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
November 15, 2023 | 7:30 a.m. – noon | Country Club of Sioux Falls
Thank you to all who attended the 2023 Employment Law Update seminar! To learn more from our Employment Law attorneys and receive information about next year’s seminar, sign up for our monthly eNewsletter below. You may unsubscribe at any time. View the Agenda here: 2023 ELU AGENDA ONLINE
Articles on Labor and Employment
Religious Accommodations — What Employers Need to Know After Groff v. DeJoy
A recent United States Supreme Court case, Groff v. DeJoy, “clarified” the standard governing religious accommodation requests by altering the “undue hardship” framework. This landmark decision has broad implications for employers and employees alike. It is important...
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...
Beyond Non-Competes: Limitations on the Use of Non-Disclosure and Non-Solicitation Agreements by Employers
As many employers are aware, non-compete agreements have been subject to increased scrutiny in recent years. Many states have recently passed laws that dramatically limit the enforceability of non-compete agreements, and the Federal Trade Commission (FTC) has recently...
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...
U.S. Supreme Court Upholds Technical Interpretation of Salary Basis
As the United State Supreme Court recently made clear, it is important for employers to follow the regulatory guidelines and not assume that high pay automatically means no overtime. In an opinion issued on February 22, the Court held that an employee making over...
Fair Hiring in Banking Act Expands Applicant Pool for FDIC-Insured Banks & Credit Unions
In December 2022, President Biden signed into law the National Defense Authorization Act, which included the Fair Hiring in Banking Act (the Act). Before the Act, FDIC-insured banks and credit unions were prohibited from hiring persons convicted of certain criminal...
Potential New Rule Regarding Non-Compete Clauses in Employment Contracts
The world on non-compete clauses may look very different in the future based upon a proposed rule from the Federal Trade Commission (FTC). On January 5, the FTC published a new proposed rule that effectively prohibits non-compete clauses in contracts between employers...
Which Local Employment Laws Apply to Remote Work?
We are frequently asked, “Which local laws apply when workers temporarily relocate? Does the answer depend on whether the employer assigned the employee to work in that location or whether the employee is some sort of digital nomad who works remotely from locations...
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...
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, three Davenport Evans lawyers were named 2023 Best...
Why Should Employers Review Their Website Accessibility?
Employers are often familiar with Title I of the American with Disabilities Act (“ADA”), which prohibits discrimination on the basis of disability in employment. But many are not as familiar with Title III of the ADA, which prohibits discrimination in places of...
Contact our Labor and Employment attorneys: Jean H. Bender, Brooke L. Schmidt, Reece M. Almond, Anthony M. Hohn, Tiffany M. Miller, Lori M. Rensink, Michael L. Snyder, and Michael L. Srstka.
Learn about Employee Benefits Law at Davenport Evans.
Learn about Workers’ Compensation and Administrative Law at Davenport Evans.
