Benjamin A. Nucci

Benjamin Nucci works with employers to avoid liability by providing practical and strategic advice regarding federal and state employment law compliance, employment policies, and best practices to avoid employment litigation. Benjamin regularly presents employment law training seminars for managers and human resources professionals concerning workplace drug and alcohol testing, labor relations, cannabis issues, and paid sick time compliance.

Benjamin has extensive experience litigating labor and employment in arbitration, in state and federal court, and before state, federal, and tribal administrative agencies, including the Equal Employment Opportunity Commission, National Labor Relations Board, Department of Labor, and the Navajo Nation Labor Commission. He has defended employers in cases arising under Title VII, the Americans with Disabilities Act, the Fair Labor Standards Act, the Age Discrimination in Employment Act, the National Labor Relations Act, state discrimination and wage statutes, whistleblower statutes, as well as defended against common law causes of action such as breach of contract, breach of fiduciary duty, and tortious interference with contract.

Benjamin also assists clients manage labor relations, including representing employers in unfair labor practice proceedings, unionizing elections, and collective bargaining. He is listed in The Best Lawyers in America®: Ones to Watch for labor and employment litigation and management-sided work.

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 Nucci advises employers on business immigration strategy, counseling, and implementation. His practice covers all aspects of employment-based immigration into the United States. He works closely with employers to structure their immigration programs and develop long-term visa strategies for key employees in various industries, including gaming, software development, data analytics, education (private and public), and healthcare. He has extensive experience in obtaining non-immigrant work visas and employment-based immigrant visas for professional, management, and specialized skill employees.

Benjamin also advises employers on a range of workplace immigration compliance issues, including Form I-9/E-Verify best practices, Immigration and Customs Enforcement (ICE) audits, Department of Labor investigations, 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

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 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

Education

• The University of Arizona, James E. Rogers College of Law (J.D., cum laude)
  • 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
  • International Law Society, President
• La Trobe University, School of Law, Melbourne, Australia (LL.B., with distinction)
• Royal Melbourne Institute of Technology (RMIT) (B.S., Psychology)
  • Study Abroad: Universitá di Siena, Italy

Languages

Italian

Awards & Recognition

• Southwest Super Lawyers®, Rising Stars Edition, Employment & Labor (2024)
• The Best Lawyers in America^®: Ones to Watch, Labor and Employment Litigation (2022-2025); Labor and Employment Law — Management (2023-2025)
• Arizona Bar Foundation Top Pro Bono Attorney of the Year (2019)

Previous 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)

Professional Memberships and Activities

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

Community Involvement

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

Representative Presentations and Publications

Presentations

• “Union Organizing Update,” Presenter, SHRM Labor Conference (April 18, 2024)
• “Recent Trends in Union Elections,” Presenter, SHRM Labor Conference (April 26, 2023)
• “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)

Treaties

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

Legal Publications

• “Ground Rules: Supreme Court Affirms the Standard for NLRB Injunctive Relief,” Co-Author, Snell & Wilmer Legal Alert (June 14, 2024)
• “How to Avoid ‘Document Abuse’ with I-9s,” Featured, Quoted, SHRM (April 5, 2024)
• “Form I-9 Remote Verification Open to E-Verify Employers,” Author, Snell & Wilmer Legal Alert (July 22, 2023)
• “’Tis the Season for H1-B Visas: The FY2021 Cap Lottery is Almost Here!,” Co-Author, Snell & wilmer Legal Alert (February 7, 2023)
• “CBP Eliminates Passport Entry Stamps,” Author, Snell & Wilmer Legal Alert (October 17, 2022)
• “USCIS Says Continue To Use Current Form I-9 Past Expiration,” Author, Snell & Wilmer Legal Alert (October 14, 2022)
• “NLRB Union Election Guidelines Realigned,” Author, Snell & Wilmer Legal Alert (September 20, 2022)
• “Travel Ban Round Two,” Co-Author, Snell & Wilmer Legal Alert (December 3, 2021)
• “Work Authorization Update—Relaxed Rules For E, L, and H Spouses,” Co-Author, Snell & Wilmer Legal Alert (November 29, 2021)
• “COVID-19 Vaccine Requirements for Travel to the U.S. – Are Your Employees Ready?,” Co-Author, Snell & Wilmer Labor and Employment Law Blog (November 9, 2021)
• “New Procedures for Employers Managing I-9 Forms,” Co-Author, Snell & Wilmer Legal Alert (July 13, 2021)
• “New Mexico Check-Up: Paid Sick Leave Coming 2022,” Author, Snell & Wilmer Legal Alert (April 26, 2021)
• “USCIS Expands Premium Processing Program To Include Aussie E-3,” Co-Author, Snell & Wilmer Legal Alert (February 24, 2021)
• “Show Them the Money:  Colorado’s New Equal Pay Law,” Co-Author, Snell & Wilmer Legal Alert (December 7, 2020)
• “Mail or In-Person Voting? The NLRB Issues Guidance on Representation Elections During the COVID-19 Pandemic,” Co-Author, Snell & Wilmer Legal Alert (November 12, 2020)
• “Let’s Stay Out of the Weeds – Prop 207,” Co-Author, Arizona Rock Products Association Newsletter (October 2020)
• “Let’s Stay Out of the Weeds – Arizona’s Recreational Marijuana Proposition,” Co-Author, Snell & Wilmer Legal Alert (September 21, 2020)
• “Colorado Enacts the ‘Healthy Families and Workplace Act’,” Co-Author, Snell & Wilmer Legal Alert (July 23, 2020)
• “COVID-19: Employment Squalls Likely to Hit Employees,” Co-Author, Snell & Wilmer Legal Alert (July 14, 2020)
• “Judge Red Cards U.S. Women’s Soccer Team’s Equal Pay Claim,” Author, Snell & Wilmer Legal Alert (May 7, 2020)
• “Immigration Alert: Form I-9 Announcements,” Co-Author, Snell & Wilmer Legal Alert (April 29, 2020)
• “Proclamation Suspending Entry of Immigrants,” Co-Author, Snell & Wilmer Legal Alert (April 23, 2020)
• “Form I-9 and COVID-19: Flexibility in Compliance Requirements,” Author, Snell & Wilmer Legal Alert (March 20, 2020)
• “New Version of Form I-9,” Author, Snell & Wilmer Labor and Employment Law Blog (January 31, 2020)
• “H-1B Lottery Registration – New Process,” Co-Author, Snell & Wilmer Legal Alert (January 22, 2020)
• “New Mexico Employment Law 2019 Review,” Co-Author, Snell & Wilmer Legal Alert (December 30, 2019)
• “EEOC Changes Policy on Mandatory Arbitration,” Co-Author, Snell & Wilmer Labor and Employment Law Blog (December 22, 2019)
• “H-1B Cap: New Year, New Lottery System!,” Co-Author, Snell & Wilmer Legal Alert (December 10, 2019)
• “Immigration Alert: USCIS Says Continue to Use Current Form I-9 Past Experience,” Author, Snell & Wilmer Labor and Employment Law Blog (August 28, 2019)
• “Does your Employee Handbook have a Lactation Accommodation Policy?,” Co-Author, Snell & Wilmer Legal Alert (February 12, 2019)
• “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)
• “H-1B Employment Visa Lottery for 2019!,” Author, Snell & Wilmer Legal Alert (January 15, 2019)
• “Irish Citizens Get Access to Unused Australian E-3 Work Visas,” Author, Snell & Wilmer Legal Alert (December 14, 2018)
•  “TN Visas Remain Under NAFTA Replacement,” Author, Snell & Wilmer Global Connection (November 14, 2018)
• “States Push Back on Local Paid-Sick-Leave Laws,” Quoted, HR Magazine (October 22, 2018)
• “TN Visas Remain Under NAFTA Replacement,” Author, Snell & Wilmer Legal Alert (October 10, 2018)
• “Massachusetts Legislation Imposes New Requirements On Non-Compete Agreements,” Author, Snell & Wilmer Legal Alert (August 22, 2018)
• “#MeToo Era Settlements…$3.5 Million at a Time,” Co-Author, Snell & Wilmer Legal Alert (August 14, 2018)
• “Federal Paid Time Off: Sen. Rubio’s Social Security Paid Leave Proposal.” Author, Snell & Wilmer Labor and Employment Law Blog (August 8, 2018)
• “Federal Preemption of State and Local Paid Sick Leave Laws,” Co-Author, Snell & Wilmer Legal Alert (August 2, 2018)
• “New Jersey Joins The Paid Sick Time Movement,” Author, Snell & Wilmer Labor and Employment Law Blog (May 7, 2018)
• “Immigration Update: USCIS reaches FY 2019 H-1B Visa Cap,” Author, Snell & Wilmer Labor and Employment Law Blog (April 6, 2018)
• “Immigration Alert: Re-Registration for El Salvador TPS Beneficiaries,” Co-Author, Snell & Wilmer Labor and Employment Law Blog (February 2, 2018)
• “AZ: Prohibit Confidentiality Agreements in Sex Assault/Harassment Cases,” Author, Snell & Wilmer Labor and Employment Law Blog (January 19, 2018)
• “DOL Adopts Primary Beneficiary Test to Assess Whether Interns are Employees,” Author, Snell & Wilmer Labor and Employment Law Blog (January 5, 2018)
• “Arizona’s Industrial Commission Publishes Final Paid Sick Time Regulations,” Author, Snell & Wilmer Labor and Employment Law Blog (December 7, 2017)
• “Immigration Update: New Form I-765 Allows Foreign Nationals to obtain Employment Authorization Document and Social Security Number Simultaneously,” Co-Author, Snell & Wilmer Labor and Employment Law Blog (October 6, 2017)
• “Immigration Alert: California Passes Bill Restricting ICE Entering Businesses,” Co-Author, Snell & Wilmer Labor and Employment Law Blog (September 18, 2017)
• “Immigration Alert: DHS Commits to Ending DACA,” Author, Snell & Wilmer Labor and Employment Law Blog (September 5, 2017)
• “Federal Court strikes down Overtime Rule,” Co-Author, Snell & Wilmer Labor and Employment Law Blog (August 31, 2017)
• “New Form I-9 Released,” Author, Snell & Wilmer Legal Alert (July 20, 2017)
• “New Guidance on Paid Sick Time: Industrial Commission of Arizona Supplements its Proposed Regulations,” Co-Author, Snell & Wilmer Legal Alert (June 30, 2017)
• “Does Your Federal Contractor Paid Sick Leave Policy Comply with Prop. 206?” Co-Author, Snell & Wilmer Labor and Employment Law Blog (June 27, 2017)
• “Arizona’s Paid Sick Leave Law: New Guidance from the Industrial Commission,” Co-Author, Snell & Wilmer Workplace Word (May 31, 2017)
• “New Mexico Minimum Wage Increases in 2017,” Author, Snell & Wilmer Legal Alert (February 17, 2017)
• “IMMIGRATION UPDATE: Executive Order’s Travel Ban Creates Chaos for Foreign Workers and Their Employers,” Co-Author, Snell & Wilmer Legal Alert (January 30, 2017)
• “Arizona Legislative Assistance in Correctly Classifying Workers as Independent Contractors,” Co-Author, Snell & Wilmer Legal Alert (January 17, 2017)
• “Arizona Employers Must Post Minimum Wage Poster On or Before January 1, 2017,” Co-Author, Snell & Wilmer Legal Alert (December 30, 2016)
• “Government Contracting and Executive Orders Under a Trump Administration – Part One,” Co-Author, Snell & Wilmer Legal Alert (November 10, 2016)
• “Arizona Passes Proposition 206, Increasing the Minimum Wage and Requiring Paid Sick Leave for Hundreds of Thousands of Employees,” Co-Author, Snell & Wilmer Legal Alert (November 9, 2016)
• “Local Regulation of Minimum Wage in Arizona on the November Ballot,” Author, Snell & Wilmer Workplace Word (August 22, 2016)
• “Independent Contractors: New Mexico,” Author, Thompson Reuters: Practical Law (January 12, 2016)
• “Native American Law Watch: Solar Reservations: BLM’s ‘Fast Track’ Approvals of Solar Projects on Federally Administered Lands Causing Concern,” Author, Modrall Sperling Roehl Harris & Sisk, P.A. (Winter 2015)
• “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 International Law,” Author, The Arizona Journal of Environmental Law & Policy (March 7, 2013)
• “Australian Federal Court holds Rating Agency Owes Duty of Care to Potential Investors’ in Ian Ramsay (ed.),” Author, SAI Global Corporate Law Bulletin, Bulletin No. 184, 17, Part 6.10 (December 2012)