James A. Patton, Jr.

Shareholder || Birmingham

Jay Patton is a shareholder in the Birmingham, Alabama office of Ogletree Deakins and a member of the firm’s Affirmative Action/OFCCP Compliance Practice Group, whose experienced attorneys counsel and defend federal contractors and subcontractors throughout the United States on jurisdictional, compliance, and enforcement issues involving the United States Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). 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.

Learn more about James A. Patton, Jr.

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.


  • J.D., magna cum laude, University of Alabama School of Law, 1996
  • M.S., Troy State University - European Division, 1990
  • B.S., United States Military Academy, West Point, 1987

Admittance to Practice

  • Alabama
  • U.S. Court of Appeals, Fifth and Eleventh Circuits
  • U.S. District Court, Middle, Northern and Southern Districts of Alabama

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)


  • Ogletree Deakins Webinar - "Preparing for EEO-1 Season: Dos and Don’ts for Employers" - October 16, 2018
  • 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 4, 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 5, 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 6, 2015
  • Cullman Area Society for Human Resources Management Annual Team Workshop - "How to Effectively Defend and Respond to EEOC Charges" - Cullman - October 14, 2015
  • March 5, 2019 - SHRM Online - "Judge Revives EEO-1 Pay-Data Reporting Requirement"
  • January 24, 2019 - Material Handling & Logistics - "When Do Employers Have to File the EEO-1 Form?"
  • May 14, 2018 - SHRM Online - "Dodge These Frequent EEO-1 Report Mistakes Before It's Too Late"
  • March 26, 2018 - SHRM Online - "Avoid 7 Common Errors in Filing EEO-1 Reports"
  • Best Lawyers Award Badge
  • Alabama Super Lawyer (2013 – present)
  • Best Lawyers in America (2018 – present)

Insights by James A. Patton, Jr.