Kristin M. Simpsen

Shareholder

Bio Menu
  • Overview
  • Experience
  • Honors & Involvement
Bio overview

Kristin Simpsen is a trial lawyer whose practice encompasses all areas of labor and employment law, including litigation before federal and state courts, arbitration panels, and regulatory and administrative agencies, including the Equal Employment Opportunity Commission (EEOC), U.S. Department of Labor (DOL), and Occupational Safety and Health Administration (OSHA).  She has successfully represented employers and management in numerous actions involving claims of employment discrimination, retaliation, wrongful termination, and negligent hiring, as well as violations of employment agreements and restrictive covenant provisions.  Kristin also has significant experience defending clients in class and collective actions involving violations of the Fair Labor Standards Act, including lawsuits alleging unpaid overtime, the misclassification of independent contractors, and the misclassification of exempt employees.

As part of her counseling practice, she routinely advises employers and HR professional on best practices for complying with state and federal employment laws, as well as strategies for minimizing the risk of employment-related litigation. Her broad experience includes advising clients on such issues as navigating the COVID-19 pandemic; drug and alcohol testing, including compliance with state marijuana laws; employee handbook and policy development, wage and hour matters; non-solicitation, non-compete, and confidentiality agreements;  interviewing, hiring, discipline, and termination decision-making; employee leave programs; workplace accommodations; internal investigations; reductions in force and severance programs; and employee and management training.

Kristin is a frequent author and speaker on issues affecting the workplace and has been a contributing author to numerous business and professional publications, including The Oklahoman, The Journal Record, Oklahoma Employment Law Letter, Midwest Employment Law Letter, HRlaws.com, and EmployerLINC.

Kristin’s achievements have earned her inclusion in The Best Lawyers in America (employment law – management; labor and employment litigation; labor law – management), Benchmark Litigation’s “40 & Under Hot List” of trial lawyers, and Oklahoma Super Lawyers’ list of “Oklahoma Rising Stars,” which recognizes the state’s top up-and-coming attorneys.

Download Bio (PDF)
Experience, Honors, & Awards

Representative Experience

  • Obtained summary judgment on behalf of a manufacturing employer on an employee’s claims of age discrimination following a reduction-in-force. Judgment affirmed on appeal to Tenth Circuit Court of Appeals.
  • Obtained summary judgment for a retail establishment on an employee’s claims of age discrimination.
  • Obtained summary judgment for a hospital on individual’s claims for disability discrimination and retaliation after successfully arguing the hospital was not the individual’s employer.
  • Obtained summary judgment on behalf of manufacturing client on two plaintiffs’ claims of race and disability discrimination, harassment, and intentional infliction of emotional distress by demonstrating that neither plaintiff suffered an adverse employment action. Judgment affirmed on appeal to Tenth Circuit Court of Appeals.
  • Defeated former car wash employee’s claims for wrongful termination and disability discrimination by demonstrating his employment was terminated for a legitimate business reason.
  • Obtained summary judgment on behalf of a rural hospital on claims of race, national origin, and age discrimination brought by a physician assistant.
  • Obtained dismissal of claims of wrongful termination and retaliatory discharge, intentional infliction of emotional distress, and negligent hiring and supervision brought by a former healthcare facility employee who was terminated for falsifying time records.
  • Obtained summary judgment in favor of a manufacturing employer in a case in which the 11 employee plaintiffs sought overtime pay under the Fair Labor Standards Act for having to wear pagers while on call.
  • Obtained summary judgment in favor of a financial institution against a former employee’s claims of wrongful discharge, defamation, breach of contract, unjust enrichment, and unpaid wages under the Oklahoma Wage Act.
  • Obtained summary judgment for a manufacturing employer on an employee’s claims of a hostile work environment; race, gender, and age discrimination; and FMLA retaliation and interference.
  • Obtained summary judgment on behalf of a staffing company client in a suit where the plaintiff sought a declaratory judgment that the client was the alter ego of another entity. The plaintiff sought to hold the client liable for the more than a half-million-dollar verdict he recovered against the other entity for wrongful termination in state court.
  • Obtained a jury verdict on behalf of an Oklahoma landowner who sought just compensation in a condemnation case involving a 7.24-acre permanent easement taken by a public utility for the purpose of constructing a transmission system across the landowner’s property. The jury award exceeded the court-appointed commissioners’ award by 172%. As a result, the client/landowner was awarded its attorney’s fees, appraisal fees and costs against the utility company.
  • Successful second chair representation in an American Arbitration Association arbitration of property owner against architect on claims of breach of contract and negligent design.
  • Obtained summary judgment on the issue of liability in a bailment case for property owner against storage facility which resulted in a favorable settlement for the client.
  • Successful second chair representation obtaining a jury verdict on behalf of landowners who sought just compensation in a condemnation case involving the partial taking by the Oklahoma Department of Transportation of a 3.6-acre tract of land located near the junction of two major interstate highways. The jury award of nearly $1 million exceeded ODOT’s appraised value by more than 55 percent.

Honors and Awards

  • Named to Benchmark Litigation’s “40 & Under Hot List” of trial lawyers
  • Selected by peers for inclusion in The Best Lawyers in America (employment law – management; labor and employment litigation; labor law – management)
  • Named to Oklahoma Super Lawyers’ list of “Oklahoma Rising Stars,” which recognizes the state’s top up-and-coming attorneys

Professional Organizations and Memberships

  • Oklahoma Bar Association

Civic Involvement and Leadership

  • United Way (Community Investment Committee)

ATPs display in this column

At The Podium

The Incredibles: Labor & Employment “Ask the Experts” Panel

EmployerLINC23: HR in Reel Life
Oklahoma City, OK | March 29, 2023

Labor & Employment ‘Ask the Experts’ Panel

EmployerLINC21
Online | March 10, 2021

COVID-19 Vaccine Rollout and Legal Concerns for Employers

Greater Oklahoma City Chamber Enlighten Series
Online | February 5, 2021

Navigating Employee Leave Issues Under the FMLA, ADA and State Law

OKC Metro Employer Council
Oklahoma City, OK | August 20, 2019

Dazed and Confused: Managing drugs in the workplace

EmployerLINC19
Oklahoma City, OK | April 3, 2019

Harassment in the Workplace: What Would You Do?

Oklahoma Human Resources Society Emerging Professionals
Oklahoma City, OK | March 29, 2018

EEOC Charges: What to expect when your company receives a charge of discrimination and how to prevent charges in the future

Oklahoma City Metro Employer Council
Oklahoma City, Oklahoma | June 20, 2017

EEOC Charges: What to expect when your company receives a charge of discrimination and how to prevent charges in the future

Lawton Employer Council
Lawton, Oklahoma | April 18, 2017

OSHA and Drug Testing: Understanding new federal obligations on employers

EmployerLINC17: Back to Basics
Tulsa, Oklahoma | March 23, 2017

OSHA and Drug Testing: Understanding new federal obligations on employers

EmployerLINC17: Back to Basics
Oklahoma City, Oklahoma | March 22, 2017

Workplace investigations

EmployerLINC 2014: In Compliance, Out of Court
Tulsa, Oklahoma | April 17, 2014

Workplace investigations

EmployerLINC 2014: In Compliance, Out of Court
Oklahoma City, Oklahoma | April 16, 2014
Attorney Articles

Articles

Businessman using a calculator with paper spread across his desk

DOL proposes new $55k salary threshold for overtime exemptions

McAfee & Taft EmployerLINC Alert |
Business people discussing paperwork sitting around a conference table

Following new decision, is your employee handbook unlawful?

McAfee & Taft EmployerLINC Alert |
Supreme Court

SCOTUS stays OSHA ETS vaccine mandate; CMS mandate allowed to go forward

McAfee & Taft EmployerLINC Alert |
Healthcare worker giving vaccine to an employee
United States Capitol Building

Newly signed American Rescue Plan offers important changes to FFCRA paid leave

McAfee & Taft EmployerLINC Alert |

Court rules DOL overstepped, strikes portions of FFCRA regulations

McAfee & Taft EmployerLINC |

EEOC: Employers can’t require COVID-19 antibody testing before returning to the workplace

McAfee & Taft EmployerLINC |

OSHA weighs in on use of face coverings, including non-PPE, in the workplace

McAfee & Taft EmployerLINC |

OSHA revises guidance on reporting COVID-19 cases

HR Laws |

OSHA issues new guidance for determining and reporting work-related COVID-19 cases

McAfee & Taft EmployerLINC |

EEO data collection to be delayed until 2021 due to pandemic

McAfee & Taft EmployerLINC |

DOL releases Q&A regarding Families First Coronavirus Response Act

McAfee & Taft EmployerLINC |

President signs Families First Coronavirus Response Act enacting paid sick leave and expanding FMLA

McAfee & Taft EmployerLINC |

U.S. Department of Labor goes on rulemaking frenzy

McAfee & Taft EmployerLINC Alert |

DOL issues guidance on breaks, travel time, and earnings subject to garnishments

McAfee & Taft EmployerLINC Alert |

DOL rescinds prior guidance on interns, adopts primary beneficiary test

McAfee & Taft EmployerLINC Alert |

Department of Labor withdraws joint employer guidance

McAfee & Taft EmployerLINC |

DOL: Most workers are employees, not independent contractors

McAfee & Taft EmployerLINC |

Texas court rules disabled employees must ask for accommodations

McAfee & Taft EmployerLINC |

Be careful how you treat employees after a complaint of harassment is made

McAfee & Taft EmployerLINC |

Don’t let medical absences cloud your judgment

McAfee & Taft EmployerLINC |

Court to employees: ‘Speak up’

Oklahoma Employment Law Letter |

Tenth Circuit: Burden on employee to speak up about religious accommodation

McAfee & Taft EmployerLINC Update |

Hostile work environment: Context is key

Oklahoma Employment Law Letter |

New year, new rules

The Journal Record |

Surviving crackdown

The Journal Record |

Bad timing + bad e-mail = valid claim

Oklahoma Employment Law Letter |
mt_bio_practice_areas
mt_bio_industry_groups
mt_admissions

Admissions

  • Oklahoma, 2008
  • U.S. District Court for the Western, Northern and Eastern Districts of Oklahoma
  • U.S. District Court for the Northern and Southern Districts of Texas
  • U.S. Court of Appeals for the Tenth Circuit
mt_education

Education

  • J.D., with honors, University of Oklahoma, 2008
    • Oklahoma Law Review
  • B.A., with distinction, University of Oklahoma, 2005
mt_certifications
mt_bio_media_items
mt_bio_news_items

In The News

Photo of McAfee & Taft exterior signage with the Best Lawyers logo overlaying the image
Graphic featuring a blue background blended with Leadership Square exterior photo and the Super Lawyers 2022 logo
Best Lawyers names 128 McAfee & Taft lawyers to 2023 lists
Super Lawyers 2021
Best Lawyers 2022

Oklahoma Super Lawyers honors 93 McAfee & Taft attorneys in 2020 edition

Benchmark Litigation names Cole, Scaperlanda and Simpsen to 2020 ‘40 & Under Hot List’ of trial lawyers

COVID-19 Return to Work Packages for Employers

Employers brace for paid leave brought on by coronavirus

HR Daily Advisor |

Oklahoma Super Lawyers honors 101 McAfee & Taft attorneys in 2019 edition

EmployerLINC19 draws largest audiences ever in Oklahoma City and Tulsa

DOL proposes new rules for regular pay rate definition

The Oklahoman |

Oklahoma Super Lawyers honors 113 McAfee & Taft attorneys in 2018 edition

Benchmark Litigation names Cole, Scaperlanda and Simpsen to ‘40 & Under Hot List’ of trial lawyers

Benchmark Litigation 2019 names Cole, Scaperlanda and Simpsen To “40 & Under Hot List” of trial lawyers

EEOC warns against English-only policies

The Oklahoman |

Labor Department issues guidance on breaks, travel time and garnishments

The Oklahoman |

Labor Department provides new guidance on internship programs

The Oklahoman |

Employment commission targets employers for pregnancy discrimination

The Oklahoman |

Labor Department withdraws joint employer guidance

The Oklahoman |

Federal court finds Title VII forbids sexual orientation discrimination

The Oklahoman |

McAfee & Taft seminar draws large crowds looking for answers about new administration

Complex class action filings rose in 2016

The Oklahoman |

McAfee & Taft elects six new shareholders

McAfee & Taft publishes video series from EmployerLINC2014 seminar

Oklahoma’s stance on law choice may bring dangers for employers

The Oklahoman |

Annual seminar continues to draw more employers with timely practical guidance

Performance review practices can affect their value in business

The Oklahoman |

Religious accommodations left up to employee’s request

The Oklahoman |

Same-sex partners and others are eligible for FMLA leave

The Oklahoman |