Arnold W. Umbach, III

Contact Trip

205-868-6072 - Direct
205-868-6099 - Fax
Email Trip tumbach@starneslaw.com

100 Brookwood Place
7th Floor
P.O. Box 598512
Birmingham, AL 35259

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Arnold W. Umbach, III
Partner

Trip Umbach chairs the firm’s labor and employment law practice group.

Practice

Trip represents both public and private employers in all types of labor and employment disputes, from defending discrimination claims to handling traditional union labor relations matters. In response to the recent surge in overtime litigation, he has developed extensive experience in wage and hour matters. He regularly advises clients concerning non-competition agreements and litigates cases arising from the interpretation of such agreements. A significant aspect of his practice is helping clients make employment decisions and develop policies that reduce the risk of being sued by employees or becoming unionized.

Highlights

* Successfully defended an electrical contractor against a retaliation claim under the Mine Safety and Health Act.

* Obtained summary judgment for a district manager of a national retail pharmacy chain on a claim of intentional interference with business relations brought by a former employee in Macon County, Alabama.

* Obtained a jury verdict for a trucking company against a former truck driver’s claim that the company fired him because of his race and in retaliation for his complaints about his co-workers’ racial slurs.

* Obtained numerous summary judgments for employers on claims of discrimination and retaliation.

* Enforced an employer’s non-compete agreement with a former employee by obtaining a jury verdict awarding the employer lost profits and rejecting the employee’s claim of interference with his new employment.

* Defended an employer and its employee against non-compete claims.

* Obtained a jury verdict for an employer against claims of retaliation brought by a current employee.

* Advised clients on strategies to respond to union activity.

* Represented employers in union elections.

* Negotiated collective bargaining agreements.

* Member of the trial team representing a national retail store chain in the two-week trial of a nationwide collective action under the Fair Labor Standards Act challenging the exempt status of store managers. This case is one of the few of its type in the country to have been tried to a jury.

* Investigated complaints of sexual harassment and workplace violence.

* Counseled clients through hundreds of job termination decisions.

* Developed an equal employment opportunity training program to be viewed by supervisors and employees on the company’s intranet.

* Defended a real estate management company and a city against claims brought under the Americans With Disabilities Act alleging that facilities are not accessible to wheelchair-bound citizens.

* Defended companies and individuals against citations issued by the Mine Safety and Health Administration.

* Defended employers against unfair labor practice charges alleging violations of the National Labor Relations Act.

* Counseled a client through a threat of violence from a terminated employee.

* Served as both a mediator and an arbitrator.

Honors And Awards

Trip graduated first in his class from the University of Alabama School of Law and was an editor on the Alabama Law Review. Following law school, Trip clerked for the Honorable Patrick E. Higginbotham on the United States Supreme Court of Appeals for the Fifth Circuit.

Trip has been recognized as a "leading individual" in the field of Labor and Employment by the 2008 - 2017 editions of Chambers USA. He has been selected by his peers for inclusion in The Best Lawyers in America®, 2008 - 2017, has been named one of the top attorneys in the state of Alabama by Mid-South Super Lawyers® magazine, 2008 - 2016, was named a "Future Star" for the state of Alabama in the 2011 - 2016 editions of  Benchmark Litigation, and was named a "Litigation Star" for the state of Alabama in the 2017 eidition of Benchmark Litigation. Trip was also named to Who's Who Legal Labour & Employment 2015.

Community Involvement

Trip has served as Vice President of Legal and Legislative Affairs for the Birmingham Society for Human Resource Management. He is involved in Boy Scouts at the Council and Troop levels.  He and his wife are members of Covenant Presbyterian Church. He also enjoys all sports and outdoor activities.

Speeches And Publications

* What Do You Want to Know About Social Media,? Alabama City County Management Association, Birmingham, AL, January 26, 2017.

* Overtime Rule: What You Need to Know, Sponsored Seminar, Birmingham, AL, June 28, 2016.

* The Ins and Outs of the New Overtime Rules and How to Prepare for the New Law, Sponsored Seminar, Birmingham, AL, June 16, 2016.

* Every Day Decisions That May Affect The Outcome of Litigation, Labor & Employment Disputes, And Your Surveys, 2015 Alabama Nursing Home Association Mid-Year Convention, Orange Beach, FL, April 27-28, 2015.

* Thinking Outside The Box: A Global Perspective to Risk Management, 2015 Alabama Nursing Home Association Legal Compliance Seminar, Birmingham, AL, January 12, 2015.

* Employment Law and Litigation:  The Cost of Being Unprepared,!Alabama Trucking Association Safety and Maintenance Management Council, Mobile, AL , February 6, 2014 (speech).

* Navigating the Hiring Process in Alabama, CLE Alabama Seminar, Birmingham, AL, December 18, 2012 (speech).

* Would Your Time Records Stand Up in Court?, Greater Pensacola Society for Human Resource  Management, Pensacola, FL, October 10, 2012 (speech).

* Risk Management: Resident Care Litigation and Labor & Employment Perspectives, Alabama Assisted Living Association Fall Conference, Florence, AL, September 13, 2012 (speech).

* Recent Developments and Current Trends in Labor and Employment Law, Speech presented to Employers of Chick-fil-A, Birmingham, AL, September 13, 2012 (speech).

* How to Audit Your Workforce for Fair Labor Standards Act Compliance,  Managing the Risk of Employment Claims Seminar for HR professionals, insurance representatives, and in-house counsel held at Samford University, Birmingham, AL, July 19, 2012 (speech).

* How to Manage the Risk of Employment Claims, Medical Practice Managers, Birmingham, AL, June 12, 2012 (speech).

* Would Your Time Records Stand Up in Court? and Are You Prepared for a DOL Audit?, Gorrie-Regan User Conference, Nashville, TN, May 10, 2012 (speech).

* Risk Management: Patient Care Litigation, Regulatory Compliance, and Labor & Employment Perspectives, Alabama Nursing Home Association, Orange Beach, AL, May 1, 2012 (speech).

* Recent Developments and Current Trends in Labor and Employment Law, Alabama Corporate Council, February 2012 (speech).

* Alabama Labor Laws: What You Need to Know for 2012, Alabama Franchise Alliance, February 21, 2012 (speech).

* Current Issues in Employment Law and Accounting for Municipalities, Seminar for Mayors and City Employees, hosted by Starnes Davis Florie LLP & Carr Riggs & Ingram LLC, January 2012 (speech).

* Selecting Causes of Action and Available Defenses, ABA Labor and Employment Law Conference, 2011 (speech).

* Managing the Risk of Employment Claims, Alabama MGMA Conference, 2009 (speech).

* Public Facilities and ADA Compliance, AAMA Fall Municipal Law Conference, 2007 (speech).

* Arnold W. Umbach III & Allison J. Garton, Alabama Supreme Court Clarifies Enforceability of No-Hire Agreements, The Alabama Defense Lawyers Association Journal, October 2007.

* Arnold W. Umbach III, Discrimination Law Developments in the Supreme Court: Sexual Harassment, Statute of Limitations for Race Claims, Age Discrimination, Americans with Disabilities Act, and the Eleventh Amendment, Employment Law Update, 2005, at 1.

* Anatomy of a Discrimination Lawsuit from Both Sides, Council on Education in Management, Personnel Law Update, 2004 (speech).

* Fair Credit Reporting Act and Background Checks, National Association of Women in Construction, 2002 (speech).

* Lisa A. Schreter & Arnold W. Umbach III, Using Rule 23 to Define FLSA Class Actions: A Solution to the “Similarly Situated” Debate, Employment Law Update, 2002, at 117.

Reported Cases

Evans v. Books-A-Million, 762 F.3d 1288 (11th Cir. 2014).

Parrott v. PNC Bank, 986 F. Supp 2d 1263 (N.D. AL. 2013).

Swain v. Precision Strip, Inc., 511 Fed. Appx. 905 (11th Cir. 2013).

McNeal v. City of Tarrant, 325 Fed. Appx. 794, 2009 WL 1132348 (11th Cir.).

Rigby v. Springs Industries, Inc., 156 Fed. Appx. 130, 2005 WL 3076542 (11th Cir. 2005).

Scott Bridge Company v. Wright, 888 So.2d 1221 (Ala. 2003).

Michele C. Taylor v. Alabama Intertribal Council, 261 F.3d 1032 (11th Cir. 2001).

Cynthia Lunde v. Big B, Inc., d/b/a CVS Pharmacy, 117 F. Supp. 2d. 1275 (M.D. Ala. 2000).

Cropp v. Raytheon Engineers & Contractors, Inc., 2000 WL 731523 (N.D. AL 2000).

Glenn Holiness v. Moore-Handley, Inc., 114 F. Supp. 2d 1176 (N.D. Ala. 1999).

Maddox v. Cash Loans of Huntsville, 21 F. Supp. 2d 1336 (N.D. Ala. 1998).

Pouncy v. Vulcan Materials Company, 920 F. Supp. 1566 (N.D. Ala. 1996).

Duncan v. Icenogle, 873 F. Supp. 579 (M.D. Ala. 1994).

Related News

5/19/2017 Trip Umbach Successfully Defended a Contractor Against a Retaliation Claim Under the Mine Safety and Health Act

5/17/2017 SDF ALERT: Alabama's Workers Comp Law Unconstitutional?

3/22/2017 Trip Umbach Featured in Birmingham Business Journal's Insights into Labor and Employment Law Segment

2/3/2017 Seven Starnes Davis Florie Attorneys Named "Leaders in their Field" in Chambers USA 2017

12/22/2016 Trip Umbach to Speak on Social Media at the ACCMA Meeting in January

11/23/2016 Labor & Employment Client Alert: Federal Court Issues Emergency Injunction Blocking Changes To Overtime Exemption Rule

11/9/2016 Twenty-Six SDF Attorneys Named to the 2016 Edition of Mid-South Super Lawyers

9/15/2016 SDF Attorney Trip Umbach Spoke at Warren Averett's Webinar on DOL's Overtime Rule on September 27th

8/15/2016 Twenty Starnes Davis Florie Attorneys Named to the 2017 Edition of Best Lawyers®

6/29/2016 SDF Labor & Employment Attorney Presented on topic of "Wage and Hour Change"

6/18/2016 SDF Attorney Trip Umbach Speaks at Seminar on "Overtime Rule: What You Need to Know"

6/10/2016 SDF Labor & Employment Practice Attorney Trip Umbach Speaks on "The Ins & Outs of the New Overtime Rule"

5/29/2016 Starnes Davis Florie Receives Top Tier Ranking in Chambers USA 2016

5/18/2016 Labor & Employment Bulletin on New Increase to the Salary Threshold to be Exempt from Overtime

4/15/2016 Trip Umbach Featured in Birmingham Business Journal's Insights into Labor and Employment Law Segment

3/22/2016 Labor & Employment Bulletin - March 22, 2016

3/7/2016 Labor & Employment Bulletin - March 7, 2016

3/3/2016 Seven Starnes Davis Florie Attorneys Named "Leaders in their Field" in Chambers USA 2016

11/11/2015 Labor & Employment Practice Group Bulletin - November 2015

10/2/2015 Benchmark Litigation 2016 Named Starnes Davis Florie a Highly Recommended Litigation Firm

8/20/2015 Twenty Starnes Davis Florie Attorneys Named to the 2016 Edition of Best Lawyers®

7/16/2015 Starnes Davis Florie Labor & Employment Practice Group Bulletin - July 2015

5/1/2015 Twenty-Six SDF Attorneys Named to 2015 Alabama Super Lawyers

2/25/2015 Seven Starnes Davis Florie Attorneys Named "Leaders in their Field" in Chambers USA 2015

2/6/2015 Starnes Davis Florie's Labor & Employment Practice Group Bulletin

9/5/2014 Starnes Davis Florie Named a Highly Recommended Litigation Firm in the 2015 Edition of Benchmark Litigation

8/20/2014 Seventeen Starnes Davis Florie Attorneys Named to the 2015 Edition of Best Lawyers®

5/30/2014 Starnes Davis Florie Receives Top Tier Ranking in Chambers USA 2014

5/5/2014 SDF Attorneys Umbach & Young Obtain Defense Verdict in Race Discrimination & Retaliation Action in Federal Court

4/29/2014 Thirty SDF Attorneys Named to Alabama Super Lawyers 2014

3/28/2014 Labor & Employment Bulletin - March 2014

2/20/2014 SDF Attorney Trip Umbach Presents at Alabama Trucking Association Safety and Maintenance Management Council

2/10/2014 Seven Starnes Davis Florie Attorneys Named "Leaders in their Field" in Chambers USA 2014

12/18/2013 Starnes Davis Florie's Labor & Employment Bulletin (December 2013)

10/1/2013 Starnes Davis Florie's Labor & Employment Bulletin (October 2013)

8/30/2013 Sixteen Starnes Davis Florie Attorneys Named to the 2014 Edition of Best Lawyers®

7/29/2013 Starnes Davis Florie's Labor & Employment Bulletin (July 2013)

5/29/2013 Starnes Davis Florie Receives Top Tier Ranking in Chambers USA 2013

5/2/2013 Twenty-Six Starnes Davis Florie Attorneys Listed in Alabama Super Lawyers 2013

4/1/2013 Starnes Attorneys Obtain Summary Judgment and Complete Dismissal of Six Counts on Behalf of a Municipality

3/8/2013 Starnes Davis Florie Attorneys Adams and Umbach Obtained Eleventh Circuit Affirmance of Summary Judgment

3/1/2013 Starnes Davis Florie's Labor & Employment Bulletin (March 2013)

2/6/2013 Starnes Davis Florie Attorneys Obtain Jury Verdict in Labor & Employment Trial

2/6/2013 Five Starnes Davis Florie Attorneys Named to Chambers USA 2013

10/31/2012 Starnes Davis Florie's Labor & Employment Bulletin (October 2012)

9/28/2012 Starnes Davis Florie Highly Ranked in 2013 Benchmark Litigation & Benchmark Appellate

9/19/2012 Seventeen Starnes Davis Florie Attorneys Named to the 2013 Edition of Best Lawyers®

6/13/2012 Starnes Davis Florie Received Top Tier Ranking in Chambers USA 2012

5/1/2012 Twenty-Two Starnes Attorneys Listed in Alabama Super Lawyers

3/19/2012 Five Starnes Attorneys Named to Chambers USA 2012

10/14/2011 Benchmark Litigation Names SDF one of Alabama's Highly Recommended Litigation Firms

9/2/2011 Nine Starnes Attorneys Listed in 2011 Super Lawyers Business Edition

9/1/2011 Sixteen Starnes Attorneys Named to Best Lawyers 2012

4/29/2011 Twenty Starnes Attorneys Listed in Alabama Super Lawyers

3/18/2011 Special Alert: Proposed Immigration Bill Would Have Major Effect on Alabama Employers

3/14/2011 Five Starnes Attorneys Named to Chambers USA 2011

12/22/2010 Alert to Employers: New Genetic Discrimination Regulations Take Effect January 10, 2011…Are You in Compliance?

10/6/2010 Benchmark Litigation Names SDF one of Alabama's Highly Recommended Firms

8/7/2010 Sixteen Starnes Attorneys Named to Best Lawyers 2011

6/16/2010 Starnes Davis Florie Obtains Top Tier Listing in Chambers USA 2010

Practices

Alternative Dispute Resolution
Appellate Law
Government & Public Litigation
Labor & Employment

Education

J.D., University of Alabama School of Law (1992)
B.A., University of Virginia (1988)

Bar Admissions

Alabama

Courts

Supreme Court of Alabama (1992)

United States Supreme Court (2002)

United States Court of Appeals: 11th Circuit (1993), 5th Circuit (1992)

United States District Courts: Northern District of Alabama (1993), Middle District of Alabama (1993), Southern District of Alabama (2000)

Northern District of Florida (2004)