
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)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)
At The Podium
The Incredibles: Labor & Employment “Ask the Experts” Panel
Labor & Employment ‘Ask the Experts’ Panel
COVID-19 Vaccine Rollout and Legal Concerns for Employers
Navigating Employee Leave Issues Under the FMLA, ADA and State Law
Dazed and Confused: Managing drugs in the workplace
Harassment in the Workplace: What Would You Do?
EEOC Charges: What to expect when your company receives a charge of discrimination and how to prevent charges in the future
EEOC Charges: What to expect when your company receives a charge of discrimination and how to prevent charges in the future
OSHA and Drug Testing: Understanding new federal obligations on employers
OSHA and Drug Testing: Understanding new federal obligations on employers
Workplace investigations
Workplace investigations
Articles
DOL proposes new $55k salary threshold for overtime exemptions
McAfee & Taft EmployerLINC Alert | August 30, 2023Following new decision, is your employee handbook unlawful?
McAfee & Taft EmployerLINC Alert | August 8, 2023SCOTUS stays OSHA ETS vaccine mandate; CMS mandate allowed to go forward
McAfee & Taft EmployerLINC Alert | January 13, 2022Biden announces vaccine and testing requirement for private employers with 100+ employees
McAfee & Taft EmployerLINC Alert | September 10, 2021Newly signed American Rescue Plan offers important changes to FFCRA paid leave
McAfee & Taft EmployerLINC Alert | March 15, 2021Court rules DOL overstepped, strikes portions of FFCRA regulations
McAfee & Taft EmployerLINC | August 4, 2020EEOC: Employers can’t require COVID-19 antibody testing before returning to the workplace
McAfee & Taft EmployerLINC | June 19, 2020OSHA weighs in on use of face coverings, including non-PPE, in the workplace
McAfee & Taft EmployerLINC | June 17, 2020OSHA revises guidance on reporting COVID-19 cases
HR Laws | June 1, 2020OSHA issues new guidance for determining and reporting work-related COVID-19 cases
McAfee & Taft EmployerLINC | May 28, 2020EEO data collection to be delayed until 2021 due to pandemic
McAfee & Taft EmployerLINC | May 7, 2020DOL releases Q&A regarding Families First Coronavirus Response Act
McAfee & Taft EmployerLINC | March 24, 2020President signs Families First Coronavirus Response Act enacting paid sick leave and expanding FMLA
McAfee & Taft EmployerLINC | March 18, 2020DOL issues guidance on breaks, travel time, and earnings subject to garnishments
McAfee & Taft EmployerLINC Alert | April 17, 2018DOL rescinds prior guidance on interns, adopts primary beneficiary test
McAfee & Taft EmployerLINC Alert | January 8, 2018DOL: Most workers are employees, not independent contractors
McAfee & Taft EmployerLINC | July 15, 2015Texas court rules disabled employees must ask for accommodations
McAfee & Taft EmployerLINC | February 17, 2015Be careful how you treat employees after a complaint of harassment is made
McAfee & Taft EmployerLINC | July 3, 2014Tenth Circuit: Burden on employee to speak up about religious accommodation
McAfee & Taft EmployerLINC Update | October 2, 2013Media
