SEOK - Crowe Dunlevy Seminar

Thursday, July 17th

Kiamichi Technology Center- Center for Workforce Advancement

314 E Main St.

Durant, OK 74701

" Crowe Dunlevy Seminar "

Join us for an extended program with Crowe & Dunlevy covering the following subjects:

" PWFA/Pump Compliance"

"FLSA Compliance"

"Play Stupid Games, Win Stupid Lawsuits: How to Fire Without the Fallout"

"Medical Marijuana, Drug Testing, and Safety Sensitive Jobs"

Presentation Title: Play Stupid Games, Win Stupid Lawsuits: How to Fire Without the Fallout 

In this session, we’ll break down the messy world of retaliation and show you how to discipline and terminate employees without it backfiring. We’ll start by demystifying retaliation – what it really is (and isn’t) under the law – and highlight the biggest retaliation triggers that trip up even the most seasoned HR pros. You’ll learn how employees prove retaliation claims, so you can spot the legal landmines before stepping on them. Then, we’ll get into termination done right – how to document, communicate, and execute a firing so it’s legally defensible and drama-free. We’ll also cover HR’s critical role in stopping retaliation before it starts, from coaching managers to handling tricky post-termination situations (because yes, employees can still come back to haunt you after they leave). Finally, because not every problem employee needs to be shown the door, we’ll explore alternative discipline strategies that can keep you out of legal trouble while still getting results. Whether you’ve been in HR for years or you’re just getting your feet wet, this session will give you practical, no-nonsense strategies to fire and discipline without inviting lawsuits – or awkward run-ins at the grocery store.

Learning Objectives:

1. Identify Common Retaliation Risks

Understand what legally constitutes retaliation, recognize common triggers in discipline and termination, and proactively address red flags before they escalate into claims.    

2. Identify Common Retaliation Risks to Build Legally Defensible Termination Strategies

Understand what legally constitutes retaliation, recognize common triggers in discipline and termination, and proactively address red flags before they escalate into claims. Learn how to structure and document disciplinary actions and terminations in a way that minimizes legal exposure and withstands scrutiny in a retaliation claim.

3. Develop Proactive HR Policies to Prevent Retaliation

Explore HR’s role in training managers, implementing best practices, and fostering a workplace culture that reduces the risk of being accused of retaliation.     

4. Navigate Post-Termination Risks

Gain insight into handling retaliation risks after an employee has been let go, including managing unemployment claims, references, and potential legal action.

Presentation Title: The Confluence of the PWFA and the PUMP Act: Strategies for Meeting the Needs of your Pregnant Employees

The Pregnancy Discrimination Act and the Americans with Disabilities Act were historically used to address pregnancy discrimination. Now, the Pregnant Workers Fairness Act (PWFA) and the PUMP Act fills in the gaps which existed between those statutes and present a number of traps for the unwary. This presentation will provide an overview of the PWFA and PUMP Act, discuss the compliance traps present under this new framework, and concludes with a discussion of fact patterns demonstrating strategies HR professionals can implement within their workspace to ensure their policies and practices are compliant with the entire regulatory scheme surrounding pregnancy discrimination.

Learning Objectives:

1. Overview of the PWFA and the PUMP Act.

2. A step-by-step process for implementing the PWFA within your organization.

2. Practical examples to illustrate best practices.

3. An interactive process decision tree HR professionals can follow when evaluating accommodation requests.

This session will provide HR professionals with a timely and practical update on federal wage and hour compliance following the judicial vacatur of the Department of Labor’s 2024–2025 salary threshold rule. With the previous salary increase invalidated, HR teams must navigate the return to 2019 FLSA exemption standards while still managing employee expectations and legal risk. The session will focus on getting exemption classifications right using the duties test, addressing recent reclassification decisions, and preparing for future federal rulemaking. Special attention will be given to risk areas common in Southeastern Oklahoma industries—such as healthcare, hospitality, manufacturing, and energy—along with tools to ensure HR is audit-ready and legally sound.

Learning Objectives:

1. Understand the current federal exemption thresholds and why the 2024/2025 changes were struck down.

2. Conduct proper exemption classifications based on the duties and salary basis tests.

3. Manage internal communication and documentation when reversing or maintaining reclassification decisions.

4. Prepare your organization for the possibility of future federal changes while maintaining current compliance.

This session explores the unique compliance challenges posed by Oklahoma’s medical marijuana laws and how they interact with federal workplace regulations, safety-sensitive job classifications, and employee rights. With Oklahoma having one of the most expansive medical marijuana programs in the U.S., HR professionals must walk a fine line between respecting state protections for licensed users and enforcing workplace safety and performance standards.

Participants will gain clarity on when and how employers can test, discipline, or accommodate medical marijuana users, particularly in safety-sensitive roles, and how to build defensible drug testing policies that minimize liability and confusion. Public and private sector distinctions, ADA interplay, and real-life workplace scenarios will be covered.

Learning Objectives:

1. Understand the key provisions of Oklahoma’s medical marijuana laws, including employee protections and employer rights.

2. Identify safety-sensitive positions under Oklahoma law and how to apply drug testing policies to those roles.

3. Navigate the legal gray area between federal drug scheduling (marijuana as a Schedule I substance) and state-level protections.

4. Evaluate how the ADA and state law interact when employees request accommodations or test positive for THC.

5. Develop clear, compliant, and enforceable workplace drug policies that reflect their organization’s operational and safety needs.

Presenters:

Madalene Witterholt – Shareholder/Director

With decades of experience, Madalene Witterholt assists clients in the full spectrum of Employment and Labor law issues. Starting with employee hiring, employer policy development and day-to-day advice she provides employee training as well as the defense of administrative charges. Madalene’s regional practice has given her experience in the full gamut of employment litigation.

Madalene understands that employment clients have needs 24/7 and is available to clients at any time, whether it is for the most routine situations or a major crisis. Madalene is experienced in dealing with scheduled and unscheduled OSHA, EEOC, NLRB and DOL investigations. Unique among employment lawyers, Madalene also enjoys a solid reputation in the world of workers’ compensation defense.

At the end of the day, she believes that best way to win a case is to avoid being sued. To this end, she spends a lot of time with clients in planning, unique policy development and anything else that is needed to get the job done.

Madalene has been involved in lawsuits and administrative actions involving Title VII discrimination, harassment, and retaliatory discharge, Fair Labor Standards Act; individual as well as multi plaintiff cases, Family and Medical Leave Act (FMLA), the Davis-Bacon Act, WARN Act Litigation and all types of pre-strike offensives. Madalene estimates that in I-9 audits alone, she has reviewed nearly 3,000 I-9s.

She has handled matters before the Oklahoma Supreme Court, the Fifth circuit as and the 10th circuit court of appeals.

She is a graduate of the University of Tulsa with a Bachelor of Arts in History and received her juris doctorate there as well. She is a full member of the Oklahoma and Texas Bars as well as the Federal courts in Oklahoma and the Northern and Southern Districts of Texas.

Charles “Chris” Vaught - Director

Chris Vaught is a director at Crowe & Dunlevy’s Tulsa office with more than 20 years of employment law experience. As a litigator, Chris represents management and employers in all areas of employment law including the Oklahoma Anti-Discrimination Act, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), and the Age Discrimination in Employment Act. He also advises employers and human resources departments on best practices related to company policies and procedures, harassment, retaliation, reasonable accommodation, and wage and hour claims. Throughout his career, he has presented extensively on labor and employment matters to both attorneys and human resources professionals.

As a member of the firm’s Alternative Dispute Resolution Practice Group, Chris assists clients in exploring effective solutions to resolve their conflicts outside of traditional legal proceedings. He currently serves as an Adjunct Settlement Judge for the U.S. District Court for the Northern District of Oklahoma where he helps to support programs aimed at fostering early resolution of disputes without the need for further court intervention.

Prior to joining Crowe & Dunlevy, Chris served as the Chief Assistant Attorney General for the Office of Civil Rights Enforcement (“OCRE”) before being promoted to Deputy Attorney General for the same agency. At OCRE, Chris was active in managing investigations and resolving discrimination complaints in employment, housing, and public accommodations across Oklahoma.

Chris has been recognized for his employment law practice by both Best Lawyers in America and Oklahoma Super Lawyers publications. Since 2014, he has held an AV Preeminent® Rating from Martindale-Hubbell.

Chris received his Juris Doctor, with honors, from the University of Tulsa College of Law. He currently serves as President-Elect of the Federal Bar Association – Northern/Eastern Oklahoma Chapter.

Logan Hibbs – Associate

Logan Hibbs is an associate attorney in the firm’s Tulsa office assisting clients with litigation and compliance matters as a member of the Indian Law & Gaming, Labor & Employment, and Litigation & Trial Practice Groups. As part of his practice, Logan represents tribal, government, and private clients in proceedings involving alleged violations of federal employment laws, wrongful termination, and general business disputes. Logan also reviews and drafts employment policies, conducts internal investigations, and counsels employers through federal and state administrative proceedings.

Logan is originally from Durant, Oklahoma, and he is a proud citizen of the Choctaw Nation of Oklahoma. After graduating from Durant High School in 2016, he studied Economics and Sociology at the University of Tulsa, where he won multiple awards for his dedication to public service. In 2023, he graduated With Honors from the University of Oklahoma College of Law where he was on the editorial board of the Oklahoma Law Review, inducted into the Order of the Scribes, and published numerous scholarly works on federal Indian law and employment law.

In-Person only

Lunch will be provided- Lunch will be served from 12pm to 12:30pm

Program starts at 10:00am

Members and Non-Members are $40.

Submitted for SHRM and HRCI credits.