Career
Daniel Aquino is Co-Chair of McDonald Carano’s Employment & Labor Law Practice and is a member of the Commercial & Complex Litigation Practice.
Mr. Aquino handles a wide variety of litigated employment law matters, including wage and hour disputes, employment discrimination, wrongful termination, and breach of contract claims proceeding in state and federal courts. He also routinely represents employers in proceedings before local, state, and federal administrative agencies and boards. Mr. Aquino handles cases through all phases of litigation, and has first-chaired bench and administrative trials, as well as private arbitrations.
Mr. Aquino provides preventive advice and daily operations-focused guidance to employers on a variety of topics, including personnel actions, non-compete agreements, compliance with wage and hour law, and employment contracts. He has worked extensively with employers of all sizes in a wide range of sectors, including hospitality, entertainment, higher education, healthcare, financial services, retail, gaming, construction, and manufacturing.
Mr. Aquino’s litigation experience includes business contract disputes, negligence, premises liability, and professional liability matters. He has successfully represented clients in appeals before the Nevada Supreme Court and Ninth Circuit Court of Appeals. Mr. Aquino’s Nevada Supreme Court experience includes a published opinion in McClendon v. Collins, 132 Nev. Adv. Op. 28 (2016).
Prior to joining McDonald Carano, Mr. Aquino was a partner at a regional general litigation law firm and a senior associate at an Am Law 100 employment and labor law firm.
Publications
I. Publications
Quoted, “Practice Area Snapshot: Convergence of COVID Fallout and Other Factors Fuel Labor & Employment Law,” Of Counsel: The Legal Practice and Management Report, July 2023
Author, “Nevada Court Rules Employees Turning Computers On and Off is De Minimis and Not Compensable,” McDonald Carano Legal Update, June 12, 2023
Author, “Nevada Supreme Court Rules Employees May Sue Employers for Failure to Accommodate Medical Marijuana Use,” McDonald Carano Legal Update, January 25, 2023
Quoted, “When is an Immediate Firing Justified?” SHRM.org, October 27, 2022
Author, “Employee Misconduct, Poor Performance, Discipline, and Termination in the Workplace,” Las Vegas Sun, September 12, 2022
Author, “Nevada Supreme Court Rules Employee’s Off-Duty Recreational Marijuana Use Not Protected Under “Lawful Use” Law,” McDonald Carano Legal Update, August 24, 2022
Author, “Employee Misconduct, Discipline, and Termination: Five FAQs for Employers,” McDonald Carano Legal Update, August 1, 2022
Author, “Nevada’s New Employment Laws: New Do’s and Don’ts for Retail Employers,” Nevada News published by the Retail Association of Nevada, July 2021.
II. Speaking Engagements
“Practical Considerations for In-House Counsel: Conflicts of Interest and Dual Roles,” Nevada System of Higher Education, April 2, 2024
“Employment Law Priorities for In-House Counsel,” Association of Corporate Counsel, Nevada Chapter, February 15, 2024
“Best Practices for the Higher Education Workplace,” College of Southern Nevada, Las Vegas, NV, August 2022
“Wage and Hour Issues,” National Business Institute, Las Vegas, NV, September 2019
“Nevada Employment Law,” National Business Institute, Las Vegas, NV, September 2019
“Unconscious Bias in the Workplace,” Nevada Labor & Employment Law Symposium, Las Vegas, NV, February 2019
“Navigating the Modern ‘Gig Economy’: Worker Classification Challenges in a Changing Landscape,” Association of Corporate Counsel, Nevada Chapter, Las Vegas, NV, January 2019