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.

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US: DOL issues guidance on coronavirus paid leave rule and clarifies coverage for stay-at-home orders

On April 1, 2020, the US Department of Labor (DOL) issued a temporary rule providing key guidance on paid leave under the Families First Coronavirus Response Act (FFCRA). The rule clarifies that employees covered under a federal, state or local stay–at-home order may be eligible for paid FFCRA leave but only if work or telework … Continue reading

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 and Rachel Kurth (US) on May 3, 2019 Posted in North America, United States

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 … Continue reading

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 and Rachel Kurth (US) on April 29, 2019 Posted in North America, United States

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 … Continue reading

Expanding definition of “sex discrimination” under Title VII

By James Hughes on April 24, 2017 Posted in Discrimination and harassment, United States

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 … Continue reading

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

By James Hughes on April 28, 2016 Posted in United States, Whistleblowing

(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 … Continue reading

Check state and local laws…

By James Hughes on May 15, 2015 Posted in United States

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, … Continue reading

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

By James Hughes on February 5, 2015 Posted in Discrimination and harassment, United States

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 … Continue reading

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

By James Hughes on December 16, 2014 Posted in United States

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 … Continue reading

Obamacare: does it hide a potent whistleblower pill?

By Mario Barrera (US) and James Hughes on May 29, 2014 Posted in United States, Whistleblowing

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 … Continue reading

Top 30 whistleblowing statutes – from Ralph Nader to Edward Snowden

By Mario Barrera (US) and James Hughes on May 20, 2014 Posted in United States, Whistleblowing

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 … Continue reading

EEOC takes aim at CVS, examining common separation agreements

By James Hughes on April 25, 2014 Posted in United States

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 … Continue reading