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  Labor & Employment
  Litigation & Dispute Resolution
  ERISA Litigation
  Class Action Defense



Benjamin J. Naylor / Associate
Professional Experience
Ben Naylor practices in the areas of labor and employment law and general litigation. His recent experience includes:
  • 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 co-defense of worldwide funeral and cemetery company in multiple state-law class actions at District Court and Seventh Circuit levels.

  • 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. 

  • Defending class action claims under FLSA and ERISA relating to payment of wages and benefits.

  • Representing clients in the media sales and direct response marketing industries in contract and tort litigation across multiple states.

  • 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.
Education and Honors
  • University of Iowa College of Law (J.D., with distinction, 2005)
    Journal of Corporation Law (2003-2004).
  • University of Iowa (B.A., with distinction, 2002)
    Phi Beta Kappa.
Bar Admissions
Arizona, 2005
Illinois, 2010

Court Admissions
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
U.S. District Court, Central District of Illinois

Professional Recognition
Selected for inclusion in Illinois Super Lawyers®–Rising Stars Edition 2012 (Employment & Labor).

Professional and Civic Activities
  • State Bar of Arizona (Member).

  • Illinois State Bar Association (Member).

  • American Bar Association (Member).

  • Chicago Bar Association, YLS Labor & Employment Law Committee.

  • Society of Human Resource Professionals (SHRP).

  • American Lung Association, Phoenix Area (Board Member, Board of Directors, 2006-2008).

  • Evans Churchill Association (Vice President, 2009-2010).

  • Volunteer Lawyers Program (Volunteer).

  • Capitol School (Volunteer, 2005-2010).
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.