Barbara D'Aquila

Photo of Barbara D'Aquila Barbara Jean D'Aquila is a employment lawyer, managing the Minneapolis litigation department. She handles significant business matters, including commercial litigation, government investigations, and labor and employment matters. In 2012, Barbara was recognized by Benchmark Litigation in its Inaugural Edition of the Top 250 Women in Litigation in the country. In 2011, in an order involving anti-trust class action claims, a well-respected federal judge specifically named Barbara, along with other defense counsel, as a "highly experienced, skilled, and extraordinarily professional defense counsel," noting the "professionalism, candor, and zealous and knowledgeable advocacy."

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US: Return to work in an office environment: Employer considerations and best practices

Many businesses quickly shifted to remote work, where possible, and abandoned operations in an office setting when COVID-19 became a pandemic or when jurisdictions required or encouraged people to stay at home. Now, as these businesses contemplate resuming operations in the general office setting, they are grappling with a myriad of issues and concerns.  See … Continue reading

US: New key COVID-19 employment and labor issues

COVID-19, the 2019 novel coronavirus (“COVID-19” or the “coronavirus”) continues to stress US employers attempting to prevent the disease from spreading in their workplaces while continuing to operate effectively. With each passing day, health authorities provide more information about the spread of the disease and federal, state and local governments impose additional restrictions that impact … Continue reading

How are pregnant employees in California protected in the event of a redundancy?

Both federal and California laws provide numerous safeguards to protect pregnant employees before, during, and after childbirth. Protections include prohibitions against discrimination during hiring and employment, and against termination based on pregnancy or pregnancy-related conditions, even if legitimate bases also exist for the employer’s conduct. When federal and California laws differ, the employer must provide … Continue reading

Minnesota addresses architectural barriers to public places: 2016 amendments to its Human Rights Act

Introduction Minnesota businesses may soon see differences in disability access claims. On May 22, 2016, Minnesota’s Governor Mark Dayton signed into law a new amendment to the Minnesota Human Rights Act (“MHRA”). The amendment governs what must occur before attorneys can bring suit under the MHRA challenging architectural barriers that limit accessibility to public spaces. … Continue reading

Launch of the new Global Workplace Report

The Global Workplace Report is a monthly summary of our most popular blog articles from our Global Workplace Insider blog. This report provides concise commentary and insight essential for employers that want to stay current on the legal and business developments and trends impacting employment and labor matters globally. Global employment and labor trends United … Continue reading

NLRB passes on football players’ employee status

On August 17, 2015, the National Labor Relations Board (NLRB) declined to assert jurisdiction to determine whether the Northwestern University (Northwestern) scholarship football players should be considered employees under the National Labor Relations Act (NLRA). In April, we reported that the Regional Director of Region 13 of the NLRB found that scholarship football players from … Continue reading

Headwinds and headscarves – Charting a prudent course for employers in the wake of EEOC v. Abercrombie & Fitch

On June 1, 2015, the Supreme Court of the United States, in EEOC v. Abercrombie & Fitch Stores, Inc., held that an employer need not have actual knowledge of the need for religious accommodation to be liable for a hiring decision if the employer refuses to accommodate a perceived need for a religious accommodation. The … Continue reading

Pregnancy discrimination: a hot topic for 2015

In the United States, the Federal Pregnancy Discrimination Act (“PDA”) has long forbidden an employer with fifteen or more employees from pregnancy-related discrimination. 42 U.S.C. § 2000(e) et seq. Similar laws have likewise long existed in many states and cities. See, e.g., Minn. Stat. Ch. 363A (sex includes pregnancy). But 2014 developments raised the stakes, with … Continue reading

Are scholarship football players employees? NLRB to hear appeal and take comments

Earlier this year, the Regional Director of Region 13 of the NLRB found that scholarship football players at Northwestern University are “employees” under Section 2(3) of the National Labor Relations Act. Northwestern University v. College Athletes Players Association, Case 13-RC-121359 (N.L.R.B. Mar. 26, 2014). The Regional Director’s decision turned largely on the amount of control … Continue reading
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