W. Mackin Johnson

Office Information
As a member of the firm’s Labor and Employment Group, Mackin’s practice focuses on defending companies against virtually all types of employment-related lawsuits and counseling employers on employment matters. He regularly represents local and national companies, school districts, non-profits, and other private and public employers in Mississippi. Mackin has extensive experience and knowledge in defending civil rights litigation, including unlawful discrimination, harassment, and retaliation, as well as medical leave violations, wrongful termination, tortious interference claims, non-competition enforcement, and wage and hour matters.
Biography – View PDF Bio
- About W. Mackin
- Associations
- Bar Admissions
- Distinctions
- Education & Honors
- Experience
- In the News
- Papers, Presentations, & Publications
- Recent Blogs
Narrative Bio
Mackin’s success in defending employment lawsuits comes from his years of employment law experience. In his 10 years of practice, Mackin has litigated nearly 100 lawsuits, most with favorable resolutions to his clients. The majority of Mackin’s practice involves state and federal claims brought in federal courts throughout Mississippi. Mackin is also well versed in appellate practice and possesses a 100% success rate in his matters before the Fifth Circuit Court of Appeals.
In addition to his litigation practice, Mackin regularly helps employers with employee discipline and terminations, disability accommodations and leave-related issues, and other employment counseling matters. He represents employers in Department of Labor and Equal Employment Opportunity Commission investigations, mediations, and enforcement proceedings. He also helps clients negotiate settlements and resolutions to employment disputes in order to avoid litigation.
His experience also includes conducting supervisory and management training for state and federal employment laws. He also drafts and assists employers with employee separation agreements, non-compete agreements, and other employment-related contracting, and he provides analysis and opinions regarding applicability of exemptions and other wage-related issues under the Fair Labor Standards Act. Mackin also helps employers draft and revise employee handbooks and other employment policies to ensure compliance with state and federal law.
Mackin has been recognized for his expertise by Best Lawyers in America® and Super Lawyers®. He is active in the American Bar Association, Mississippi Bar Association, Capital Area Bar Association, and Federal Bar Association.
As a native Jacksonian, Mackin enjoys the good friends and fine southern foods that most people may be surprised to find in Mississippi. When not spending time with his wife and kids, Mackin likes to put his restoration and renovation skills to use on his Mid-Century Modern home and his growing collection of classic cars and musical instruments. Mackin is no stranger to hard work or getting his hands dirty as he avidly seeks proficiency in new areas of expertise, both in his professional endeavors and his personal life.
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, 2021-2022
- Ones to Watch, Labor and Employment Law – Employee, 2021-2022
- Ones to Watch, Labor and Employment Law – Management, 2021-2022
- Ones to Watch, Litigation – Labor and Employment, 2021-2022
- Super Lawyers®
- Mid-South Rising Star, Employment Litigation – Defense, 2019-2021
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.
- Notable Matters More...
- Davis v. United States Marshals Service, 849 F. App’x 80 (5th Cir. 2021) (affirming dismissal of applicant’s breach of contract, due process, and whistleblower claims)
- Southern v. Madison County Nursing Home (S.D. Miss 2020) (former employee voluntarily dismissed her lawsuit alleging tortious interference and FMLA violations after defendant filed a motion to dismiss)
- Underwood v. Heritage Plastics, Inc. (S.D. Miss 2019) (former employee voluntarily abandoned his lawsuit alleging sexual harassment after defense counsel established the claims were untimely)
- 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)
- Stuckey v. Cannon Nissan of Jackson, (AAA Arbitration) (former employee voluntarily abandoned his lawsuit alleging race discrimination, tortious interference, and other related claims)
- 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)
In the News
- Podcast: Important New Legislation in Mississippi and Implications for Employers
- 63 Butler Snow Attorneys Listed in 2021 Mid-South Super Lawyers® and Rising Stars
- 237 Butler Snow Attorneys Recognized in The Best Lawyers in America® 2022
- 86 Butler Snow Attorneys Listed in 2020 Mid-South Super Lawyers® and Rising Stars
- 5th Circ. Upholds $1 Race, Sex Bias Award To Black Machinist - Law360
- 198 Butler Snow Attorneys Recognized in The Best Lawyers in America® 2021
- 93 Butler Snow Attorneys Listed in 2019 Mid-South Super Lawyers and Rising Stars
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
- Guest, "Important New Legislation in Mississippi and Implications for Employers," Employment Matters Podcast, May 4, 2022.
- Author, “What You Need to Know About “Shelter in Place” Orders,” Workplace Blog, March 27, 2020
- Author, “Mississippi Expands Unemployment Benefits to Workers Affected by COVID-19,” Workplace Blog, March 23, 2020 More...
- Author, “Mississippi Governor Issues Two Executive Orders to Help Combat COVID-19,” Workplace Blog, March 18, 2020
- Author, “Employer Alert: The Minimum Salary Levels for White Collar Employees Increases to $35k on January 1, 2020,” Workplace Blog, September 25, 2019
- Speaker, “Employment Law Briefing,” Hattiesburg, Miss., April 25, 2019.
- Speaker, “Employment Law Briefing,” Ridgeland, Miss., May 2, 2019.
- Author, “Fifth Circuit Court of Appeals Reaffirms that Title VII Does Not Prohibit Discrimination Based on Sexual Orientation,” Workplace, March 4, 2019.
- 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, “Employer’s No-Recording Rule Survives Initial Stage of NLRB Attack,” Workplace Blog, February 1, 2014
- Author, “Return of the Wild West: Mississippi’s New Firearms Law,” Workplace, June 2013.
Recent Blogs
- Legislative Alert: Mississippi Passes Its First Equal Pay Act
- 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
- Employer’s No-Recording Rule Survives Initial Stage of NLRB Attack