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.
- 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.
- 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