Daniel Aquino

Practice Areas

Employment & Labor Law

Commercial & Complex Litigation

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 is the Nevada member of the Wage and Hour Defense Institute, an invitation-only network of experienced employer-side wage and hour defense practitioners across the U.S. and Canada. WHDI is a prominent resource on state and federal wage and hour law, including class and collective actions, for employers of all sizes and industries.

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.

Professional Memberships

Member, Society for Human Resource Management

Member, Wage & Hour Defense Institute

Member, Advisory Board, Filipino American Lawyers Association of Nevada

Member, Asian Bar Association of Nevada

Member, Clark County Bar Association

Publications

Author, “Status of DOL overtime rule,” McDonald Carano Legal Alert, November 18, 2024

Author, “Costs are Key: Religious Accommodations in the Workplace after Groff v. DeJoy,” Communiqué magazine, Clark County Bar Association, November 2024

Author, “Status of FTC Ban on Noncompetition Agreements,” McDonald Carano Legal Alert, October 17, 2024

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.

Work Highlights

First-chaired bench trial in breach of contract action involving wrongful apportionment of liquidated damages to subcontractor client on eight-figure public works construction project; obtained Court’s rejection of general contractor’s assessment of liquidated damages, resulting in award of client’s full requested damages, plus substantial prejudgment interest, attorney’s fees, and costs

Represented Fortune 10 company in defense of employee whistleblower retaliation claim, first-chairing two-day arbitration hearing resulting in defense award

First-chaired bench trial on behalf of higher education institution seeking injunctive relief against former employee, resulting in issuance of protective order against former employee for maximum period allowed under Nevada law

Retained by international energy company to coordinate and conduct large-scale confidential internal investigation responding to claims of misconduct by management

Performed confidential investigation for public entity regarding executive official’s claims of discrimination, harassment, and retaliation

Defended international construction company in hybrid Rule 23 and FLSA collective action involving alleged employee misclassification; managed internal investigation, opposed conditional certification (resulting in plaintiffs voluntarily narrowing a large subset of class), coordinated class discovery production, and obtained plaintiffs’ agreement to mediate individual claims

Obtained dismissal of class claims filed against nationally-operating airport services provider in a Rule 23 wage and hour class action

Represented hotel and casino client in FLSA collective action for alleged violation of federal tip pooling law, successfully negotiating settlement at mediation

Represented Nevada operations of global restaurant group in Rule 23 class action for alleged failure to comply with Nevada’s daily overtime requirements, successfully negotiating class settlement at mediation

Litigated action involving gender discrimination, Equal Pay Act, and breach of contract claims brought by former financial executive of multi-national manufacturing company; negotiated settlement for fraction of multi-million dollar demand

Obtained dismissal of complaint for trademark infringement and cybersquatting claims against California business client based on lack of personal jurisdiction in Nevada federal court

Successfully briefed Nevada Supreme Court in appeal involving work product confidentiality where expert was de-designated, resulting in published Nevada Supreme Court opinion (McClendon v. Collins, 132 Nev. Adv. Op. 28 (2016))

Successfully briefed U.S. Court of Appeals for the D.C. Circuit in appeal involving termination of engineer for refusing to comply with procedure for mandatory respirator fitting; obtained reversal of the NLRB’s decision that hotel and casino client’s personnel actions violated the NLRA

Expert in these Jurisdictions

Nevada

California

Education

Awards