W. Mackin Johnson
Office Information
As a member of the firm’s Labor and Employment Group, Mackin focuses on employment litigation and counseling matters. He regularly represents local and national companies, school districts, non-profits, and other private and public employers in Mississippi. Mackin has significant experience and knowledge in defending civil rights litigation, including unlawful discrimination, harassment, and retaliation, as well as medical leave, wrongful termination, tortious interference, non-competition, non-solicitation and wage and hour matters.
Biography – View PDF Bio
- Associations
- Bar Admissions
- Distinctions
- Education & Honors
- Experience
- In the News
- Papers, Presentations, & Publications
- Recent Blogs
Bar Admissions
- Mississippi, 2012
- U.S. District Courts
- Mississippi: Northern, Southern
- U.S. Court of Appeals
- 5th Circuit
Distinctions
- Best Lawyers in America®
- Ones to Watch, Appellate Practice, 2021
- Ones to Watch, Labor and Employment Law – Employee, 2021
- Ones to Watch, Labor and Employment Law – Management, 2021
- Ones to Watch, Litigation – Labor and Employment, 2021
- Super Lawyers®
- Mid-South Rising Star, Employment Litigation – Defense, 2019
Education & Honors
- Mississippi College, J.D., cum laude, 2012
- Technical Editor, Mississippi College Law Review
- Moot Court Board
- Mississippi College, B.A., History, 2007, cum laude
- Externship, Federal District Judge Henry T. Wingate, Southern District of Mississippi
Experience
- Extensive experience and success in defending employers against lawsuits by former employees alleging unlawful discrimination, harassment, retaliation, and other employment-related legal challenges.
- Regularly counsels employers in employee discipline and termination, disability accommodations and Family and Medical Leave Act issues, and other litigation avoidance areas.
- Represents employers in Department of Labor and Equal Employment Opportunity Commission investigations, mediations, and enforcement proceedings.
- Conducts supervisory and management training for state and federal employment laws.
- Drafts and assists employers with employee separation agreements, non-compete agreements, and other employment-related contracting.
- Provides analysis and opinions regarding applicability of exemptions and other wage-related issues under the Fair Labor Standards Act.
- Creates and revises employee handbooks and other employment policies to ensure compliance with state and federal law.
- Negotiating settlements and resolutions to employment disputes and litigation.
- Representative Matters More...
- Usher v. G.A. Carmichael Family Health Ctr., 2018 WL 4008017 (S.D. Miss. Aug. 13, 2018) (dismissing former CEO’s claims against family health center for breach of contract, breach of implied duty of good faith and fair dealing, bad faith, unjust enrichment, civil conspiracy, whistleblower retaliation, and intentional infliction of emotional distress)
- Reed v. Madison Cty., Mississippi, 703 F. App'x 349 (5th Cir. 2017) (affirming dismissal of former employee’s race discrimination claim.
- Pennington v. S. Motion, Inc., 2017 WL 3897166 (N.D. Miss. Sept. 6, 2017) (dismissing male employee’s pregnancy discrimination claim)
- Samsel v. DeSoto County School District, 2017 WL 1043640 (N.D. Miss. Mar. 17, 2017) (dismissing former football coach’s claims against the school district for age discrimination, First Amendment retaliation, due process violations, and tortious interference)
- Vaughn v. Starkville Manor Healthcare, LLC, 2017 WL 1014368 (N.D. Miss. Mar. 14, 2017) (dismissing Certified Nursing Assistant’s claims against her former employer for race discrimination)
- Martin v. Copiah Lincoln Community College, 667 F. App’x. 499 (5th Cir. 2016) (affirming dismissal of former student’s civil rights and constitutional claims against community college)
- Brown v. DeSoto County School District (N.D. Miss 2015) (dismissing applicant’s claim of race discrimination against school district as untimely)
- Saunders v. Cowboy Maloney Electric City (S.D. Miss 2014) (dismissing salesman’s claims against his prior employer for race discrimination, retaliation, breach of contract, and intentional infliction of emotional distress)
- Ray v. The GEO Group, 547 F. App'x 443 (5th Cir. 2013) (affirming dismissal of former employee’s claims of discrimination and other civil rights violations)
Papers, Presentations, & Publications
- Author, “50-State Survey: Employment Libel and Privacy Law,” Media Law Resource Center.
- Author and Regional Editor, “Employment at Will,” Bloomberg BNA.
- Author, “Anti-discrimination Laws: Mississippi,” Practical Law Company.
- Author, “LawForChange: Mississippi Employment Law,” Lex Mundi Pro Bono Foundation.
- Author, “Mississippi Labor and Employment Law,” Employment Law Alliance.
- Author, “Employment Law Changes Around the World,” The Harmonie Group
- Speaker, “Employment Law Briefing,” Ridgeland, Miss., May 2, 2019.
- Speaker, “Employment Law Briefing,” Hattiesburg, Miss., April 25, 2019.
- Author, “Fifth Circuit Court of Appeals Reaffirms that Title VII Does Not Prohibit Discrimination Based on Sexual Orientation,” Workplace, March 5, 20019. More...
- Speaker, Mississippi Municipal League’s “Small Town Conference,” Vicksburg, Miss., October 25, 2018
- Speaker, MASCA’s “Winning Strategies for Human Resources in Your Surgery Center,” Jackson, Miss., April 19, 2018.
- Speaker, “Program for Management Development,” Ridgeland, Miss., May 18, 2016.
- Speaker, “Mississippi Corporate Counsel Association’s Workplace Violence Seminar,” Jackson, Miss., November 4, 2015.
- Author, “Return of the Wild West: Mississippi’s New Firearms Law,” Workplace, June 2013.
Recent Blogs
- What You Need to Know About “Shelter in Place” Orders
- Mississippi Expands Unemployment Benefits to Workers Affected by COVID-19
- Mississippi Governor Issues Two Executive Orders to Help Combat COVID-19
- Mississippi Courts Recognize New Limitations on At-Will Employment
- Employer Alert: The Minimum Salary Levels for White Collar Employees Increases to $35k on January 1, 2020
- Fifth Circuit Court of Appeals Reaffirms that Title VII Does Not Prohibit Discrimination Based on Sexual Orientation