Kathy Neal's practice focuses on the representation of employers with respect to all aspects of their relationships with employees. She has broad experience in both state and federal courts, before administrative and regulatory agencies, and in arbitration and mediation. Kathy's litigation expertise includes defense of claims of discrimination, wrongful and retaliatory discharge, breach of contract, enforcement of non-competition and confidentiality agreements, wage and hour disputes, and disputes over the payment of commissions.
A significant portion of her employment practice is also dedicated to educating, training and counseling clients on litigation avoidance strategies and compliance with state and federal laws and regulations affecting the workplace. In addition to being a frequent trainer, lecturer and writer on employment-related issues, Kathy routinely counsels clients in connection with employee discipline and terminations; wage and hour issues; employee handbooks and policies; drug and alcohol testing; employee leave and disability; and employment and post-employment agreements.
Kathy has assisted national and regional employers with the implementation of reductions-in-force and group severance programs requiring compliance with the federal Worker Adjustment Retraining and Notification (WARN) Act and Older Workers Benefit Protection Act (OWBPA).
She has also defended organizations against claims of disability and race discrimination under the Fair Housing Act.
Kathy has particularly unique experience counseling employers that are federal contractors on equal employment opportunity compliance-related matters overseen by the Office of Federal Contract Compliance Programs (OFCCP), representing employers in OFCCP audit proceedings, and defending employers undergoing investigation by the OFCCP for discrimination. If any violations are found, her representation includes negotiating reduced fines and penalties as part of the conciliation process.
In addition to her employment practice, Kathy has successfully litigated commercial claims involving such issues as breach of contract, fraudulent conveyances, bulk sales and manufacturers' products liability.
Kathy currently serves as an administrative law judge for the Oklahoma Department of Labor and as an adjunct settlement judge for the United States District Court for the Northern District of Oklahoma.
Kathy's achievements have earned her inclusion in The Best Lawyers in America (commercial litigation, employment law - management, labor and employment litigation), Oklahoma Super Lawyers, where she was also named to its list of "Top 50 Oklahoma Super Lawyers" and "Top 25 Women Oklahoma Super Lawyers," and Chambers USA Guide to America's Leading Lawyers for Business, where she was described as "enormously intelligent and well thought of..." Researchers at Chambers & Partners also quoted market observers who praised her as "a great problem solver and a skilled writer." Most recently, she was named to the inaugural list of 2011 Power Attorneys and Legal Professionals by the Tulsa Business Journal.
In 2005, Kathy was awarded the Fern Holland Award by The University of Tulsa College of Law Women's Law Caucus for her work with Springboard - Educating the Future, a non-profit organization responsible for building 200 schools for young girls in rural Egypt.
Representative Experience
Labor & Employment:
· Obtained a jury verdict in the Western District of Oklahoma in favor of a national retailer in a disabilities discrimination lawsuit.
· Obtained a jury verdict in Tulsa County, Oklahoma, in favor of a regional hospital in a race discrimination lawsuit.
· Obtained a verdict in the Eastern District of Oklahoma in favor a railroad company in a non-jury religious discrimination lawsuit.
· Successfully defended a regional hospital in the Northern District of Oklahoma in a same-sex discrimination lawsuit where the case was dismissed after jury trial began.
· Obtained a judgment notwithstanding the verdict (JNOV) in Haskell County, Oklahoma, for a coal mining company in a workers' compensation retaliatory discharge lawsuit after an adverse jury verdict.
· Successfully defended in the Western District of Oklahoma a national wastewater company in a pregnancy discrimination lawsuit.
· Successfully defended a county official in a series of race discrimination lawsuits alleging violation of civil rights and disparate impact and treatment in the Northern District of Oklahoma.
· Successfully defended grievances under collective bargaining agreements for a national forestry and paper products processing company.
· Successfully defended a private school in the Northern District of Oklahoma in a national origin discrimination lawsuit.
· Successfully prosecuted in Kay County, Oklahoma, claims against former employees unfairly competing with a national manufacturer of oilfield products.
· Successfully defended a nuclear fuels manufacturer in the Eastern District of Oklahoma in a WARN Act lawsuit.
· Successfully defended an integrated public energy company in an ERISA lawsuit in the Northern District of Oklahoma.
· Represented numerous employers before the Department of Labor with respect to wage and hour claims under the Fair Labor Standards Act (FLSA), including the successful representation of a national restaurant chain in defending a lawsuit involving payment of its tipped employees.
Compliance and Investigations:
· Successfully represented a manufacturer and distributor of beverages with respect to a comprehensive compliance audit by the Office of Federal Contract Compliance Programs by participating in the defense of alleged violations and conciliation negotiations. Negotiated a favorable conciliation agreement that significantly reduced the penalty proposed by the OFCCP.
Commercial Litigation:
· Obtained favorable jury verdicts in the Northern and Western Districts of Oklahoma in a series of breach of contract lawsuits against a private mortgage insurance company.
· Successfully defended in Tulsa County, Oklahoma, a national property developer with respect to claims of breach of contract, fraudulent conveyances and violations of Oklahoma's Bulk Sales Act.
· Successfully defended in the Eastern District of Oklahoma a products liability claim against national manufacturer of burners involved in an explosion.
Attorney Articles
· Getting tough on contractors
The Journal Record - December 1, 2011
· Age Discrimination: Back to the basics with discrimination claims
Oklahoma Employment Law Letter - September 2010
· Discrimination: Motherhood, the workplace, and Oklahoma law
Oklahoma Employment Law Letter - June 2010
· Discrimination: Another turn in the long and winding road of Oklahoma's Burk tort
Oklahoma Employment Law Letter - February 2010
· Handling the competition of a departing employee
The Journal Record - October 15, 2009
· Wage and hour law: Making deductions for lost or stolen property from exempt employees' pay: trick or treat?
Oklahoma Employment Law Letter - October 2009
In The News
· Limits placed on company's ability to recover loss of equipment
The Oklahoman - December 10, 2009
· Health Families Act sparks debate
The Journal Record - August 26, 2009
At The Podium
· Hope for the Best or Prepare for the Worst: HR Best Practices for Hiring & Avoiding Employment Litigation presented at 2012 Oklahoma Human Resources State Conference and Expo on April 26, 2012 in Tulsa, Oklahoma.
· Dodging Bullets - Tips for handling FLSA audits and avoiding other wage and hour surprises presented at EmployerLINC 2012: 'Adventures in HR' on April 3, 2012 in Tulsa, Oklahoma.
· Hope for the Best or Prepare for the Worst: HR Best Practices for Avoiding Employment Litigation presented at HR Professional's Luncheon on October 4, 2011 in Tulsa, Oklahoma.
· FMLA Hot Topics: In Loco Parentis, Retaliation and Handling Benefits presented at EmployerLINC 2011 Labor, Employment and Employee Benefits Seminar on April 26, 2011 in Tulsa, Oklahoma.
· Now Hiring! presented at EmployerLINC Webcast on March 24, 2011 in Tulsa, Oklahoma.
· When the Feds Come Knockin' presented at Tulsa Area Employer Council on November 10, 2010 in Tulsa, Oklahoma.
· Violence in the Workplace presented at Fall 2010 Labor, Employment and Employee Benefits Seminar - Tulsa on October 26, 2010 in Tulsa, Oklahoma.
· Curbing FMLA Abuse and Preventing Claims presented at HR Hero FMLA Master Class on May 26, 2010 in Oklahoma City, Oklahoma.
· How to Legally Terminate presented at Bartlesville Area Human Resources Association on April 8, 2010 in Bartlesville, Oklahoma.
· Overcoming the 8 Toughest Wage & Hour Problems: How to Avoid DOL's Ramped-up Enforcement presented at Interactive HR Hero Audio Conference on November 19, 2009.
· Overcoming the 8 Toughest Wage & Hour Problems: How to avoid DOL's ramped-up enforcement presented at Interactive HR Hero Audio Conference on November 19, 2009.
· Recordkeeping Essentials presented at HR Hero Master Class on October 2, 2009.
Featured Media
· EmployerLINC: Now Hiring
Professional Organizations and Memberships
· Tulsa County Bar Association
· Oklahoma Bar Association
· The Law Society of Alberta, Canada
Civic Involvement and Leadership
· Springboard - Educating the Future (Board of Directors, 2005-present)
· The Tristesse Healing Hearts Grief Center (former member Board of Directors)
· Family & Children's Services (former member Board of Directors)