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James G. Austin

Associate

James G. Austin

Associate

James Austin is an associate and litigation attorney with Foley & Lardner LLP. James focuses his practice on commercial litigation matters and has significant experience representing employers in labor and employment disputes. He advises clients through all stages of pre-litigation and litigation, helping them navigate complex issues to achieve their business objectives.

James has successfully defended employers in complex disputes in both state and federal courts and before administrative bodies in a variety of matters involving commercial contracts, fiduciary duties, business torts, restrictive covenant disputes, discrimination, retaliation, harassment, and collective actions under the Fair Labor Standards Act. As a part of his employment practice, James also advises employers on emerging workplace regulations, including the use of artificial intelligence (AI) in hiring and other employment practices, in addition to writing several articles on the growing trend to regulate AI in the employment context.

In his practice, James also works closely with clients and government agencies in responding to governmental inquiries, including subpoenas and civil investigative demands, and provides counsel throughout all phases of investigation.

Prior to practicing law, James served as a judicial intern for the Honorable Judge Michael A. Shipp in the U.S. District Court for the District of New Jersey, worked as a legal intern for a leading LGBTQ+ healthcare organization in Philadelphia, worked in corporate community engagement, and co-founded a 501(c)(3) organization serving LGBTQ+ young adults.

Affiliations

  • Member, Lesbian and Gay Bar Association of Chicago

Community Involvement

  • Co-Founder, Lighthouse LGBTQ, 501(c)(3)

Presentations and Publications

A person sits at a cluttered desk reviewing documents, using a calculator, with a smartphone, eyeglasses, and a calendar nearby—typical of busy law offices specializing in intellectual property law.
November 10, 2025 Labor & Employment Law Perspectives

Minnesota’s New Paid Leave Law Is Here: What Employers Need to Do Before January 1, 2026

In 2023, Minnesota enacted legislation creating a statewide Paid Family and Medical Leave program (the “Program”), which is set to take effect on January 1, 2026. The law established a publicly administered insurance program that is funded through employer and employee payroll contributions.
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October 20, 2025 Foley Viewpoints

IRS Now Permitted to Share Tax Identification Data with ICE: Considerations for Employers

The IRS and ICE's new MOU allows immigration enforcement access to taxpayer identity data without a court order, raising legal and privacy concerns. Employers should prepare for increased scrutiny and enforcement risks.
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September 22, 2025 Labor & Employment Law Perspectives

New Illinois Workplace Transparency Act Amendments Target Employer Agreements

On August 15, 2025, Governor J.B. Pritzker signed House Bill 3638 into law amending the Illinois Workplace Transparency Act (IWTA)
August 18, 2025 Labor & Employment Law Perspectives

Seventh Circuit Establishes New Standard for FLSA Conditional Collective Certification: How This May Benefit Employers

The Seventh Circuit’s recent decision in Richards v. Eli Lilly & Co. et al. (Aug. 5, 2025) marks a pivotal shift in how district courts...
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February 11, 2025 Labor & Employment Law Perspectives

Illinois Takes Aim at Artificial Intelligence in Employment

In a significant move to regulate artificial intelligence (AI) in the workplace, the Illinois Legislature amended the Illinois Human Rights Act to address the growing use of AI at various points throughout the employment process.