Labor and Employment

Serious meeting, arbitration, between female professionals

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 16, 2024 | 7:30 a.m. – noon | Country Club of Sioux Falls

Thanks to all who joined us for our 2023 Employment Law Update seminar! Save the date for the 2024 event, taking place October 16. The complimentary seminar is offered annually as a benefit for Davenport Evans clients.

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View the past year’s agenda here: 2023 ELU AGENDA ONLINE

Articles on Labor and Employment

Using AI in the Workplace

As the adoption of Artificial Intelligence (AI) continues to grow in workplaces, it's crucial to approach its integration with a critical eye. While AI offers potential benefits such as increased efficiency, it also presents significant challenges, particularly...

DOL Releases Independent Contractor Final Rule

Earlier this month, the Department of Labor’s Wage and Hour Division released its final rule regarding worker classification, entitled “Employee or Independent Contractor Classification Under the Fair Labor Standards Act.” The final rule, which was published on...

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, two Davenport Evans lawyers were named 2024 Best...

Employment Non-Compete Agreements Under Attack

Employment non-compete agreements, long considered a common tool for protecting employers’ interests, are facing increased scrutiny from both federal and state authorities. Recent actions by the Federal Trade Commission (“FTC”), the National Labor Relations Board...

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 &...

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...

Confidentiality/Non-Disparagement Provisions May Violate NLRA

The National Labor Relations Board (NLRB) recently held in its McLaren Macomb decision that an employer may violate the National Labor Relations Act (NLRA) through the “mere proffer” of a severance agreement if it contains broad non-disparagement and confidentiality...

Protecting What You’ve Built