Attorney Profile:

Benjamin J. Naylor

Benjamin J. Naylor: Attorney with BurnsBarton LLP

Biography

Professional Experience

Ben Naylor practices in the areas of labor and employment law and general litigation. His recent experience includes:

- Obtained defense verdict in Federal jury trial involving Section 1981 and state law workers' compensation retaliation claims.

- Obtained defense verdict on breach of employment contract claim in Superior Court jury trial.

- Successfully defeated motion to conditionally certify FLSA (wage and hour) collective action against high-profile international registrar of internet domain names; the defeated class would have included several thousand employees across multiple states.

- Successful first-chair defense of major aviation company against disability discrimination claims valued at more than $400,000.

- Successful co-defense of worldwide funeral and cemetery company in two wage and hour collective actions where class certification of more than 10,000 current and former hourly employees was denied.

- Successful defense of worldwide package delivery company against ADA claims at district court and Ninth Circuit levels.

- Successful defense of major aviation company against Title VII discrimination claims and tort claims valued at $350,000.

- Successful defense of public company against Section 301 LMRA claim at district court and Ninth Circuit levels.

- Successful defense of worldwide funeral and cemetery company against tort and contract claims.

- Defending organized employers in labor arbitrations and Department of Labor proceedings.

- Counseling and representing employers in matters related to human resources, preventing and defending lawsuits and administrative actions, and advising employers on current trends and compliance with state and federal employment laws including FLSA, ERISA, FMLA, USERRA, Title VII, ADA, and ADEA.

- Representing corporate and individual clients in temporary restraining order (TRO) and preliminary injunction proceedings relating to restrictive covenants, such as non-compete and non-solicitation agreements.

- Defending employers against wage claims, discrimination claims, and unemployment claims before the Equal Opportunity Commission (EEOC), Department of Labor (DOL), and various state agencies.

- Defending various tort claims, including products liability, negligence, emotional distress, fraud and contract interference claims.

- Preparing comprehensive employment policies and handbooks for numerous employers in many states.

- Preparing executive and general employment contracts in the high-tech, non-profit, healthcare and other industries.


Professional Recognition

- Selected for inclusion in Southwest Super Lawyers®- Rising Stars Edition (Employment & Labor), 2014.

- Selected for inclusion in Illinois Super Lawyers®- Rising Stars Edition (Employment & Labor), 2012 and 2013.


Selected Presentations/Publications

- Co-author, "Illinois Supreme Court Makes New Rules for Employers Who Use Noncompete Agreements," Quarles & Brady Labor & Employment Law Alert, December 2011.

- "The Risks and Advantages to Employers of Using Professional Employment Organizations (PEO's)," In-House Seminar, April 2011.

- Author, "New HIRE Act Provides Tax Breaks for Employers," Quarles & Brady Labor & Employment Law Update, April 15, 2010.

- "Identifying and understanding your obligations under the WARN Act," 2010 AZSHRM Employment Law & Legislative Conference, February 2010.

- "WARN If You Must... But Consider the Alternatives," 2009 Arizona SHRM State Conference, September 2009.

- National Origin Discrimination in the Workplace, In-House Seminar, December 2009.

- "You Want to See Retaliation? I'll Show You Retaliation!," 16th Annual Quarles & Brady LLP, Labor & Employment Law Symposium, September 2007.

- Impact of the New Minimum Wage Act on Arizona Employers, Quarles & Brady Breakfast Seminar, December 2006.

- "Privacy Issues in the Workplace: How Far Can Employers Go to Protect Their Businesses," 15th Annual Quarles & Brady Streich Lang LLP, Labor & Employment Law Symposium, September 2006.

- Public Employee First Amendment and Whistleblower Rights After Garcetti v. Ceballos, 30th Annual ASBA Legal Perspectives Conference, September 2006.

Areas of Practice (3)

  • Labor and Employment Law
  • General Litigation
  • Employment Litigation

Education & Credentials

Contact Information:
602-753-4507  Phone
602-419-2211  Fax
www.burnsbarton.com
University Attended:
University of Iowa, B.A., with distinction, Phi Beta Kappa, 2002
Law School Attended:
University of Iowa College of Law, J.D., with distinction, Journal of Corporation Law, 2003-2004, 2005
Year of First admission:
2005
Admission:
2005, Arizona; 2010, Illinois; 2013, Iowa; U.S. Court of Appeals, 7th Circuit; U.S. Court of Appeals, 9th Circuit; U.S. District Court, District of Arizona; U.S. District Court, Northern District of Illinois including Trial Bar; U.S. District Court, Central District of Illinois
Memberships:
State Bar of Arizona (Member).
Illinois State Bar Association (Member).
Iowa State Bar Association (Member).
Maricopa County Bar Association (Member).
Society of Human Resource Professionals (SHRP).
Reported Cases:
St. Ange v. ASML, Inc., 3:10-CV-79-WWE, 2012 WL 4490535 (D. Conn. Sept. 27, 2012) (full defense verdict on February 19, 2014); Villone v. United Parcel Serv., Inc., 540 F. App'x 798 (9th Cir. 2013); Murphy v. Sebit, LLC, CV-11-589-TUC-CKJ, 2012 WL 2872111 (D. Ariz. July 12, 2012); Corbin, et al. v. GoDaddy.com, Inc., CV-10-1313-PHX-SMM (D. Ariz. Sept. 24, 2012) (denying plaintiff's motion for conditional certification in FLSA collective action [Dkt. 100]); Blomberg v. Serv. Corp. Int'l, 639 F.3d 761 (7th Cir. 2011); Granillo v. United Parcel Serv., Inc., 363 F. App'x 453 (9th Cir. 2010); Jimerson v. Garrett Aviation Servs., LLC, CIV.A. H-09-0790, 2010 WL 5067692 (S.D. Tex. Dec. 6, 2010); Gil v. JPMorgan Chase Bank, N.A., CIV 07-0181PHXSMM, 2009 WL 1628876 (D. Ariz. June 10, 2009); Gribben v. United Parcel Serv., Inc., CV-04-2814-PHX-FJM, 2006 WL 1600378 (D. Ariz. June 5, 2006) aff'd in part and remanded, 528 F.3d 1166 (9th Cir. 2008)
ISLN:
918614597

Peer Reviews

  • 4.9/5.0 12 reviews
  • A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.
  • Legal Knowledge

    5.0/5.0
  • Analytical Capability

    5.0/5.0
  • Judgment

    5.0/5.0
  • Communication

    5.0/5.0
  • Legal Experience

    4.7/5.0
  • 5.0/5.0 by a Senior Associate on 10/28/14 in Commercial Litigation

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0

    Read less

  • 5.0/5.0 by a Partner on 10/27/14 in Family Law

    Ben Naylor is a highly capable attorney, who is very knowledgeable about the law and committed to top quality representation of his clients. Read more

    Ben Naylor is a highly capable attorney, who is very knowledgeable about the law and committed to top quality representation of his clients.

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0

    Read less

  • 5.0/5.0 by a Principal on 10/23/14 in Corporate Commercial Law

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0

    Read less

  • 5.0/5.0 by a Partner on 10/11/14 in Labor and Employment

    I worked with Ben for approximately 7-8 years. He is an excellent lawyer and is very diligent. He represents his clients well and I recommend him frequently to client i... Read more

    I worked with Ben for approximately 7-8 years. He is an excellent lawyer and is very diligent. He represents his clients well and I recommend him frequently to client in need of labor and employment services.

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0

    Read less

  • 5.0/5.0 by a Partner on 10/09/14 in Employment Law

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0

    Read less

  • 5.0/5.0 by a Partner on 10/09/14 in Employment Defense

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0

    Read less

  • 5.0/5.0 by a Partner on 10/09/14 in Labor and Employment

    I worked with Ben in the past and found him to be an excellent, well-rounded attorney. He has the ability to project confidence and his substantive knowledge and analytic... Read more

    I worked with Ben in the past and found him to be an excellent, well-rounded attorney. He has the ability to project confidence and his substantive knowledge and analytical ability are flawless. Being in a different practice area it was imperative to have an L&E attorney whose advice I could fully trust and who could demonstrate full competence and ability as he interracted with my clients. Although Benjamin is still relatively early in his career, he always hit the mark in these respects.

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0

    Read less

  • 5.0/5.0 by a Partner on 10/09/14 in Complex Litigation

    Ben is a top-flight litigator and trial lawyer with a great mind for strategy and the technical skills to achieve the strategic goals. Read more

    Ben is a top-flight litigator and trial lawyer with a great mind for strategy and the technical skills to achieve the strategic goals.

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0

    Read less

  • 4.8/5.0 by a Partner on 10/09/14 in Employment Law

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      4.0/5.0

    Read less

  • 4.8/5.0 by a Government Counsel on 10/09/14 in Litigation

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      4.0/5.0

    Read less

See All 12 Reviews See All 12 Reviews »


*Peer Reviews provided before April 15, 2008 are not displayed.

Client Reviews

Disclaimer

Documents ({{amountArticles}})

Documents by this lawyer on Martindale.com
Other documents: ,

Phoenix, Arizona

Contact Benjamin J. Naylor

Please correct the fields highlighted in red.

By clicking on the "Submit" button, you agree to the Terms of Use, Supplemental Terms and Privacy Policy. You also consent to be contacted at the phone number you provided, including by autodials, text messages and/or pre-recorded calls, from Martindale and its affiliates and from or on behalf of attorneys you request or contact through this site. Consent is not a condition of purchase.


You should not send any sensitive or confidential information through this site. Emails sent through this site do not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent though this site could be intercepted or read by third parties.