People•Benjamin A. Nucci
Benjamin A. Nucci
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Benjamin A. Nucci

Partner
People•Benjamin A. Nucci

Benjamin Nucci's practice is concentrated in immigration law, employment law, and traditional labor law. In the immigration area, Benjamin represents employers and individuals in obtaining immigrant and non-immigrant visas and counsels companies on a range of workplace immigration compliance issues. Benjamin’s employment litigation practice is centered on defending employers against claims of employment discrimination, wrongful discharge, hybrid collective/class action wage and hour violations, and breach of contract. Benjamin also represents employers in traditional labor matters, representative case proceedings, unfair labor practices cases, negotiating collective bargaining agreements, and handling labor arbitrations.

Benjamin also serves as co-chair of Snell & Wilmer's Pro Bono Committee. Benjamin was born and raised in Australia and is an avid Aussie Rules and Socceroos fan.

Benjamin represents employers in all aspects of human resources to help companies avoid litigation, if possible, through best practices. His employment practice includes defending employers against claims of employment discrimination, defending employers in hybrid collective/class action wage and hour violations, and counseling employers on best practices concerning medical marijuana and paid sick time policies. Benjamin also represents employers in all aspects of labor relations, from collective bargaining and National Labor Relations Act training, to prosecuting and defending against unfair labor practice charges.

Representative Experience

  • Defended employers from claims before the U.S. Equal Employment Opportunity Commission, Arizona Civil Rights Commission, Colorado Civil Rights Division, New Mexico Human Rights Bureau, U.S. Department of Labor, National Labor Relations Board, Navajo Nation Office of Labor Relations, and Navajo Nation Labor Commission
  • Counseled employers on multi-state layoffs and WARN obligations
  • Represented employers in wage and hour “hybrid” class/collective actions
  • Negotiated collective bargaining agreements on behalf of management
  • Drafted comprehensive employment agreements, policies, and handbooks for employers
  • Conducted internal investigations regarding harassment, discrimination, fraud, and violation of company policy


 

Benjamin assists companies with obtaining non-immigrant visas/status for their foreign national workforce and helps develop long term workable immigration strategies. He counsels clients through the family and employment-based U.S. permanent residence processes and advises companies on a range of workplace immigration compliance issues, including Form I-9 best practices, Immigration and Customs Enforcement (ICE) audits, and avoidance of discrimination claims based on alienage and citizenship status.

Representative Experience

  • Bringing foreign nationals to U.S. to work under the following non-immigrant visas: E-2, E-3, H-1B, J-1, L-1 and O-1
  • Assisting foreign nationals in transition from non-immigrant status to immigrant status through labor certifications, I-140 and I-130 filing, and adjustment of status or consular processing
  • Advising clients on EB-5 (regional center projects and individual investors)
  • Representing companies in ICE audits, USCIS Fraud Detection and National Security Directorate audits, and Department of Labor audits
  • Representing companies subject to a worksite raid
Representative Clients
  • Gaming industry
  • Software development
  • Data analytics
  • Biomedical and biotech
  • Education (private and public)
  • Government
  • Retail

  • The University of Arizona, James E. Rogers College of Law (J.D., cum laude, 2013)
    • Articles Manager, Arizona Journal of Environmental Law & Policy
    • Best Comment Award: From Comity To Comedy: The Ninth Circuit's Blanket Injunction On The Sea Shepherd's Southern Ocean Activities May Be Laughing In The Face Of Established International Law, 3 Ariz. J. Envtl. L. & Pol’y 1051 (2013)
    • International Law Society, President
  • La Trobe University, School of Law, Melbourne, Australia (LL.B., with distinction, 2014)
  • Royal Melbourne Institute of Technology (RMIT) (B.S., Psychology, 2007)
    • Study Abroad: Universitá di Siena, Italy (2005)

  • American Immigration Lawyers Association
  • State Bar of Arizona
  • State Bar of Colorado
  • State Bar of New Mexico

Presentations

  • “Business Immigration Updates,” Co-Presenter, 2021 Employment Law Tool Kit Two-Part Webinar Series: Session 1: Issues for All Employers (November 4, 2021)
  • “New Mexico Check-Up: Paid Sick Leave Coming 2022”, Presenter, New Mexico Department of Transportation (October 27, 2021)
  • "Cannabis in the Arizona Workplace," Co-Presenter, Clients of Premier Risk Management, Phoenix, Arizona (August 30, 2021)
  • "Changes in Union Organizing Elections," Presenter, SHRM of Greater Phoenix Labor Conference (July 28, 2021)
  • "Business Immigration Update," Presenter, Snell & Wilmer Virtual CLE Series (June 1, 2021)
  • "Telephone Presentation: Managing Business Needs During a Pandemic," Snell & Wilmer (April 20, 2020)
  • "Immigration Law Update," Co-Presenter, Employment Law Tool Kit Seminar, Snell & Wilmer, Costa Mesa, CA (November 6, 2019)
  • "International Business: Export Considerations and US Immigration Update," Co-Presenter, State Bar of Arizona International Law Section (May 16, 2019)
  • “Present & Future of Labor/Employment Law: One-Year “checkup” on Arizona’s paid sick leave requirement,” Co-Presenter, Arizona State Bar (June 29, 2018)
  • “FMLA and the ADA: Important Issues to Consider for Employers,” Presenter, Arizona Rock Products Association (March 28, 2018)
  • "Immigration Law Update," Co-Presenter, Employment Law Tool Kit Seminar, Snell & Wilmer, Costa Mesa, CA (November 7, 2017)
  • “Paid Sick Leave Check-Up: Update on the First Four Months of Mandatory Paid Sick Leave for Arizona Employers,” Co-Presenter, Arizona State Bar Business Law and Employment & Labor Law Section (October 18, 2017)
  • “FMLA and the ADA issues for Employers,” Presenter, Goodwill of Central and Northern Arizona (July 17, 2017)
  • “Proposition 206: Impact on Arizona Employers,” Presenter, Arizona Department of Transportation Passing Zone Series (April 14, 2017)
  • “Paid Sick Time: Arizona & Local Regulation,” Co-Presenter, HRDG (March 7, 2017)
  • “Arizona Proposition 206 & Flagstaff Proposition 414: Paid Sick Time in Arizona,” Co-Presenter, Home Care Association of America (February 23, 2017)
  • “Proposition 206: Minimum Wage & Paid Sick Time,” Presenter, Arizona Rock Products Association (January 11, 2017)
  • “Arizona Ballot 2016,” Presenter, Arizona Total Rewards Association (September 15, 2016)
  • “Human Resources Legal Update,” Presenter, Arizona Total Rewards Association (June, 2016 – Present)

Treatises

  • Bloomberg Law, “How to Take a Case Before the NLRB,” Chapter Editor (2020, 2021)  

Legal Publications

  • The Best Lawyers in America®: Ones to Watch, Labor and Employment Litigation (2022-2023); Labor and Employment Law — Management (2023)
  • Arizona Bar Foundation Top Pro Bono Attorney of the Year (2019)

  • Florence Immigration & Refugee Rights Project, pro bono attorney
  • Volunteer Lawyers Program

  • Brownstein, Hyatt, Farber, Schreck, LLP, Associate (2015-2016)
  • Modrall, Sperling, Roehl, Harris & Sisk, P.A., Associate (2014-2015), Summer Associate (2013)
  • U.S. District Court, District of Arizona, Judicial Clerk to The Hon. Magistrate Judge D. Thomas Ferraro (2012)
  • DLA Piper, Australia, Summer Associate (2012-2013)
  • Toni&Guy, Summer Associate (2012)

  • Italian

  • Arizona
  • Colorado
  • Navajo Nation
  • New Mexico

  • Supreme Court of Arizona
  • Supreme Court of Colorado
  • Supreme Court of New Mexico
  • Tribal Courts of the Navajo Nation
  • United States Court of Appeals, Ninth Circuit
  • United States District Court, District of Arizona
  • United States District Court, District of Colorado
  • United States District Court, District of New Mexico
  • United States District Court, Western District of Pennsylvania
  • United States Immigration Court