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Benjamin A. Nucci

Benjamin A. Nucci

Associate| Phoenix|Albuquerque

Benjamin Nucci’s practice is concentrated in labor and employment law, immigration and Native American affairs. He focuses primarily in the area of employment litigation, including representing employers against claims alleging discrimination, retaliation and wrongful termination matters involving state and federal wage and hour laws, restrictive covenants, and various contract issues. In addition, Benjamin represents employers in all aspects of labor relations, including union avoidance, labor arbitration, collective bargaining agreement negotiation, and preparing for and defending against unfair labor practice charges. He routinely counsels employers regarding workplace policies and procedures. Benjamin is a frequent speaker, and manages Snell & Wilmer’s Labor and Employment blog.

Benjamin is also a member of the firm’s immigration practice group, and assists clients in obtaining both immigrant and non-immigrant visas. He has experience advising large and small corporations on nonimmigrant petitions, family and employment based permanent resident processes, and adjustment of status. Benjamin counsels employers on a range of workplace issues, including Form I-9 compliance and U.S. Immigration and Customs Enforcement investigations.

Benjamin was born and raised in Australia and is an avid Aussie Rules and Socceroos fan.

Representative Matters

  • Defending employers in federal and state employee discrimination and retaliation litigation
  • Representing employers 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, U.S. Immigration and Customs Enforcement, and other administrative entities against wage and hour, discrimination, and retaliation charges, including conducting investigations, drafting position statements, and participating in mediation/conciliation/arbitration
  • Negotiating collective bargaining agreements on behalf of management
  • Advising employers operating on tribal lands, including representing employers before the Navajo Nation Labor Commission and the Navajo Nation Office of Labor Relations
  • Drafting comprehensive employment agreements, policies and handbooks for employers
  • Drafting and enforcing restrictive covenants, including non-competition, non-solicitation, and confidentiality agreements in the employment setting
     

Education

  • The University of Arizona, James E. Rogers College of Law (J.D., cum laude, 2013)
    • Articles Manager, Arizona Journal of Environmental Law & Policy
    • International Law Society, President
  • La Trobe University, School of Law, Melbourne, Australia (LL.B., with distinction, 2014)
    • La Trobe Moot Court Finalist
    • Law Students Association Board
    • Judicial Mentor Program
    • Crockett Chambers Barrister Program
  • Royal Melbourne Institute of Technology (RMIT) (B.S., Psychology, 2007)
    • Study Abroad: Universitá di Siena, Italy (2005)

Professional Memberships and Activities

  • State Bar of Arizona
    • Employment and Labor Law Section
    • Indian Law Section
    • International Law Section
      • Executive Committee, Young Lawyer's Division Liaison (present)
  • State Bar of Colorado
    • Employment and Labor Law Section
  • State Bar of New Mexico
    • Employment and Labor Law Section
  • American Bar Association
  • American Immigration Lawyers Association
  • International Bar Association

Representative Presentations and Publications

Presentations

  • "Critical Issues for Employers in the Hiring Process: I-9 Compliance, Disability Inclusion, and Interview Questions," Co-Author, Snell & Wilmer Workplace Word (January 30, 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)

Legal Publications

Community Involvement

  • Wills for Heroes Program
  • Volunteer Lawyers Program
  • ASU Homeless Legal Clinic, Supervisor

Other Professional Experience

  • 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)

Languages

  • Italian

Bar Admissions

  • Arizona
  • Colorado
  • Navajo Nation
  • New Mexico

Court Admissions

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