James A. Patton, Jr.

Shareholder Birmingham

Jay focuses his practice on assisting federal contractors and subcontractors to comply with legally-mandated employment and reporting obligations, as well as defending compliance reviews and enforcement proceedings brought by the Office of Federal Contract Compliance Programs (OFCCP) and the United States Department of Labor (USDOL). Some of the issues that Jay provides assistance and advice on include:

  • Affirmative Action Planning
  • EEO-1 and VETS-4212 Reports
  • Evaluations of adverse impact and statistical disparity issues
  • Responses to audit requests and findings
  • Preventative measure for continued compliance

In addition to focusing on affirmative action compliance, Jay has spent more than twenty years advising companies on a variety of workplace issues including preparing and enforcing non-competition agreements, dealing with complex employee leave issues, defending employment discrimination lawsuits, and providing advice on difficult workplace issues. Jay has written extensively on Alabama’s newly amended restrictive covenant law and has enforced and defended restrictive covenant cases in state and federal courts. Jay graduated from West Point in 1987, served in the U.S. Army in Germany, and worked in industrial sales before attending law school.


Experience

Restrictive Covenants

Prepare restrictive covenant agreements; advise on enforceability review of existing restrictive covenant agreements; counsel employers on hiring employees with restrictive covenants agreements; enforce restrictive covenant agreements in state and federal courts; and defend individuals and entities accused of breaching restrictive covenant agreements.

Difficult Workplace Issues

Provide practical, timely advice to employers dealing with workplace issues, including performance issues, discipline issues, employee misconduct at work, and employee off-duty arrests.

Leaves of Absence and Disability Accommodation

Advises employers with complex employee absence and leave issues, including interpreting medical information, drafting communications to employees and medical providers; and guiding employers through ADA and FMLA issues avoiding legal risk while protecting employers’ business interests.

Professional Activities and Speeches

Professional Activities:

  • American Bar Association
  • Alabama Bar Association
  • Birmingham Bar Association
  • Alabama Defense Lawyers Association
  • Birmingham Downtown Kiwanis Club (Board of Directors, 2010-2012, 2014-2016; Membership Co-Chairman 2014-2016, Programs Co-Chairman 2017-2018)
  • West Point Society of Birmingham (President, 2007-2011)
  • Bridgett’s Home Incorporated (Board Member, 2008-2017)
  • South Highland Presbyterian Church (Personnel Committee, 2008-2010, Chair - 2015-2017)
  • Living River - A Retreat on the Cahaba - Board Member and Chair of Personnel Committee (2017-2018)

Speeches:

  • Central AL Association of Occupational Health Nurses Annual Meeting - ''Workplace Bullying, Harassment, and Violence at Work'' - Birmingham - March 10, 2017
  • Ogletree Deakins Seminar - ''Effectively Managing FMLA Intermittent Leave Abuse Issues'' - Birmingham - November 04, 2016
  • Cullman County SHRM Chapter - ''What Do You Mean I’m Their Employer? Recent Developments in the Joint Employer Doctrine'' - Cullman - October 12, 2016
  • Lorman Educational Services Webinar - ''When Work, Social Networking, and Lifestyle Collide – The New Litigation Arena'' - October 05, 2016
  • North Alabama SHRM Meeting - ''Tactics in Defending EEOC Charges – Snitches Get Stiches'' - Huntsville - January 12, 2016
  • Ogletree Deakins Seminar - ''Alabama’s Amended Noncompete Statute and Social Media Issues'' - November 06, 2015
  • Cullman Area Society for Human Resources Management Annual Team Workshop - ''How to Effectively Defend and Respond to EEOC Charges'' - Cullman - October 14, 2015

Media

Published Works

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Our Insights

Media

Media Quotes

March 26, 2018 - SHRM Online - "Avoid 7 Common Errors in Filing EEO-1 Reports"

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