Samanthia S Marshall

Shareholder/Director

Samanthia Sierakowski Marshall counsels and represents educational institutions in all areas of the law and provides them with daily guidance, training, contract assistance, and litigation support. Samanthia also counsels and represents employers in all areas of labor and employment law, including litigation in federal and state trial and appellate courts, arbitration panels, and administrative agencies, such as the U.S. Department of Labor, Equal Employment Opportunity Commission, Oklahoma Employment Security Commission, and Occupational Safety and Health Administration.
 

As part of her litigation practice, Samanthia defends employers against claims of discrimination, harassment, retaliation, wrongful discharge, and breach of contract, as well as alleged violations of the Family and Medical Leave Act and Fair Labor Standards Act. She conducts internal investigations, including Title IX, harassment, discrimination, and retaliation investigations, and helps clients navigate and prepare for audits and inquiries by state and federal agencies.
 

Samanthia also counsels and educates clients on compliance matters and risk prevention, providing practical and timely guidance on best practices.  She advises educational institutions and private clients on developing law, contract preparation and review, handbook and policy development and enforcement, discipline and termination, internal investigations, drug and alcohol testing, wage and hour matters, the ADA interactive process and reasonable accommodation considerations, FMLA determinations, approved leave, and the proper classification of workers.
 

In addition, a portion of Samanthia’s practice is devoted to transactional matters and business and civil litigation.  She has represented numerous private and public clients in cases involving breach of contract, trusts, the Oklahoma Governmental Tort Claims Act, negligence to person and property, fraud, and insurance disputes.

Bar Admissions

• Oklahoma, 2009

Legal Experience

• 2009 - 2014 - Rosenstein, Fist & Ringold
• 2014 - 2018 - Newton, O'Conner, Turner & Ketchum
• 2018 - 2021 - McAfee & Taft
• 2021 - Present - Rosenstein, Fist & Ringold

Court Admissions

• U.S. District Courts for the Western, Northern, and Eastern District of Oklahoma
• U.S. Court of Appeals for the Tenth Circuit

Professional Involvement - Memberships

• Tulsa County Bar Association
• Oklahoma Bar Association
• Tulsa Areas Human Resources Association
• Screen Actors Guild

Community and Business Involvement

• The Center for Individuals with Physical Challenges (Past President and Board Member, Committee Member)
• Leadership Tulsa (Class 43)
• Tulsa SPCA

Seminars and Lectures

• TechCent$, Board Policy and Ethics, 2023 and 2024
• Oklahoma Legal Summit, 2023
• CCOSA Conference, 2023 and 2022 (HR)
• TechCAP Presentation, October 2022
• Business Support Series, Managing Personnel Impacts, Tulsa Regional Chamber, April 14, 2020
• Best Practices for Drafting Confidentiality Agreements that Work at Work, Corporate Counsel Seminar, December 2019  
• Employment Law Seminar, Muskogee Area Human Resources Association, October 25, 2019 
• Managing Military-Related Leave under the FMLA and USERRA, Webinar, September 25, 2019 
• The Magnificent Seven, the Top Seven FLSA Mistakes, April 4, 2019

Publications

• “Is being sick of it all sick enough? Court says burnout not a serious health condition under the FMLA,” JD Supra, December 23, 2020  
• “#MeToo update: OK federal courts haven’t relaxed ‘severe and pervasive’ standard,” Kansas Employment Law Letter, Missouri Employment Law Letter, Arkansas Employment Law Letter, March 9, 2020  
• “The #MeToo Movement: What now,” JD Supra, January 27, 2020 
• “Think twice before you dismiss a cry for help: ADA accommodation request or not?,” JD Supra, September 16, 2019 
• “Surprise! Employee’s sworn statements can keep discrimination charge alive,” North Dakota Employment Law Letter, June 29, 2019
• “Forum for Workers’ Compensation-based Retaliation Claims Changes,” The  Oklahoman, June 11, 2019 
• “Not So Fast: Oklahoma legislature has final word on where to file workers’ comp-based retaliation claims,” JD Supra, June 6, 2019
• “Workers’ Comp Commission declared rightful forum for related discrimination and retaliation claims,” JD Supra, May 23, 2019
• “Be Careful What You Say: The danger of the charge of discrimination,” JD Supra, April 18, 2019

Published Cases

• Kelvion, Inc. v. Petrochina Can., Ltd., 918 F.3d 1088 (10th Cir. 2019)

Honors and Awards

• Selected by peers for inclusion in The Best Lawyers in America (employment law – management)
• Named to Oklahoma Super Lawyers’ list of “Oklahoma Rising Stars,” which recognizes the state’s up-and-coming attorneys
• Honored with Leadership Tulsa’s Star Award (2016)
• Editor-in-Chief, Tulsa Law Review; 
• Order of the Curule Chair; 
• ALI-ABA Scholarship & Leadership Award; Phi Delta Phi; Recipient, 
• 6 CALI Awards; 
• Martin Fellow Smith Award