James Hughes

James Hughes joined the Austin office in November 2013 as an associate in the employment and labor group.

Prior to joining Norton Rose Fulbright, James served two judicial clerkships at both the trial and appellate levels. From 2011–2013, he was a federal judicial clerk for Judge Sam Sparks of the US District Court, Western District of Texas.

From 2010–2011, he served as a judicial clerk for Justice Eva M. Guzman of the Texas Supreme Court. During both clerkships, James worked on numerous cases involving both federal and state employment law. These included various federal cases under Title VII, the ADA, the ADEA, the FLSA, and the FMLA.

He also has familiarity with cases involving state law, such as non-compete agreements and employment contracts.

Finally, James has extensive experience with federal motions practice and federal employment trials.

Firm/Organization: Norton Rose Fulbright

Blogs: Global Workplace Insider

Latest Articles

Global Workplace Insider

UPDATE: September 30, 2019 deadline for employer pay data reporting to EEOC will cover both 2017 and 2018 pay data

By Mario Barrera (US), David Gallai (US), James Hughes & Rachel Kurth (US) on May 3, 2019

September 30th deadline to provide pay data to EEOC will cover both 2017 and 2018 pay data As we previously reported in our articles Employers with 100 or more employees must provide pay data to the EEOC by September 30, 2019 and New EEOC pay data deadline: September 30, 2019, following an April 25, 2019 federal court ruling, employers with 100 or more employees should begin to prepare to report pay data to the…

Global Workplace Insider

Employers with 100 or more employees must provide pay data to the EEOC by September 30, 2019

By Mario Barrera (US), David Gallai (US), James Hughes & Rachel Kurth (US) on April 29, 2019

September 30th deadline to provide pay data to EEOC Following an April 25, 2019 federal court ruling, employers with 100 or more employees should begin to prepare to report pay data to the U.S. Equal Employment Opportunity Commission (EEOC) by September 30, 2019. While there is a possibility that an appeals court could stay this reporting requirement before then, covered employers should operate under the assumption that they will need to meet this September 30,…

Global Workplace Insider

Expanding definition of “sex discrimination” under Title VII

By James Hughes on April 24, 2017

The Judiciary continues to act where Congress will not All employment attorneys—and most employers—know that Title VII bars discrimination based on certain enumerated personal characteristics: race, color, religion, sex, and national origin. It has long been the case that “sex” meant biological sex only, i.e., discriminating against a woman because she is a woman, or against a man because he is a man, is plainly illegal under Title VII. By contrast, unlike some equivalent state…

Global Workplace Insider

2016 Defend Trade Secrets Act creates federal cause of action for theft of trade secrets

By James Hughes on April 28, 2016

(and don’t forget to update your handbooks or employment agreements) Congress passes Defend Trade Secrets Act of 2016 Yesterday, Congress broke new ground in federal law, passing the Defend Trade Secrets Act of 2016. Once it receives the expected signature from the President, the DTSA will create a federal private cause of action for misappropriation of trade secrets. Previously, federal protection of trade secrets was confined to seldom-used criminal provisions, and civil injunctive relief…

Global Workplace Insider

Check state and local laws…

By James Hughes on May 15, 2015

When lawyers advise on federal law, they frequently conclude with a warning to check state or local law for additional requirements. This probably strikes most readers as boilerplate. It is a warning that is probably ignored as often as it is followed. However, it is a warning that should be heeded. Take the state of Missouri, for example. This is not a state that most observers would identify as hostile to employers, or as a hotbed…

Global Workplace Insider

Accommodating religious preferences of job applicants: EEOC vs. Abercrombie & Fitch goes to the US Supreme Court

By James Hughes on February 5, 2015

Under Title VII, employers have a duty to reasonably accommodate the religious beliefs of applicants and employees, where it is not an undue hardship to do so. Similar to requirements under the Americans with Disabilities Act, this includes an obligation to engage in an interactive dialogue with the applicant or employee regarding the need for an accommodation. This month, the U.S. Supreme Court will hear oral argument on a long-running religious-accommodation case brought by the…

Global Workplace Insider

Update: CVS wins summary judgment on EEOC challenge to separation agreements, appeal pending

By James Hughes on December 16, 2014

In April, we wrote “EEOC takes aim at CVS, examining common separation agreements”, which covered an important case pending in the US District Court for the Northern District of Illinois. The EEOC had sued CVS Pharmacy, accusing CVS of engaging in a “pattern or practice of resistance” to Title VII by requiring departing employees to sign a standard separation agreement in exchange for severance payments. It was apparent that the EEOC was hoping to…

Global Workplace Insider

Obamacare: does it hide a potent whistleblower pill?

By Mario Barrera (US) & James Hughes on May 29, 2014

The Affordable Care Act (ACA)—or “Obamacare”—has gotten plenty of attention due to technical glitches with the HealthCare.gov website, consumers’ difficulties obtaining (or keeping) insurance through the exchanges, and Health Secretary Sibelius’s recent resignation. But some notable provisions of the ACA have gone largely unremarked—particularly an amendment to Title 29 of the U.S. Code. Added by the ACA, § 218c of Title 29 not only protects employees who receive ACA healthcare credits or subsidies, it also…

Global Workplace Insider

Top 30 whistleblowing statutes – from Ralph Nader to Edward Snowden

By Mario Barrera (US) & James Hughes on May 20, 2014

In the 1970s, a particular brand of cigarettes geared towards women used the tag line “you’ve have come a long way baby,” and today, the same could be said for the term “whistleblower.” In the early to mid-20th century, individuals who reported illegal activity were often referred to in pejorative terms such as “rats” and “snitches.” But in 1970, consumer advocate Ralph Nader, who would later gain greater fame as the independent party candidate who…

Global Workplace Insider

EEOC takes aim at CVS, examining common separation agreements

By James Hughes on April 25, 2014

In what appears to be a test case by the EEOC, CVS Pharmacy is facing a surprising attack on its use of a standard separation agreement. Equal Employment Opportunity Commission v. CVS Pharmacy, Inc., No. 1:14-CV-863 (N.D. Ill.). The EEOC’s complaint—filed on February 7, 2014, in the Northern District of Illinois—accuses CVS of engaging in a “pattern or practice of resistance” to Title VII by requiring departing employees to sign the agreement in exchange for…

James Hughes

UPDATE: September 30, 2019 deadline for employer pay data reporting to EEOC will cover both 2017 and 2018 pay data

Employers with 100 or more employees must provide pay data to the EEOC by September 30, 2019

Expanding definition of “sex discrimination” under Title VII

2016 Defend Trade Secrets Act creates federal cause of action for theft of trade secrets

Check state and local laws…

Accommodating religious preferences of job applicants: EEOC vs. Abercrombie & Fitch goes to the US Supreme Court

Update: CVS wins summary judgment on EEOC challenge to separation agreements, appeal pending

Obamacare: does it hide a potent whistleblower pill?

Top 30 whistleblowing statutes – from Ralph Nader to Edward Snowden

EEOC takes aim at CVS, examining common separation agreements

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