J. Day Peake III

Day Peake practices in the area of labor and employment, with an emphasis on employment law. His practice includes the defense of employers in various Title VII and ADEA claims, I-9 audits, DOL audits, violations of the Fair Labor Standards Act, the WARN Act and actions filed before the EEOC. Mr. Peake has experience defending Title III public accommodation claims under the Americans with Disabilities Act (ADA). His practice also involves counseling businesses on an array of employment practices from developing an employment handbook and drafting non-compete agreements to protecting trade secrets and proprietary information.

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Day Peake practices in the area of labor and employment, with an emphasis on employment law. His practice includes the defense of employers in various Title VII and ADEA claims, I-9 audits, DOL audits, violations of the Fair Labor Standards Act, the WARN Act and actions filed before the EEOC. Mr. Peake has experience defending Title III public accommodation claims under the Americans with Disabilities Act (ADA). His practice also involves counseling businesses on an array of employment practices from developing an employment handbook and drafting non-compete agreements to protecting trade secrets and proprietary information. 

Prior to joining Phelps Dunbar, Mr. Peake was with the Lyons, Pipes & Cook law firm in Mobile.

Experience

  • Representation of private and public employers in various areas of employment-related lawsuits in federal and state courts.
  • Representation of municipal entities for civil and constitutional rights claims as well as claims based on the Fair Housing Act.
  • Representation of private employers in U.S. Immigration and Customs Enforcement audits and audits with the Office of Federal Contract Compliance Programs (OFCCP).

Insights

Publications
  • eLABORate: Eleventh Circuit Upholds Dreadlocks Ban in the Workplace (9/23/2016)
  • Contributing author, Employment Discrimination Law, Fifth Edition, published by the American Bar Association
  • Author, Employment Law Manual Articles / Alabama Requirements, XpertHR, in partnership with LexisNexis (www.xperthr.com). Topics include: EEO – Discrimination, Affirmative Action, Retaliation, Harassment; Employee Privacy; Employee Handbooks/Workplace Rules and Employee Conduct
  • Contributing author, The Fair Labor Standards Act, Second Edition, published by the American Bar Association (BNA 2010)
  • Author, "The Gross Reality of Evolving Age Discrimination Laws: An Analysis of the Supreme Court Case of Gross v. FBL Financial Services, Inc.," Alabama Defense Lawyers Journal, Vol. 26 No. 2. (November 2010)
Speaking Engagements
News

Memberships & Affiliations

  • Alabama State Bar - Labor and Employment Law Section
  • Tennessee State Bar
  • American Bar Association - Labor and Employment Law Section, Equal Employment Opportunity Committee & Employment Rights and Responsibilities Committee
  • Ronald McDonald House (Board of Directors; Secretary)
  • Mobile Area Chamber of Commerce (Board of Advisors)

Recognition

  • Mobile Bay Magazine - 40 Under 40 Award (2012)
  • AV® Preeminent Peer Review Rated by Martindale-Hubbell
  • Mid-South Super Lawyers - Rising Stars