Joseph A. Kroeger

Joseph A. Kroeger: Attorney with Snell & Wilmer L.L.P.
  • Partner at Snell & Wilmer L.L.P. (433 Attorneys)
  • One South Church Avenue, Suite 1500, Tucson, AZ 85701
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As a former in-house counsel, Joe Kroeger brings a corporate perspective to the practice of law to best serve the needs of his clients in an effective and cost-efficient manner. His practice focuses heavily on the prevention side of employment claims and positioning problem employment situations for the best possible defense.

Joe's practice is concentrated in labor and employment. He represents employers in a variety of areas, including employment discrimination and harassment, wrongful discharge, breach of contract, misappropriation of trade secrets, non-competition/non-solicitation matters, social media, alternative dispute resolution and arbitration agreements, labor arbitrations, NLRB charges, and other related areas. Joe is also a member of the firm’s Privacy and Data Security group, and has experience in issues related to the Fair Credit Reporting Act, HIPAA, the Computer Fraud and Abuse Act, employee background checks and drug testing, employer protection of intellectual property, e-discovery and other employment-related privacy issues. He has litigation experience in a variety of federal and state judicial and administrative forums, as well as class action litigation. Joe has first-chaired cases to favorable verdicts in front of both federal and state juries. He further counsels and advises employers with respect to all of the above areas.

Joe is the managing partner of the firm's Tucson office and a member of the firm's Hiring and Marketing Committees. Joe is licensed to practice in Arizona, California, Colorado and Illinois.

Representative Presentations and Publications

• Fair Credit Reporting Act Update: Employers Within the Ninth Circuit Are Required to Provide a “Stand-alone” Background Check Disclosure Form - Yes, Literally, Co-Author, Snell & Wilmer Legal Alert (February 7, 2019)
• Employers Will Be Required to Utilize a New 'A Summary of Your Rights Under the Fair Credit Reporting Act' Form, Co-Author, Snell & Wilmer Legal Alert (September 26, 2018)
• What Your Company Can Learn From the Bryan Colangelo Twitter Debacle, Author, Snell & Wilmer Labor and Employment Law Blog (June 8, 2018)
•“Salary History Bans Could Reshape Pay Negotiations, ” Quoted, HR Magazine (February 28, 2018)
• Why Asking About Salary History Is Risky Anywhere, Co-Author, Law360 (November 29, 2017)
• Harassment claim surge could run into federal budget squeeze at EEOC, Quoted, USA Today (November 15, 2017)
• The EEOC's Assault on Employer's Parental Leave Policies Continues, Author, Snell & Wilmer Labor & Employment Law Blog (September 11, 2017)
• The 'Gig' Economy and Its Ripple Effect on Labor and Employment Law, Presenter, State Bar of Arizona CLE By the Sea Conference (July 11, 2017)
• Employment and Labor Law: Updates and Hot Topics in 2017, Co-Presenter, State Bar of Arizona Annual Convention (June 16, 2017)
• SHRM of Greater Tucson Annual Employment Law Update, Co-Presenter (April 18, 2017)
• NLRB Joint Employer Theory Faces Test, As D.C. Circuit Considers Legal Arguments, Quoted, Bloomberg BNA: Daily Labor Report (March 9, 2017)
• 4 Changes EEOC May Face Under Trump, Quoted, Law360 (January 6, 2017)
• Arizona Employers Must Post Minimum Wage Poster On or Before January 1, 2017, Co-Author, Snell & Wilmer Legal Alert (December 30, 2016)
• Proposition 206 and What It Means for Your Company, Presenter, Lovitt & Touche Academy (December 8, 2016)
• Snell & Wilmer 2016 Employment Law Update, Co-Presenter (June 15, 2016)
• Student-Athletes Aren't Employees: Seismic change in NCAA student-athlete experience avoided, Quoted, Society for Human Resource Management (SHRM), (March 11, 2016)
• Privacy Issues in the Modern Workplace, Co-Presenter, Catalina Rotary Club (February 19, 2016)
• As noncompete agreement use expands, backlash grows, Quoted, Computerworld (February 5, 2016)
• New Amendments to Federal Rules of Civil Procedure and Employment Discovery Protocols, Panelist, Federal Bar Association (November 13, 2015)
• Are You Keeping the Records Related to Your Company’s Selection Procedures? The EEOC is Watching..., Author, Snell & Wilmer Workplace Word Newsletter (August 7, 2015)
• 10 Questions in Employment Contract Disputes: Part 2, Co-Author, Law360 (July 22, 2015)
• 10 Questions In Employment Contract Disputes: Part 1, Co-Author, Law360 (July 21, 2015)
• PEDs in the Workplace: It’s a Mad, Mad BYOD World, Presenter, ACI Conference (April 22, 2015)
• The First 48 Hours: How the First Decisions You Make in a Non-Compete Dispute Determines the Final Outcome, Presenter, State Bar of Arizona Employment & Labor Law Section CLE Lunch Meeting (March 30, 2015)
• Employee drug testing in the medical marijuana age, Quoted, Inside Tucson Business (March 20, 2014)
• Employee Handbooks and the NLRA: A Legal Minefield for Unsuspecting Employers, Panelist, ALERA (November 5, 2013)
• Preventing, Combating and Defending Claims by Renegade Employees, Presenter (October 24, 2013)
• The Keys to a Healthy Corporate Wellness Program, Co-Author, American Bar Association, Labor & Employment Section of Litigation, Vol. 11 No. 2 (Spring 2013)
• The Worth and Worry of Workplace Wellness, Co-Presenter, Arizona State Bar Convention (June 21, 2013)
• Insights from the NLRB and EEOC General Counsel, Panel Moderator with Lafe Solomon and David Lopez, Arizona State Bar Convention (June 21, 2013)
• Employers Must Begin Using New Fair Credit Reporting Act Summary of Rights Form by January 1, 2013, Co-Author, Snell & Wilmer Legal Alert (September 20, 2012)
• The Legal Concerns Implicated By Corporate Wellness Programs, Author, Snell & Wilmer Workplace Word (June 2012); JD Supra online (June 27, 2012); cited by The Huffington Post (June 29, 2012)
• Social Media and the National Labor Relations Board, Presenter, State Bar of Arizona Employment and Labor Law Section, Tucson Lunch Educational Program (May 29, 2012)
• How to Take a Case Before the NLRB, Eighth Edition, Chapter Editor (2011)
• Arizona Employment Law Handbook: Independent Contractors, Co-Author (2009)

Professional Recognition and Awards

•The Best Lawyers in America, Employment Law - Management, Labor and Employment Litigation (2018-2019)
•Southwest Super Lawyers, Employment Litigation: Defense (2014-2016), Rising Stars Edition (2013)
•Snell & Wilmer Mentor Award (2018)
•Snell & Wilmer Community Involvement Award (2013)
•Up and Comer, Inside Tucson Business (2012)
•Pro Bono Award, Snell & Wilmer (2011)
•40 Under 40, Arizona Daily Star (2010)

Community Involvement

•Big Brothers Big Sisters of Tucson
•Board of Advisors (2013-present)
•Immediate Past Chair, Board of Directors (2013)
•Board Chair (2012)
•Board Member of the Year (2012)

Other Professional Experience

•American Business Consultants Corp., In-House Counsel/Director of Human Resources
•Fisher & Phillips LLP, Associate
•Sidley Austin LLP, Associate
•United States District Court (N.D.Ill.), Law Clerk for Hon. Suzanne Conlon

Related News & Events

Aug 15
139 Snell & Wilmer Lawyers Listed as Leaders in Their Fields by The Best Lawyers in America 2019 Eleven Snell & Wilmer attorneys recognized as a 2019 Lawyer of the Year

Aug 15
The Best Lawyers in America 2018 Lists 133 Snell & Wilmer Lawyers as Leaders in Their Field

Apr 11
Southwest Super Lawyers 2016 Recognizes 73 Snell & Wilmer Attorneys

Feb 11
Snell & Wilmer Attorneys Join The Fellows of the American Bar Foundation

Apr 10
Southwest Super Lawyers 2015 Recognizes 73 Snell & Wilmer Attorneys

Sep 10
Court Finds Weber Non-Compete Agreements Preventing Former Employees from Employment Worldwide are Overbroad and Unenforceable

Aug 12
Super Lawyers 2013 Recognizes 96 Snell & Wilmer Attorneys Also Names 45 Firm Attorneys to the 2013 Rising Stars List

Jun 01
The Keys to a Healthy Corporate Wellness Program ABA Section of Litigation, Employment & Labor Relations Law

Jan 02
Snell & Wilmer Names Four New Partners

Dec 17
Big Brothers Big Sisters of Tucson Recognizes Snell & Wilmer Attorney Joe Kroeger as the 2012 Board Member of the Year

Jun 18
Snell & Wilmer Attorney Joe Kroeger Outlines Legal Ramifications of Workplace Wellness Programs

Apr 13
Snell & Wilmer Attorney Joseph Kroeger Recognized As An Up & Comer By Inside Tucson Business

Jan 24
Snell & Wilmer Attorney Joe Kroeger Elected Chair to Big Brothers Big Sisters Board in Tucson

Oct 10
Two Snell & Wilmer Attorneys Named to Tucson's 40 Under 40 Joseph A Kroger and Ana Perez-Arrieta were selected from among 196 nominees

Jun 08
U.S. Citizen Goes Free After Lengthy Detention by INS

Related Publications

Feb 07
Fair Credit Reporting Act Update: Employers Within the Ninth Circuit Are Required to Provide a “Stand-alone” Background Check Disclosure Form - Yes, Literally

Sep 26
Employers Will Be Required to Utilize a New “A Summary of Your Rights Under the Fair Credit Reporting Act” Form

Dec 30
Legal Alert - Arizona Employers Must Post Minimum Wage Poster On or Before January 1, 2017

Aug 07
Workplace Word - Are You Keeping the Records Related to Your Company’s Selection Procedures? The EEOC is Watching...

Feb 12
Workplace Word - Since When Am I the Boss? Ever Expanding Attacks on Non-Traditional Employers

Jun 03
Workplace Word - Ninth Circuit Creates Wrinkle in the Way Employers Designate Family and Medical Leave

Mar 11
Workplace Word - Upcoming Affirmative Action Plan Requirements for Federal Contractors and Subcontractors (video)

Feb 14
Workplace Word - Employer To Do List for the New Year

Jan 30
Workplace Word - BYOD: Policy Considerations for Employers in the Age of Personal Devices

Nov 26
Workplace Word - Avoiding Holiday Liability

Areas of Practice (7)

  • Aviation and FAA Regulatory
  • Commercial Litigation
  • Cybersecurity, Data Protection, and Privacy
  • Emerging Business
  • Financial Services Litigation
  • Labor and Employment
  • Professional Licensure

Education & Credentials

Contact Information:
520.882.1254  Phone
University Attended:
University of Dayton, B.A., Political Science, summa cum laude, 1997
Law School Attended:
Stanford Law School, J.D., 2000; Lead Article Editor, Stanford Law & Policy Review; Recipient of full tuition Presidential Scholarship
Year of First Admission:
United States Court of Appeals, Ninth Circuit; United States District Court, Central District of California; United States District Court, District of Arizona; United States District Court, Northern District of Illinois; Illinois; California; Colorado; Arizona; Supreme Court of California; Supreme Court of Arizona; Supreme Court of Colorado; United States District Court, Southern District of California

Professional Memberships and Activities

•State Bar of Arizona, Labor & Employment Section
•Executive Counsel (2014-present)
•CLE Chair (2014-2015)
•CLE By the Sea Chair (2016-2018)
•Secretary (2018-present)
•State Bar Convention Co-Chair (2013, 2014)
•CLE Committee, Tucson Lunch CLEs Chair (2011-2012)
•American Bar Association
•Pima County Bar Association
•Federal Bar Association (2014-present)
•Board of Directors (2014-present)
•Membership Chair (2015-2016)
•Treasurer (2016-2017)
•Vice President (2017-2018)
•President (2018-present)
•American Bar Foundation, fellow (2016-present)
•Snell & Wilmer Managing Partner, Tucson Office (2019)
•Society for Human Resource Management
•Udall Inn of Court (2008-2013)

Birth Information:
Reported Cases:
Representative Litigation: Employment Litigation and Other Matters: Arbitrated labor grievance challenging termination of public transit employee; Served as lead national counsel in national Fair Credit Reporting Act class action against financial company filed in the Northern District of Georgia; Represented mortgage company in defending against anti-raiding lawsuit in Oregon state court; Served as lead national counsel in Fair Credit Reporting Act class action against trucking company filed in the Northern District of Indiana; Represented computer technology company in assertion of confidential information, non-competition and non-solicitation claims in Texas state court; Represented national transportation company in national company-wide Department of Labor audit of hundreds of exempt classified positions and negotiated settlement agreement addressing same; Represented 28 service industry franchisees in hybrid wage-and-hour collective and class action; Represented national financial institution in obtaining injunctive relief in a FINRA arbitration against a former employee; Represented national oil company in defending restrictive covenant and trade secret litigation; Represented national mortgage company in defending against request for injunctive relief as to former group of employees, as well as eleven other claims; Represented international aerospace company in federal court in noncompetition/nonsolicitation/confidential information litigation; Represented financial institution in state court jury trial arising out of enforcement of loan guarantee; Represented a national transportation company in a national class action alleging Fair Credit Reporting Act violations; Represented national education institution in defending against a California class action alleging violations of state and federal wage-and-hour laws; Represented a national distribution company in defending against disability discrimination and retaliation claims; Represented a national aerospace company in a non-competition/trade secrets dispute against a former employee and his new employer; Represented entrepreneurs in a non-competition dispute with their former employer prior to the employer filing litigation, allowing clients to form own business (and flourish) in same industry; Represented principals of company in non-compete and government contract dispute with former employer; Defended national aerospace company in multiple phases of a non-competition lawsuit lodged by a competitor in multiple judicial forums; Assisted large national employer in compelling arbitration of employee's claims in a novel and procedurally complex case; Represented large employer in defending claims of race and gender discrimination and retaliation in federal court; Represented national broadcasting company in defending against whistleblowing claims brought by a former employee; Represented emergency services company in defending against whistleblowing and qui tam allegations lodged by former employee; Represented national insurance company in administrative and civil proceedings related to insured improperly classifying its workforce to avoid premium payments; Represented employers in over one hundred EEOC/ACRD charge of discrimination proceedings; Pro Bono Litigation: Represented civil rights prisoner in federal jury trial alleging deprivation of constitutional rights; Represented client before the Ninth Circuit and overturned Board of Immigration Appeals and trial court determination that individual was not a United States citizen; Represented client before the Arizona Court of Appeals in upholding trial court's grant of summary judgment in favor of our client finding that director's transfer of primary asset of homeowner's association was invalid and void

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Tucson, Arizona

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