Jodi adeptly counsels clients on a wide array of state and federal employment laws, conducts workplace investigations, assists with performance management issues, and handles other human resource matters on behalf of clients. She advocates for her clients in federal and state courts as well as before administrative agencies, including the Department of Labor, Equal Employment Opportunity Commission, Arizona Civil Rights Division, Industrial Commission of Arizona, Office of Special Counsel, and the Occupational Health & Safety Administration. Her experience both in and out of the courtroom has provided her with unique insights into case strategy, and her practice has made her deftly versed in procedural processes and rules, as well as employment laws and regulations. Jodi’s determination and responsive style consistently earns client trust and confidence as well as successful results.
Experience
Jodi has successfully defended employers against allegations of wrongful discharge, wage and hour violations (class and collective actions), false claims act, discrimination (e.g., ADA, Title VII, and ADEA), harassment, and retaliation. She also has handled claims for paid sick leave violations, wage complaints, and safety violations filed with the Industrial Commission of Arizona.
Jodi advises clients on all matters relating to employment and labor law, including, ADA, Title VII, FLSA, FMLA, ADEA, and GINA, wrongful discharge and unemployment matters, trade secret, and I-9 immigration compliance strategies. One concentration within Jodi’s practice has been drafting and reviewing employment-related agreements and employment policies, and with analyzing and litigating non-compete, non-solicitation, and confidentiality issues. Another significant portion of Jodi’s practice encompasses conducting workplace investigations to assist clients in preventing potential claims for harassment or discrimination. Jodi regularly advises employers in their day-to-day employment decisions, including leaves of absence and terminations, wage and hour laws, and investigations into employee conduct and complaints regarding discrimination and/or harassment.
Professional Leadership
- State Bar of Arizona, Member, 2004–Present
- Civil Jury Instructions Committee, Member, 2012–2018; Vice Chair, 2014–2016; Chair, 2016–2018
- American Liver Foundation – Desert Southwest, 2014–2022, and National Division, 2015–2018, Board Member and Chair
- Employer’s Counsel Network-Editor and Contributing Author to Employment Law Letter, 2013–Present
- Lawyers Associated Worldwide, Member, 2018–2020
- Maricopa County Bar Association, Young Lawyers Division Member, 2011–2018
- Arizona Business Leadership Association, Member, 2016–Present; Board Member, 2016–2025; VP of Programs, 2021–2022; VP of Communications, 2022–Present
- Valley of the Sun United Way, Women’s Leadership, Council Member, 2012–2015
Professional Recognition
- Best Lawyers in America for Litigation-Labor and Employment, since 2021
- Arizona Business Magazine, Top 100 Lawyers in Arizona, 2021
- Arizona Business Magazine, Arizona Business Leader 2022-2024, 2026
- Top Lawyer in PHOENIX Magazine, 2022-2025
- Arizona’s Most Influential Women in Business, 2019
- Southwest Super Lawyers-Rising Stars Edition, Employment Litigation: Defense, 2012-2014
Credentials
Education
University of Pacific, McGeorge School of Law – J.D., 2004
Arizona State University – B.A., Psychology, 2000
Arizona State University – B.S., Administration of Justice, 2000
Bar and Court Admissions
State of Arizona, 2004
Maricopa County Bar Association – Member, 2022-present; Board Member, 2022-2024
U.S. Federal District Court, District of Arizona
Arizona Supreme Court
Ninth Circuit Court of Appeals
As editor of the Arizona Employment Law Letter, Jodi keeps employers abreast of employment law developments and offers employers insight to human resources issues that frequently cross her desk. She was recognized by the publisher for General Excellence (2014, 2018, 2024) and Best Personal Column (2017, 2019). Links to most of her articles can be found below.
FTC Votes to Approve Ban on Non-Compete Agreements. Why now?
Court Ruling May Necessitate Overhaul of Paid Sick Time Policies and Practices
NLRB reverses course to establish new restrictions on severance agreements
Children under 16…
Jodi Bohr explains the most recent Industrial Commission of Arizona ruling regarding workers under 16 entering a restaurant’s kitchen
Interactive process
Jodi Bohr reviews the triggering event for “reasonable accommodation”
Employers can’t mandate arbitration
Jodi Bohr explains the Ending Forced Arbitration on Sexual Assault and Sexual Harassment Act of 2021.
Arizona and Flagstaff minimum wage
Jodi Bohr updates readers on the new minimum wage for Arizona and Flagstaff
Arizona votes pass Predatory Debt Collection Protection Act
Jodi Bohr outlines the new Predatory Debt Collection Protection Act
Postal worker’s retaliation
Jodi Bohr reviews the threshold for retaliation claims
EEOC has released a “Know Your Rights” poster to replace the previous “EEO is the Law” poster
Bohr explains the updates in the new poster and directs employers to other resources to become compliant with employment law posting requirements.
No Favorable Treatment of ‘Similarly Situated’ individuals Dooms Gender Discrimination Claim
Jodi Bohr discusses disparate treatment in the case of Tavares v. Asarco, LLC.
Red Flag Flying: Tips for Detecting Employee Embezzlement
Jodi Bohr outlines what to watch for when identifying employee theft.
Failure to Accommodate Autistic Worker Ends with Settlement of EEOC Disability Lawsuit
Jodi Bohr breaks down the case of an autistic worker’s request for reasonable accommodations, and the employer’s obligations to meet those accommodations once the company hired the employee.
OSHA Releases Vaccination or Testing Requirements for Large, Private Employers
U.S. Supreme Court Holds Title VII Protects LGBTQ Employees
Don’t Overlook Restrictive Covenants During Covid-19
Update: Families First Coronavirus Response Act of 2020
Families First Coronavirus Response Act of 2020
Expired Form I-9 Finally Replaced – February 2020
Taking adverse employment actions based on background checks – May 2024
Court ruling may necessitate overhaul of paid sick time policies and practices – April 2024
Deviation from policy on Arizona paid sick time revives retaliation claim – March 2024
Cracking the code: Adding bonuses to FLSA overtime calculations – February 2024
Pilot’s attempt to avoid liability for training expenses was grounded – January 2024
Marijuana cardholder fired after positive drug test loses wrongful termination claim – December 2023
Employers: Take care when recovering overpayments, debt from employees – November 2023
Managing the challenges of intermittent FMLA – October 2023
Employee terminated for violating conflict of interest policy advances FMLA interference claim – September 2023
Failure to disclose disability dooms employee’s accommodation request – July 2023
Q&A: Handling breaks for employees who don’t have access to a time clock during the day – June 2023
Take care to preserve contractual rights to arbitrating employment disputes – May 2023
NLRB reverses course to establish new restrictions on severance agreements – April 2023
Monitoring employee social media – May 22, 2022
Employee fired for excessive absences after making need for FMLA leave known – April 22, 2022
Ever-changing quarantine and isolation guidelines cause confusion for employers – March 22, 2022
Strong evidence needed to prove race bias when same person hired, fired worker – February 22, 2022
Arizona, Flagstaff, Tucson minimum wage rates rise January 1 – December 21, 2021
Warning: Violence is third-leading cause of fatal occupational injures – November 21, 2021
Tips on making reasonable accommodations for employee vaccine mandates – October 21, 2021
Employers Need to be Ready for New Heat Measures From OSHA, by Tammy Binford – September 28, 2021
Carefully handling adverse action thwarts AZ employee’s retaliation claim – August 21, 2021
Anticipating attendance issues, company preemptively fires pregnant employee – July 21, 2021
Employee ‘unaware’ of signed arbitration agreement compelled to arbitrate – June 21, 2021
DOL lawsuit against Arizona contractor alleges ‘long-running violations’ – May 21, 2021
Employer’s ‘speak English’ rule potentially perilous – April 21, 2021
Workers’ comp exclusive remedy for AZ-based claims absent intent to inflict injury – March 21, 2021
What Arizona employers need to know about recreational marijuana law – February 21, 2021
2020’s omnipresent DOL investigations likely spilling into new year – January 21, 2021
Arizona sees moderate minimum wage increase while Flagstaff’s rate leaps $2 higher, December 2020
Failure to follow constructive discharge preconditions dooms claims, November 2020
Posttermination promises to pay wage can extend limitations period for wage claims, November 2020
Effective restrictive covenants are harder than ever to draft, October 2020
Arizona employers urged to help with unemployment fraud detection, September 2020
Next steps for employers after U.S. Supreme Court’s LGBTQ ruling, August 2020
Dan Majerle seeks severance, sues GCU for breach of contract, July 2020
FFCRA: DOL nonenforcement period doesn’t mean you need not comply, June 2020
Overtime violations assessed against employer that pays piece rate, May 2020
Overtime required when employee holding two jobs works more than 40 hours, April 2020
Tips for retention, recruiting in hot job market, March 2020
Preemplyment records must be maintained even when candidates are not hired, February 2020
Employee arrested: Now what?, January 2020
Context Matters When Firing for Insubordination, October 1, 2019
Questionable Reaction to Expressing Breast Milk Can’t Pump up Claim, September 1, 2019
Ensuring Proper Handling of Wage Garnishments, August 1, 2019
Court Drops Bombshell: FFD Exam is OK for Hazardous Devices Tech, July 1, 2019
You’ve Been Served With a Writ of Garnishment- What Now?, June 27, 2019
Postshift Security Screenings Compensable Under Arizona Law, But Not Federal Law, May 1, 2019
Creating a Bereavement Leave Policy for Your Company, April 1, 2019
Employer Liable for Firing Cardholder Over Positive Drug Test, March 1, 2019
Why You Should Establish a Bereavement Leave Policy, February 1, 2019
Owners, Managers Face Personal Risk on FLSA Claims, January 1, 2019
Performance Evaluations: Critical Tool or Potential Liability?, December 1, 2018
Large Volume of Payroll Transactions no Excuse for Overtime Violation, November 1, 2018
Does Asking About Prior Salary Create Potential Liability?, October 1, 2018
Questionable Accommodations Allow Nursing Mothers Claim to Advance, September 1, 2018
Misrepresenting Pet as Service Animal Now Illegal in Arizona, August 1, 2018
Offhand Ageist Comments can Negate Evidence of Legitimate Policy Violation, July 1, 2018
Employer Probably Should Care About Employee’s Religion, June 1, 2018
Preparing to Avoid Employment Agreement Blunders, Part 2, May 1, 2018
Preparing to Avoid Employment Agreement Blunders, Part 1, April 1, 2018
Clash Over Exempt Status Advances Warehouse Manager’s Overtime Claim, March 1, 2018
Not all mandatory employee arbitration clauses benefit employers, February 13,2018
Are You Prepared to Avoid Netflix-like Corporate Social Media Snafus?, February 1, 2018
Jury Must Decide Arizona Worker’s Misclassification Claim, January 1, 2018
Septuagenarian’s Claim Dismissed: Discharge Was For Inadequate Work Performance, December 1, 2017
How to avoid a holiday party fiasco, November 2017
Job Descriptions: Worth Doing or a Tedious Waste of Time?, October 1, 2017
Gender-based Claims Advance After Employer Offers ‘No Apologies’, September 1, 2017
Minimum Wage Touched by Tip Pooling, August 1, 2017
Does a Brief, Temporary Condition Constitute a Disability?, August 1, 2017
Do You Comply With Youth Employment Laws?, July 1, 2017
Arizona heat wave could be hazardous to employees’ health, June 29, 2017
When and How Long can Minors Work?, June 1, 2017
Unwarranted leaps of logic save investigation confidentiality policy, May 2017
Has Your Tip Pool Encountered Cross Contamination?, April 14, 2017
Could tip pooling put local restaurants out of business?, April 2017
Supervisor Comment, Close Timing Keep Claim Alive, April 1, 2017
Homeless clinic supervisor can’t prove leave factored into demotion, March 2017
Are You Making Improper Deductions From Employees’ Paychecks?, February 1, 2017
Claims Go Up in Smoke Because of Positive Drug Test, January 1, 2017
Resolve to Make 2017 Better Than Years Past, December 1, 2016
Scrooge here, on how to avoid the holiday party hangover, December 2016
How to Avoid a Holiday Party Fiasco, November 21, 2016
Arizona Parking Lot Cases: Legal Shakedown or Legitimate Advocacy, October 1, 2016
Tucson Paving Company Violated NLRA by Firing and Immediately Rehiring Employee, September 1, 2016
When Should you Seek an Injunction Against Workplace Harassment?, August 1, 2016
Managers’ Comments About Judaism not Enough to Create Hostile Work Environment, July 1, 2016
Confronting Substance Abuse in the Workplace, June 1, 2016
After Having Twins, Employee Sees Double Recovery From Employer, May 1, 2016
How Will You Answer if the DOL Comes Knocking?, April 1, 2016
After Having her Phil, Ex-Worker Sues for False Imprisonment, Constructive Discharge, March 1, 2016
Current 1-9 Form Set to Expire March 31, February 1, 2016
Misclassifying Employees as Independent Contractors Could Prove Costly for City, January 1, 2016
Navigating Unemployment Appeals, December 1, 2015
Workers who Don’t Customarily Receive Tips Can’t Swim in the Pool with Tipped Employees, November 1, 2015
Responding to Unemployment Claims, October 1, 2015
Surge in Midday Work Errands Expected After Employee Denied Coverage, September 1, 2015
Worker Classification Proves Difficult, Potentially Costly, August 1, 2015
Firefighters Were Employees, not Volunteers, July 1, 2015
Wage War Fought by Tipped Employee with Extraneous Job Duties, June 1, 2015
9th Circuit Reinstates full Punitive Damages Award Against Arizona Employer, May 1, 2015
Arizona Employee’s Claims for Alleged Religious Hostility Advance, April 1, 2015
Part 2: Break Time for Nursing Mothers: Private Spaces and Lactation Policies, March 1, 2015
Arizona Employer may Bring Theft of Confidential Information Claims, February 18, 2015
Part 1: Break Time for Nursing Mothers: What does the law Require?, February 1, 2015
AZ Supreme Court: Employer May Bring Some Claims for Theft of Confidential Information, January 1, 2015
Accommodating Service Animals in the Workplace, December 3, 2014
Alleged Comment Begs Question: Good Faith Interactive Process?, December 1, 2014
ADA, GINA Claims Advance Based on Temporal Proximity, Inconsistency, November 1, 2014
NLRB: Employer Owes Tax Consequences of Back Pay, October 1, 2014
Accommodating Service Animals in the Workplace, October 1, 2014
Service Animals: Public Accommodation and Proper Treatment, Part 2, September 1, 2014
Service Animals: Accommodating Service Animals in the Workplace, Part 1, August 1, 2014
Arizona Statutes Grant Employees Victim Leave Rights, July 1, 2014
Overtime Class Action Against AutoZone Resurrected, June 1, 2014
Employee can Decline Leave Even if Reason for Leave is Protected, May 1, 2014
Would Your Severance Agreement Withstand EEOC Scrutiny?, April 1, 2014
Costco’s Deduction From Final Paychecks Narrowly Escapes FLSA Requirements, March 1, 2014
Don’t Let Unclaimed Assets Cost Your Company, February 1, 2014
Retaliation, Not Severe Morning Sickness, Gives Worker Claim, January 1, 2014
Court of Appeals Curtails Ability to Protect Confidential Info, December 1, 2013
The EEOC Does Not Discriminate (or so it Says), November 1, 2013
Octopus Car Wash Breaking (Wage and Hour Laws) Bad, October 1, 2013
NLRB Chastised for ‘Interpretive Leap’, September 1, 2013
Tips Belong to Employees, July 1, 2013
Court’s Decision May Render Trade Secret Protection Elusive, June 1, 2013
Arizona Employment Law Letter, How to Avoid the Holiday Party Hangover, December 2014
Oops, She said too Much: Ageist Comments Prolong Lawsuit, September 1, 2014
Contributing Author, Employment Law Letter: 2013-Present
Arizona Attorney, Unclaimed-Property Reporting Vital : Ignoring Obligations Means Increased Penalties, January 2013
Guest Columnist: “Ask the Expert” column, Arizona Republic, Careerbuilder Section (2009 – 2011)
Contributing Author, Arizona Chamber of Commerce: 2011 Arizona Human Resources Manual (also 2008 -2010)
Contributing Author, American Chamber of Commerce: 2011 Employment Verification: An Employer’s Guide to Immigration, Form 1-9 and E-Verify (also 2010)
Contributing Author, Arizona Chamber of Commerce: 2011 Arizona Employment Forms and Policies Manual (also 2009 – 2010)
Featured Articles
Does your healthcare practice use employment agreements with non-compete provisions? If so, your practice may be a target of the FTC.
By: Desalina A. Williams and Jodi R. Bohr In 2024, the Federal Trade Commission (the “FTC” or “Commission”) finalized a rule that prohibited noncompete clauses in employment agreements.[1] This rule sparked significant discourse across various industries. However, the rule was never enforced because a Texas federal court issued a nationwide injunction blocking the FTC’s rule…
Welcome Jodi Bohr!
Milligan Lawless is very pleased to announce that Jodi Bohr has joined the firm as a Shareholder. With over 20 years of experience, Jodi provides counsel to clients on a broad range of employment matters, including: compliance with state and federal employment laws; conducting workplace investigations; and performance management and HR best practices. Jodi counsels…