Southern Methodist University
(J.D., cum laude, 1989), Hatton W. Sumners Scholar
Professional Memberships
State Bar of South Dakota
American Bar Association
Licensure
Admitted to Practice (State):
South Dakota, 1991
Accomplishments
Order of Coif
Symposium Editor, Journal of Air Law and Commerce, 1988 – 1989
Author: Congressional Limitations on State Taxation of Air Transportation,53 Journal of Air Law and Commerce 1041 (1988)
Protecting what you’ve built.
Phone Numbers
DEHS: (605) 336-2880
Driving Directions
Davenport Evans, Hurwitz & Smith, LLP
206 West 14th Street
P.O. Box 1030
Sioux Falls, SD 57101-1030