Aiken Schenk is a Best Law Firms®
Metropolitan Tier 1 (Phoenix) Honoree for Employment Law (Individuals) and Labor
& Employment Litigation
Michael J. Petitti
The Best Lawyers in America®: “Lawyer of the Year,”
Employment Law - Individuals (Phoenix), 2017
The Best Lawyers in America: 2005-2017
Super Lawyers: 2007-2017
AV Preeminent® Peer Rating, Martindale-Hubbell®
Employment and Labor Law Section,
State Bar of Arizona: Past Chair
"Arizona Employment Law Handbook" (Chapter Editor), 2015
Edition, State Bar of Arizona
Who's Who in American Law: 2001-2017
National Employment Lawyers Association
Arizona Employment Lawyers Association
J. Burr Shields II
The Best Lawyers in America: “Lawyer of the Year,”
Employment Litigation (Phoenix), 2016
The Best Lawyers in America: 2009-2017
Chambers and Partners, 2015-present
AV Preeminent Peer Rating, Martindale-Hubbell®
Employment Law Articles
Arizona Law Brings Clarity to the Use of Independent Contractors," September
Brady, the NFL, and a Primer in Labor Law," August 2015
Employment Claims: Frequent Issues" (presentation outline), 2013, 2014
Alcohol Testing in Arizona: The Plaintiff’s Perspective," Arizona
Attorney, State Bar of Arizona, December 1994
Phoenix Employment Lawyers - for Employees
Employment law attorneys and employee rights advocates Michael Petitti, Burr Shields, Erin Hertzog and
Natalie Virden advise and represent employees in
virtually all aspects of labor and employment law, employer disputes, administrative proceedings and employment litigation.
Employee Counseling and Representation
Our services to public- and private-sector employees and members of labor
associations emphasize counseling them on their rights and responsibilities in
disputes against current or former employers.
For workers whose claims may lead
to EEOC and other administrative investigations and proceedings, our attorneys
represent individuals and groups of employees in matters and class actions involving private and public employers,
including the federal government and state, county and municipal employers.
addition, we frequently assist individuals in negotiating and litigating
employment contracts and restrictive covenants.
We have also successfully represented several employees in
unemployment insurance hearings to secure their right to unemployment benefits
and, in some cases, avoid repayment of benefits.
Areas of Experience
Discrimination claims: age, gender, race, disability and
other protected categories
Employment contracts, non-compete clauses and other
Wage disputes, including wage-and-hour and overtime
requirements governed by the Fair Labor Standards Act (FLSA)
Sexual harassment and hostile work environment
Civil Rights Act violations
Employee benefits, including health and disability
Family Medical Leave Act (FMLA) violations
Layoffs and reductions in force (RIFs)
Misclassification of employees as independent contractors
Defamation (libel and slander) and invasion of privacy
Representation before the EEOC and other federal and state
Unemployment insurance claims
Federal and State Government Resources
The mission of the
of Labor is to foster, promote, and develop the welfare of the wage
earners, job seekers, and retirees of the United States; improve working
conditions; advance opportunities for profitable employment; and ensure
work-related benefits and rights. Its Employment Law Guide provides
information on minimum wage and overtime pay, including overtime exemptions
and other important features of the Fair Labor Standards Act (FLSA).
U.S. Equal Employment Opportunity Commission (EEOC)
enforces federal antidiscrimination laws covering employment discrimination
on the basis of race, color, religion, sex, national origin, age,
disability, or genetic information, or on the basis of a complaint or charge
filed alleging discrimination.
The mission of the Civil Rights Division of the
Arizona Attorney General's Office is to enforce civil rights laws, increase public
awareness of civil rights, provide dispute resolution services, and offer
community services throughout the State.
The Occupational Safety & Health Administration (OSHA) is
dedicated to ensuring safe and healthful working conditions by setting and
enforcing standards and providing training, outreach, education and
The Arizona Division of Occupational Safety and Health (ADOSH)
is also responsible for safety and health issues in over 130,000 public and
private establishments and provides consultation and training as well as
inspection and compliance programs.
The Arizona Department of Economic Security (DES) manages
programs for unemployment, disability rehabilitation, job search and other
employment resources and services.
The Merit Systems Protection Board is an independent,
quasi-judicial agency in the federal government's executive branch that
serves as the guardian of federal merit systems. The Board adjudicates
individual employee appeals in Civil Service.
Employers and employees alike may be interested in this
State Bar of Arizona resource, Your Rights as an Employee, which covers
issues from at-will employment and employment contracts to wages and hours,
overtime, discrimination, and other popular employment issues.