Michael S. Arnold
(he/him/his)
Member / Chair, Employment Practice
+1.212.692.6866
Michael Arnold serves as the Chair of the firm’s Employment Practice and has significant experience advising private and public employers on a wide variety of employment-related issues across a broad range of sectors, including the financial, professional services, life sciences, health care, real estate, energy, technology, media, retail, industrial, and governmental sectors.
Mike’s client-centric approach and consistent ability to provide practical advice that reduces risk and aligns with organizational and HR strategies is a continued testament to his broad expertise and leadership. He is singled out by Chambers USA sources as an “incredible advisor and asset to in-house legal departments and operations teams, sharing both his technical expertise and always providing practical guidance.” Chambers USA sources add that Mike is “extremely responsive, knowledgeable, practical, and commercial” and “distinguishes himself in the market by delivering information and work product in the most user-friendly manner possible, enabling teams to efficiently operate in a fast-paced environment.”
Clients turn to Mike for his expertise in navigating sophisticated and highly-sensitive workplace matters, including:
- Counseling on issues related to all aspects of the HR life cycle (from recruiting and onboarding, to retention and development, to separation and post-separation) covering discrimination, harassment and retaliation, wage and hour, leave and accommodation, restrictive covenant issues and other employment-related issues.
- Conducting investigations of employee complaints, including discrimination and harassment complaints, and assisting management resolve other employee relations issues.
- Auditing and assisting in the development and implementation of employment policies, procedures, and practices.
- Conducting anti-discrimination/harassment and other HR and legal issue-based training regarding legal requirements, best practices, and risk mitigation.
- Representing management and senior executives in connection with a variety of complex employment litigation matters, including pre-trial, trial and appellate work; administrative discrimination charges and other agency proceedings (including EEOC, NYSDHR, NYCCHR, DOL, WCB); and arbitrations and mediations relating to wage and hour, discrimination, restrictive covenants, contract, and other employment-related disputes, including collective and class actions.
- Drafting and negotiating employment-related agreements and policies, including offer letters, employment and consulting agreements, restrictive covenant agreements, separation agreements, and employee-related regulatory disclosures.
- Representing clients in connection with corporate transactions and bankruptcy proceedings, including conducting employment-related due diligence and negotiating employment-related warrants and representations and related employment transaction documents.
As Chair of the Employment practice, Mike works alongside Firm leadership and key stakeholders to drive strategy and operations, while ensuring optimal client service. Mike also remains out in front on identifying and commenting on employment industry hot topics, including by authoring many posts for the group’s award-winning blog, regularly speaking and reporting on timely and important trends, and hosting the firm’s Annual Employment Law Summit.
Michael Arnold serves as the Chair of the firm’s Employment Practice and has significant experience advising private and public employers on a wide variety of employment-related issues across a broad range of sectors, including the financial, professional services, life sciences, health care, real estate, energy, technology, media, retail, industrial, and governmental sectors.
Experience
- Represented a global financial institution in connection with multiple discrimination claims, including claims of national origin, age, sex and pregnancy discrimination.
- Represented an international media company in connection with claims of age and race discrimination arising out of a reduction in force.
- Represented one of the world’s largest hotel chains in successfully obtaining a dismissal of an Article 78 wrongful termination proceeding.
- Represented one of the nation's premier medical centers in successfully obtaining a dismissal of national origin and religious discrimination claims.
- Represented a luxury residential and commercial real estate development and management company in defending against a wage/hour class action based on alleged failure to pay overtime.
- Represented an independent global expert services and advisory firm in defending against claims of equal pay and sexual harassment.
- Represented a state development agency in addressing a highly complex pandemic-related telecommuting disability accommodation issue.
- Conducted a full-scale employment practices audit for a publicly traded biopharmaceutical company.
- Conducted a hiring and onboarding employment practices audit for a national life insurance company.
- Advised a global hospitality company on multiple reductions in force, including regarding WARN Act implications, disparate impact issues, OWBPA compliance, severance program structuring, and implementation of the same.
- Advised a global consulting firm in successfully navigating mobility issues arising out of various new hires.
- Advised an international Am Law 75 law firm in complying with its background check compliance obligations.
- Advised a publicly traded biopharmaceutical company in connection with potential employment compliance issues related to the use of a remote workforce.
- Conducted an internal investigation on behalf of a global consulting firm in response to an executive’s alleged sexual harassment.
- Drafted and negotiated an executive employment agreement for a C-Level executive at one of the nation’s largest debt securities underwriters.
- Advised a multinational energy company in connection with its vaccination compliance obligations and overall policy strategy.
- Advised a global banking institution in connection with the creation and implementation of a bonus plan.
- Represented various employers in successfully vacating initial determinations of contractor misclassification before unemployment insurance and workers’ compensation agencies.
- Advised various employers on their compliance obligations with respect to employee use of cannabis.
- Guided numerous employers in redesigning their workplaces in the next phase of COVID, including by providing extensive counseling on designing an effective “return to office” strategy (in person, hybrid, or remote), creating vaccination, booster, and testing policies and ensuring a safe office environment overall, realigning leave policies and procedures, and undertaking various workforce planning and change management exercises.
- Guided numerous employers in formulating and implementing pay transparency strategies that ensure compliance and align with operational needs.
viewpoints
Chicago Employers Must Now Provide Sick Leave and PTO to Employees
December 21, 2023 | Blog | By Corbin Carter, Michael Arnold, Talia Weseley
New York State Enacts Changes to Employment-Related Confidentiality Provisions
December 14, 2023 | Blog | By Michael Arnold, Corbin Carter, Evan Piercey, Talia Weseley
2023 New York Employment Law Roundup
December 14, 2023 | Blog | By Michael Arnold, Corbin Carter, Evan Piercey, Talia Weseley
New York Non-Compete Update: Governor Will Not Sign Non-Compete Bill Unless Changes Are First Made
December 4, 2023 | Blog | By Michael Arnold, Andrew Bernstein, Corbin Carter, Evan Piercey
In her first public comments since its passage, New York Governor Kathy Hochul expressed a desire to see changes in New York’s proposed ban on non-compete agreements (SB 3100) before she would consider signing the bill.
What Employers Need to Know About the EEOC’s Proposed Guidance On Workplace Harassment
October 16, 2023 | Blog | By Delaney Busch, Michael Arnold
The Equal Employment Opportunity Commission ("EEOC") released its Proposed Enforcement Guidance on Harassment in the Workplace. In light of recent legal developments, such as the Bostock v. Clayton County decision, which held that Title IX protects transgender persons from discrimination on the basis of sex, the #MeToo movement, the increase in remote work, changes to abortion rights, and changes in the way harassment may occur (e.g., online bullying or harassment), the proposed guidance illustrates the EEOC’s current interpretation of “existing requirements of the law” and/or its policies. Here are some notable parts of the guidance:
New York City Issues Amended Safe and Sick Time Regulations
October 12, 2023 | Blog | By Corbin Carter, Michael Arnold, Talia Weseley
In 2020, New York City amended its paid sick leave law, named the Earned Safe and Sick Time Act (“ESSTA”), to better align with New York State’s Paid Sick Leave law. Following these amendments, the Department of Consumer and Worker Protection (DCWP) published updated notices and FAQ documents, but stopped short of publishing formal updates to the corresponding ESSTA Rules – until now.
Second Circuit Clarifies Standard for Evaluating Title VII Retaliation Claims
September 19, 2023 | Blog | By Kevin Kim, Michael Arnold
On the heels of the Fifth Circuit Court of Appeals’ recent decision clarifying its view of properly pled Title VII disparate treatment discrimination claims, which we previously covered here, the Second Circuit Court of Appeals in Carr v. New York City Transit Authority, has now clarified its view of the standard for pleading retaliation claims under Title VII.
Changes May be Coming to White-Collar Exemption Salary Thresholds
September 11, 2023 | Blog | By Michael Arnold, Kathryn Droumbakis
Caveat Employer: A Word of Caution When Drafting Non-Disparagement Provisions
August 10, 2023 | Blog | By Michael Arnold, Kevin Kim
Employers Need to Go Further to Accommodate an Employee’s Religion
July 24, 2023 | Blog | By Michael Arnold, Kevin Kim
News & Press
Twenty-seven Mintz Attorneys Recognized as 2024 New York Super Lawyers and Rising Stars
October 28, 2024
Mintz is pleased to announce that 15 attorneys have been named New York Metro Super Lawyers and 12 attorneys have been named New York Metro Rising Stars by Super Lawyers for 2024.
Employment Practice Chair Michael Arnold was quoted by SHRM in an article about the FTC’s ban on noncompetes being struck down by a federal court last week.
Mintz announced today that 42 of its practices and 83 of its attorneys earned recognition in the 2024 edition of Chambers USA, a guide to the country’s leading law firms. Of those included in the guide, 18 attorneys and seven practice areas were awarded Chambers’ highest ranking, Band 1. The firm obtained new listings in three practice areas and 10 of its lawyers were recognized for the first time.
New York Governor Voices Concerns About Proposed Noncompete Ban
December 5, 2023
Legal Dive quoted a recent article written by Mintz attorneys Michael Arnold, Andrew Bernstein, Corbin Carter, and Evan Piercey in a story discussing New York Gov. Kathy Hochul’s concerns surrounding a proposed noncompete ban.
Twenty-nine Mintz Attorneys Named to 2023 New York Metro Super Lawyers List
September 22, 2023
NEW YORK – Mintz is pleased to announce that 18 attorneys have been named New York Metro Super Lawyers and 11 attorneys have been named New York Metro Rising Stars by Super Lawyers for 2023.
Member Michael Arnold and Associate Kevin Kim co-authored an article published in the latest edition of the Employee Benefit Plan Review journal analyzing The U.S. Supreme Court's recent unanimous decision in Groff v. DeJoy.
BOSTON – Mintz has earned top rankings in the 2023 edition of Legal 500 United States guide. The firm is recognized in 14 practice categories, and 59 individual attorneys are also recognized in the guide, some in more than one category.
BOSTON – Mintz has earned top rankings in the 2023 edition of Legal 500 United States guide. The firm is recognized in 14 practice categories, and 59 individual attorneys are also recognized in the guide, some in more than one category.
BOSTON –Mintz announced today that 39 of its practices and 81 of its attorneys earned recognition in the 2023 edition of Chambers USA, a guide to the country’s leading law firms.
Twenty-six Mintz Attorneys Recognized as 2022 New York Super Lawyers and Rising Stars
September 29, 2022
17 Mintz attorneys have been named New York Metro Super Lawyers and nine Mintz attorneys have been named New York Metro Rising Stars by Super Lawyers for 2022.
CDC Relaxes COVID Quarantine Guidelines
August 24, 2022
Interview Icebreakers Can Land You in Hot Water
June 1, 2021
Disciplining Workers for Lies About Vaccinations
May 4, 2021
Making the Case for Return to Office
March 30, 2021
Counsel Who Care: How Attys Are Helping During A Crisis
June 16, 2020
4 Slam-Dunk Tips For Employers To Swish March Madness
March 15, 2018
Eighteen Mintz Attorneys Named 2013 New York Super Lawyers and Rising Stars
September 16, 2017
Mintz Named Top Firm in Energy and Eleven Attorneys Featured in JD Supra’s 2017 Reader’s Choice Awards
March 20, 2017
How to Proceed After Last-Minute Overtime Rule Freeze
November 23, 2016
White Collar OT Rules
May 19, 2016
Mintz Elevates Ten Attorneys to Members of the Firm
May 16, 2013
Events & Speaking
Second Annual Employment Law Summit
The Princeton Club 14 West 43rd Street, New York, New York
Michael Arnold serves as the Chair of the firm’s Employment Practice and has significant experience advising private and public employers on a wide variety of employment-related issues across a broad range of sectors, including the financial, professional services, life sciences, health care, real estate, energy, technology, media, retail, industrial, and governmental sectors.
Recognition & Awards
Legal 500 United States: Workplace and Employment Counseling (2022 - 2024)
Legal 500 United States: Employee Benefits and Retirement Plans (2023)
Included on the New York Super Lawyers: Employment & Labor List (2012 - 2024)
Chambers USA: New York – Labor & Employment, Band 5 (2023 - 2024)
Chambers USA: New York – Labor & Employment, Up and Coming (2021)