Arnold W. Umbach III

Trip Umbach chairs the firm’s labor and employment law practice group. For over 30 years, Trip has represented both public and private employers in all types of labor and employment disputes, from defending discrimination claims to handling traditional union labor relations matters. He regularly advises clients concerning non-competition agreements and litigates cases both to challenge and enforce them. 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.

Professional Recognition

•fellow in the College of Labor and Employment Lawyers
•Ranked in the field of Labor and Employment by Chambers USA
•Listed in The Best Lawyers in America
•A 'Litigation Star' for the state of Alabama in Benchmark Litigation
•Named to Who's Who Legal Labour, Employment & Benefits
•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 Court of Appeals for the Fifth Circuit

Highlights

•Prevailed before the Alabama Supreme Court in a non-compete dispute between two federal government contractors, securing affirmation of the trial court’s dismissal of all claims against our clients after nearly three years of litigation.
•Obtained a jury verdict for an international lumber company after a week-long trial against claims of race discrimination and violation of the Family and Medical Leave Act.
•Defeated certification of an FLSA collective action brought by employees of an assisted living facility who claimed they worked through lunch without being paid.
•Secured a decision from the Alabama Supreme Court affirming dismissal of Tort of Outrage and Wrongful Discharge in Violation of Public Policy claims.
•Obtained summary judgment for one of the largest wood products manufacturers in a case alleging violations of the Americans with Disabilities Act and the Employee Retirement Income Security Act.
•Won 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, retaliation, and state tort law.
•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.
•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 was 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.

Presentations and Publications

•Are Non-Compete Agreements Extinct & are Employers going to have to Pay More Overtime? - What You Need to Know About Recent Rules Issued by the FTC & DOL, Webinar hosted by Payroll & Benefit Solutions, Birmingham, AL, May 7, 2024.
•FTC Non-Compete Rule and Non-Disclosure Agreements, Employment Law Update, Birmingham, AL, December 15, 2023.
•Keeping Your Secrets Secret: Protecting Your Employees and Trade Secrets From Competitors in the Face of a Changing Legal Landscape, Association of Corporate Counsel, Birmingham, AL, August 2023.
•Considering the Results Obtained In Awarding Attorney’s Fees-When are successful Fee-Shifting Claims Related to Unsuccessful Or Non-Fee Shifting Claim, CLE Alabama - Employment Law Update, Birmingham, AL, December 2, 2022.
•The Gig Economy and Determining Whether a Worker Should be Classified as an Employee or Independent Contractor, Birmingham, AL, December 17, 2021.
•Risk Management - Resident Care & Employment Issues, Crowne Health Care Leadership Conference, Orange Beach, AL, October 18, 2018.
•How Does the #MeToo Movement Affect Long Term Care Employers, Alabama Nursing Home Association Annual Meeting, Birmingham, AL, June 25, 2018.

News & Insights

• Twelve Starnes Attorneys Selected for Mid-South Super Lawyers 2025

• Benchmark Litigation 2026 Ranks Starnes Davis Florie as a Highly Recommended Litigation Firm

• Alabama Supreme Court Affirms Appellate Victory in Labor & Employment Case

• 35 Starnes Attorneys Listed in Best Lawyers in America 2026

• L&E Newsletter Alert- President Trump Bans DEI - January 2025

• Fourteen Attorneys Selected for Mid-South Super Lawyers 2024

• Starnes Davis Florie Ranked as a Highly Recommended Litigation Firm in the 2025 Edition of Benchmark Litigation

• L&E Newsletter Alert - August 21, 2024

• L&E Newsletter Alert - August 2024

• 33 Starnes Attorneys Listed in Best Lawyers in America 2025

• SDF Labor & Employment Newsletter Alert - July 2024

• Starnes Davis Florie Ranked a Top Law Firm by Chambers USA 2024

• Trip Umbach Speaks at a Webinar Addressing Recent Updates to FLSA and Noncompete Policies

• SDF Labor & Employment Newsletter Alert - April 2024

• SDF Sponsors the 2024 UA School of Law BLSA Annual Scholarship Awards Banquet & Congratulates Alfred Perkins on the Gail K. Johnson Award

• SDF’s Umbach & Perkins Obtain Defense Verdict in Employment Discrimination Trial In Federal Court

• Eleven Attorneys Selected for Mid-South Super Lawyers 2023

• Starnes Davis Florie Ranked as a “Highly Recommended Litigation Firm” in the 2024 Edition of Benchmark Litigation

Fun Facts

Trip loves to quail hunt with his PudelPointer, Shug, and Llewellyn Setter, Rex.
•Hall of Famer Frank Thomas beat Trip by one home run in a home run derby when Trip was playing baseball for the University of Virginia.
•Trip qualified for and swam in the U.S. Masters Swimming Nationals in 2022.
•Trip's birth certificate lists his father's employment as the Atlanta Braves. His dad Arnold was a pitcher and one of his teammates was Hank Aaron.