Benjamin A. Nucci

Benjamin A. Nucci: Attorney with Snell & Wilmer L.L.P.
  • Associate at Snell & Wilmer L.L.P.
  • Albuquerque Plaza, 201 Third Street N.W., Suite 500, Albuquerque, NM 87102
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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. Benjamin also represents employers in all aspects of labor relations, including union avoidance and preparing for and defending against unfair labor practice charges. He routinely counsels employers regarding workplace policies and procedures, and advises them on compliance with applicable labor and employment laws and regulations. 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. In addition, Benjamin counsels companies on a range of workplace issues, including I-9 compliance, E-Verify best practices and avoidance of discrimination claims based on alienage and citizenship status.

Benjamin feels privileged to regularly give back to the community through pro bono services. He supervises law students for ASU’s Homeless Legal Assistance Project, is part of the Volunteer Lawyers Program and participates in the Wills for Heroes Program which provides free estate planning legal services to first responder personnel. Benjamin was born and raised in Australia and is an avid Aussie Rules and Socceroos fan.

Representative Presentations and Publications


•Immigration Law Update, Co-Presenter, Employment Law Tool Kit Seminar, Snell & Wilmer, Costa Mesa, CA (November 7, 2017)
•“Paid Sick Time: Arizona & Local Regulation,” Co-Presenter, HRDG (March, 2017)
•“Arizona Proposition 206 & Flagstaff Proposition 414: Paid Sick Time in Arizona,” Co-Presenter, Home Care Association of America (February, 2017)
•“Proposition 206: Minimum Wage & Paid Sick Time,” Presenter, Arizona Rock Products association (January, 2017)
•“Arizona Ballot 2016,” Presenter, Arizona Total Rewards Association (September, 2016)
•“Human Resources Legal Update,” Presenter, Arizona Total Rewards Association (June, 2016 - Present)

Legal Publications

• States Push Back on Local Paid-Sick-Leave Laws, Quoted, HR Magazine (October 25, 2018)
• New Guidance on Paid Sick Time: Industrial Commission of Arizona Supplements its Proposed Regulations, Co-Author, Snell & Wilmer Legal Alert (June 30, 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)

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)

Related Publications

Dec 14
Irish Citizens Get Access to Unused Australian E-3 Work Visas

Nov 14
Global Connection - November 2018

Oct 10
TN Visas Remain Under NAFTA Replacement

Aug 22
Massachusetts Legislation Imposes New Requirements On Non-Compete Agreements

Aug 14
#MeToo Era Settlements...$3.5 Million at a Time

Aug 02
Federal Preemption of State and Local Paid Sick Leave Laws

Jul 20
Legal Alert - New Form I-9 Released

Jun 30
Legal Alert - New Guidance on Paid Sick Time: Industrial Commission of Arizona Supplements its Proposed Regulations

May 31
Workplace Word - Arizona’s Paid Sick Leave Law: New Guidance from the Industrial Commission

Feb 17
Legal Alert - New Mexico Minimum Wage Increases in 2017

Related News & Events

Aug 14
Phoenix Associate Benjamin A. Nucci Selected as Young Lawyers Division Liaison for State Bar of Arizona's International Law Section

Areas of Practice (3)

  • Immigration
  • Labor and Employment
  • Native American Affairs

Education & Credentials

Contact Information:
University Attended:
Royal Melbourne Institute of Technology, RMIT
Law School Attended:
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; Study Abroad: Universita di Siena, Italy, 2005
Year of First Admission:
United States District Court, District of Arizona; Navajo Nation; Supreme Court of Colorado; Supreme Court of Arizona; Supreme Court of New Mexico; United States District Court, District of New Mexico; Tribal Courts of the Navajo Nation; Arizona; Colorado; New Mexico

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

Reported Cases:
Representative Matters: Represented a multinational natural resource company before the New Mexico Human Rights Bureau and Equal Employment Opportunity Commission in four separate cases; Represented a national corporation in an employee negligence case that settled before engaging costly experts and commencing depositions

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Albuquerque, New Mexico

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