Photo of J. Day  Peake III
  • PRACTICE FOCUS
  • EDUCATION+
    • University of Alabama School of Law
      J.D., 2005
    • Sewanee: The University of the South
      B.A. in History with honors and in French with distinction, magna cum laude, 1999
  • ADMISSIONS+
    • U.S. District Court, Middle District of Alabama
    • U.S. District Court, Northern District of Alabama
    • U.S. District Court, Southern District of Alabama
    • Alabama
    • U.S. District Court, Western District of Tennessee
    • Tennessee
    • U.S. District Court, Middle District of Tennessee
    • U.S. Court of Appeals for the Eleventh Circuit
    • U.S. Court of Appeals for the Sixth Circuit
    • U.S. District Court, Northern District of Florida
  • CLERKSHIP+

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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Resolving complex labor and employment disputes is the foundation of Day Peake's practice. Clients turn to Day when they face litigation or just need counseling on the high-stakes, always changing area of employment law. He responds quickly to changing business conditions with effective, strategic advice, while always keeping his clients' business goals in mind.

Day counsels clients to keep them aware of the latest changes in employment law. He works with businesses on an array of employment practices, from developing an employment handbook and drafting non-compete agreements to protecting trade secrets and proprietary information. He advises them on past precedent and anticipated changes to the law, so clients have the tools to effectively handle disputes.

When those disputes require litigation, Day has deep experience defending businesses in traditional employment matters. His practice includes the defense of employers in various federal and state agency investigations. He also has experience defending Title III public accommodation claims under the Americans with Disabilities Act (ADA).

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
Speaking Engagements
  • "Employment Law: Developing Best Practices in Response to the Pandemic," Mobile Area Chamber of Commerce (August 2020) Presenter
  • “Developing Employment Law Concerns During the Pandemic,” Baldwin County Association of Legal Professionals Monthly Meeting (Mobile, AL., July 2020) Speaker)
  • “An Inside Look at 2020 Employment & Labor Laws," Mobile Chamber of Commerce (January 2020) Speaker
  • "LGBT Diversity in the Workplace," Alabama Association of Colleges and Employers 2019 Conference (Mobile, AL., July 11, 2019)
  • Speaker, "Hot Topics in Employment Law for 2019: Medical Marijuana, "Ban the Box" Laws, and Paid Leave," MSHRM May Chapter Meeting (May 2019)
  • Mobile Chamber of Commerce's Executive Roundtable (April 2018)
  • Mobile Chamber of Commerce's Executive Roundtable (January, 2018)
  • Mobile Bar Association's CLE "Solo and Small Firm Seminar" (December, 2017)
  • Presenter, "The Expanding Role of Arbitration Clauses in the Workplace," ASIA Summer Conference (August 2017)
  • 40th Annual Mississippi Labor & Employment Law Conference (August, 2017)
  • Wage & Hour Litigation and Management Florida - Bridgeport Continuing Education (June, 2017)
  • Presenter, “Exploring Your Options: Adapting to Changes in FLSA," Alabama Utility Contractors Association (November 2016)
  • Eastern Shore Chamber of Commerce Eggs N' Issues: New Department of Labor Overtime Rules (September, 2016)
  • Presenter, "New Regulations for ‘White Collar’ Exemptions under the FLSA," Innkeepers Association, Inc. (Mobile, Alabama, August 2016)
  • Presenter, "BBQ&A: Recent Developments in Wage and Hour Law," Phelps Dunbar's 38th Annual Mississippi Labor and Employment Law Conference, Biloxi, MS (August 2015)
  • Presenter, "Developments in Wage and Hour Law," Eastern Shore Chamber of Commerce (June, 2015)
  • Presenter, "Employment Law: Beyond the Basics Seminar," Sterling Education Services (May, 2015)
  • Presenter, "The Employee Handbook: Best Practices," Mobile Chapter Association of Legal Administrators (February 2015)
  • Speaks on employment law and human resource management issues at seminars for personnel managers and business owners and provides a "Discrimination and Harassment Prevention Training" course for employees.
  • Presenter, “Current Wage and Hour Issues," Baldwin County Bar Association CLE Program (October 2014)
  • Presenter, "Employment Law: A Brief Overview of Discrimination and Harassment Protection," 30th Annual Meeting of Alabama Association of Paralegals, Inc. (August 2012)
  • "Protecting At-Will Employment," SES Employment Law Update in Alabama (October 22, 2008)
News

Memberships & Affiliations

Professional

  • Alabama State Bar - Labor and Employment Law Section
  • Tennessee State Bar - Labor and Employment Law Section
  • American Bar Association - Labor and Employment Law Section, Equal Employment Opportunity Committee & Employment Rights and Responsibilities Committee

Civic

  • Ronald McDonald House, Mobile Chapter - President (Present); Board of Directors (Present); Secretary (2019-2020)
  • Mobile Area Chamber of Commerce - Board of Advisors (Present)

Recognition

  • AV Preeminent Peer Review Rated, Martindale-Hubbell
  • Mid-South Super Lawyers Rising Stars list, Super Lawyers (2010-2017)
  • 40 Under 40 Award, Mobile Bay Magazine (2012)

Education

  • University of Alabama School of Law
    J.D., 2005
  • Sewanee: The University of the South
    B.A. in History with honors and in French with distinction, magna cum laude, 1999

Admissions

  • U.S. District Court, Middle District of Alabama
  • U.S. District Court, Northern District of Alabama
  • U.S. District Court, Southern District of Alabama
  • Alabama
  • U.S. District Court, Western District of Tennessee
  • Tennessee
  • U.S. District Court, Middle District of Tennessee
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. District Court, Northern District of Florida
  • 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).
Publications
Speaking Engagements
  • "Employment Law: Developing Best Practices in Response to the Pandemic," Mobile Area Chamber of Commerce (August 2020) Presenter
  • “Developing Employment Law Concerns During the Pandemic,” Baldwin County Association of Legal Professionals Monthly Meeting (Mobile, AL., July 2020) Speaker)
  • “An Inside Look at 2020 Employment & Labor Laws," Mobile Chamber of Commerce (January 2020) Speaker
  • "LGBT Diversity in the Workplace," Alabama Association of Colleges and Employers 2019 Conference (Mobile, AL., July 11, 2019)
  • Speaker, "Hot Topics in Employment Law for 2019: Medical Marijuana, "Ban the Box" Laws, and Paid Leave," MSHRM May Chapter Meeting (May 2019)
  • Mobile Chamber of Commerce's Executive Roundtable (April 2018)
  • Mobile Chamber of Commerce's Executive Roundtable (January, 2018)
  • Mobile Bar Association's CLE "Solo and Small Firm Seminar" (December, 2017)
  • Presenter, "The Expanding Role of Arbitration Clauses in the Workplace," ASIA Summer Conference (August 2017)
  • 40th Annual Mississippi Labor & Employment Law Conference (August, 2017)
  • Wage & Hour Litigation and Management Florida - Bridgeport Continuing Education (June, 2017)
  • Presenter, “Exploring Your Options: Adapting to Changes in FLSA," Alabama Utility Contractors Association (November 2016)
  • Eastern Shore Chamber of Commerce Eggs N' Issues: New Department of Labor Overtime Rules (September, 2016)
  • Presenter, "New Regulations for ‘White Collar’ Exemptions under the FLSA," Innkeepers Association, Inc. (Mobile, Alabama, August 2016)
  • Presenter, "BBQ&A: Recent Developments in Wage and Hour Law," Phelps Dunbar's 38th Annual Mississippi Labor and Employment Law Conference, Biloxi, MS (August 2015)
  • Presenter, "Developments in Wage and Hour Law," Eastern Shore Chamber of Commerce (June, 2015)
  • Presenter, "Employment Law: Beyond the Basics Seminar," Sterling Education Services (May, 2015)
  • Presenter, "The Employee Handbook: Best Practices," Mobile Chapter Association of Legal Administrators (February 2015)
  • Speaks on employment law and human resource management issues at seminars for personnel managers and business owners and provides a "Discrimination and Harassment Prevention Training" course for employees.
  • Presenter, “Current Wage and Hour Issues," Baldwin County Bar Association CLE Program (October 2014)
  • Presenter, "Employment Law: A Brief Overview of Discrimination and Harassment Protection," 30th Annual Meeting of Alabama Association of Paralegals, Inc. (August 2012)
  • "Protecting At-Will Employment," SES Employment Law Update in Alabama (October 22, 2008)
News

Professional

  • Alabama State Bar - Labor and Employment Law Section
  • Tennessee State Bar - Labor and Employment Law Section
  • American Bar Association - Labor and Employment Law Section, Equal Employment Opportunity Committee & Employment Rights and Responsibilities Committee

Civic

  • Ronald McDonald House, Mobile Chapter - President (Present); Board of Directors (Present); Secretary (2019-2020)
  • Mobile Area Chamber of Commerce - Board of Advisors (Present)
  • AV Preeminent Peer Review Rated, Martindale-Hubbell
  • Mid-South Super Lawyers Rising Stars list, Super Lawyers (2010-2017)
  • 40 Under 40 Award, Mobile Bay Magazine (2012)