Elizabeth Bowersox

Representative Experience

Employment matters:

• Obtained dismissal of OSHA whistleblower retaliation complaint under the Surface Transportation Assistance Act for trucking company, based on drivers’ allegations concerning hours-of-service regulations.
• Represented industrial employer in Department of Labor wage and hour investigation.
• Successfully defended large multinational energy services company in arbitration challenging the employer’s drug testing policy under the Oklahoma Standards for Workplace Drug and Alcohol Testing Act.
• Represented the interests of the State Chamber of Oklahoma as amicus curiae before the Oklahoma Supreme Court in an action challenging the constitutionality of the privatization of the state workers’ compensation fund. The fund’s privatization was a key part of reforming the entire state workers’ comp system, and the Chamber’s position was adopted by the court in an opinion relying significantly on arguments and authorities presented in the brief.
• Obtained summary judgment for a manufacturing client in a gender, age and national origin discrimination case.
• Successfully defended a national restaurant chain in a gender discrimination claim.
• Obtained a dismissal for a large manufacturer on a workers’ compensation retaliation claim.
• Advise employers that qualify as “places of public accommodations” under Title III of the Americans with Disabilities Act as to their obligations for making their websites accessible to disabled individuals.
• Counseled an Oklahoma oil and gas employer regarding compliance with the Fair Labor Standards Act.
• Successfully defended a large manufacturer in an age discrimination claim.
• Counseled a banking employer regarding classifying employees as exempt or non-exempt under the Fair Labor Standards Act.
• Conducted anti-harassment and anti-discrimination training for the Oklahoma branch offices of a large employer.

Labor matters:

• Successfully argued in favor of an Oklahoma government contractor that former employee could not arbitrate job separation when the employee was found to have resigned.
• Second-chair experience during a week-long arbitration for an Oklahoma municipality in a case involving the discharge of a police officer.
• Obtained a favorable arbitration decision for an Oklahoma municipality in a case involving the discharge of an employee for dishonesty.
• Obtained a favorable arbitration decision for an Oklahoma municipality in a case involving the demotion of a city employee for misconduct.
• Successfully obtained a ruling that a matter was non-arbitrable for an Oklahoma municipality.
• Obtained the vacatur of a labor arbitration decision ordering reinstatement of a discharged employee. The arbitration decision ordered reinstatement of a police officer who was discharged after being found to have used excessive force. Represented the employer at the district court level in obtaining summary judgment vacating the arbitrator’s decision.

Litigation:

• First-chair experience representing large Oklahoma employer in an bench trial in front of a Department of Labor administrative law judge in a claim of whistleblower retaliation.
• Experience includes second-chair trial experience during a one-week jury trial; second-chair experience during a bench trial; third-chair experience during a three-day jury trial; and third-chair experience during a three-week jury trial.
• Obtained jury verdict of nearly $6 million on behalf of a national manufacturer of oil and gas equipment in an action against a former executive and former distributor involving allegations of fraud, unfair competition, breach of contract, tortious interference, conversion, deceptive trade practices, and breach of fiduciary duties.
• Obtained dismissal in federal court of a putative class action where the plaintiff brought breach of contract and various tort claims against a major healthcare system relating to employee welfare benefit plans for alleged improper billing practices.
• Obtained a directed verdict in state court where the plaintiff brought multiple tort and breach of contract claims against a hospital for alleged improper billing practices.
• Obtained dismissal in state court of breach of contract and various tort claims brought against a hospital over alleged improper billing practices.