Joseph A. Kroeger

Joe Kroeger is a go-to labor and employment counselor and litigator with a national practice. Ranked as a 2020 Best Lawyer in America in the areas of Employment Law-Management, Labor Law-Management, and Litigation-Labor and Employment, Joe has a reputation as a problem-solver for a wide variety of matters, both big and small. 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

• Employees' Refusal to Work Over Coronavirus Concerns, Co-Author, Snell & Wilmer Legal Alert (May 14, 2020)
• Navigating Compliance in Today's Hiring Environment, Co-Presenter, Risk Assessment Group Webinar (April 27, 2020)
• Updated EEOC Guidance for Employers Permits Testing for COVID-19, Co-Author, Snell & Wilmer Legal Alert (April 30, 2020)
• Ninth Circuit Confirms That FCRA Disclosure May Be Included as Part of Employment Packet, Co-Author, Snell & Wilmer Legal Alert (April 28, 2020)
• A Roadmap to Reopening or Resuming Business in the Midst of a Pandemic, Co-Author, Snell & Wilmer Legal Alert (April 22, 2020)
•40 Under 40 Awards, Keynote Speaker, Tucson Hispanic Chamber of Commerce (December 2, 2019)
• Protecting Against Employee Fraud, Co-Presenter, Southern Arizona Home Builders Association (November 21, 2019)
• Employment Issues and Changes in Employment Law, Co-Presenter, Arizona Technology Council (November 14, 2019)
• Business Ethics Leadership Symposium, Panelist, Public Relations Society of America - Tucson Chapter (2019)
• 5 Steps to Protect IP Against Employee Theft, Co-Presenter, Arizona Technology Council (July 11, 2019)
• UPDATE: Court Confirms that Employers are to Provide Pay Data to EEOC by Sep. 30, Author, Snell & Wilmer Labor and Employment Blog (April 26, 2019)
• EEOC Sets Up Deadline of Sep. 30 for Employers to Submit Pay Data, Author, Snell & Wilmer Labor and Employment Law Blog (April 4, 2019)
• 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 (2018-2020), Labor Law - Management (2020)
•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)
•Snell & Wilmer Pro Bono Award (2011)
•40 Under 40, Arizona Daily Star (2010)

Community Involvement

•Big Brothers Big Sisters of Southern Arizona
•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

• May 14
Employees' Refusal to Work Over Coronavirus Concerns

• Apr 30
Updated EEOC Guidance for Employers Permits Testing for COVID-19

• Apr 28
Ninth Circuit Confirms That FCRA Disclosure May Be Included as Part of Employment Packet

• Apr 22
A Roadmap to Reopening or Resuming Business in the Midst of a Pandemic

• 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