John B. Holmes, III

John is the Leader of the Firm's Labor & Employment Practice. He represents management and advises clients in a wide variety of EEO and labor and employment matters, including cases arising under the Family and Medical Leave Act, the Fair Labor Standards Act, Title VII of the Civil Rights Act, Section 1981, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Alabama Workers’ Compensation Act and other analogous state discrimination and tort laws. He represents clients engaged in OFCCP audits and Department of Labor investigations. John has extensive experience in litigating and providing advice relating to the enforceability of employment agreements and non-compete agreements.

He also represents companies in a variety of administrative matters, including Federal Mine Safety and Health Administration (MSHA) and Occupational Health and Safety Administration (OSHA) enforcement actions, miner discrimination and temporary reinstatement claims, MSHA special investigations, and MSHA and OSHA investigations of workplace accidents, and resulting third-party litigation. He offers consultation services to employers who are drafting or updating employee handbooks and policies, and he provides training to employers on a variety of topics, most notably on administering the FMLA and requests for reasonable accommodations under the ADA. He routinely conducts investigations into workplace issues ranging from harassment to employee theft.

John has successful jury trial experience in both state and federal courts throughout the United States, as well as experience in obtaining summary judgment on behalf of clients. In addition, he has successfully litigated numerous MSHA and OSHA enforcement actions and labor and employment arbitrations.

His skills and accomplishments as an employment lawyer and litigator are recognized nationally, including his recognition by Chambers USA: America's Leading Lawyers for Business in the area of Labor & Employment. He was named to the Benchmark Litigation 2016 and 2017 "Under 40 Hot List", an elite accolade honoring the achievements of the nation's most accomplished legal partners who are 40 years old or younger. John is also listed in The Best Lawyers In America© for Litigation: Labor and Employment, Employment Law: Management, and Worker's Compensation Law: Employers. He is included in Super Lawyers in the areas of Employment & Labor Law and Energy and Natural Resources.

“He is a strong advocate, knowledgeable of the law, and conscious of the cost.”

"John is fantastic. He knows his stuff and seems to be a tireless advocate for us. He doesn’t waste time, he is to the point, he is client-friendly, good at listening and helping us to proceed."

“Responses are quick and he presents a variety of solutions to address an issue.”

"John is an excellent thinker and a very good listener, who understands his clients."

"He's one of the external lawyers who understands the pressures that an in-house person feels; he keeps his billings low, knows when to communicate, and is very knowledgeable about the law."

• American Bar Association, Labor and Employment Section
• Alabama State Bar Association, Labor and Employment Section
• State Bar of Texas, Labor and Employment Law Section
• Birmingham Bar Association
• Energy and Mineral Law Foundation
• Alabama Coal Association

• 04/28/20: "Mental Health and Wellness in the Virtual Workplace" Employment Law Alliance (Webinar)
• 04/16/20: "COVID-19 Webinar: Confronting Employment Issues" Birmingham Business Alliance (Webinar)
• 02/04/19: “Employment Law in the United States: A Year in Review,” Employment Law Alliance (Webinar)
• 10/26/18: "Administering Leave Under the ADA and FMLA: Tips and Tools," 64th Annual Human Resources Management Conference (Birmingham, AL)