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
NY HERO Act Standards & Template Policies Released – Employer Action Required
July 8, 2021 | Blog | By Corbin Carter, Michael Arnold
The New York State Department of Labor (NYSDOL) has released its HERO Act minimum standards and template policies related to airborne infectious disease prevention. Employers now have 30 days after the standards’ publication – until August 5, 2021 – to either: (1) adopt one of the model standard exposure prevention plans applicable to their industry, or (2) develop and establish an alternative prevention plan that meets or exceeds the minimum standards.
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Webinar Recording: Vaccination and the Workplace – Solving for the Latest Challenges Facing Employers
June 17, 2021 | Webinar | By Michael Arnold, Geri Haight, Jennifer Rubin, Corbin Carter
The CDC’s latest guidance lifting many restrictions for most fully vaccinated individuals has forced employers to consider whether and how to implement workplace vaccination policies. During this webinar, our speakers explored the current workplace vaccine compliance landscape and offered best practices for implementing vaccination policies aimed at making workplaces safe and while accounting for jurisdictional, political, philosophical and physical divides.
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ALERT: New York Hits Key 70% Vaccination Metric; Reopening Rules Lifted
June 15, 2021 | Blog | By Corbin Carter, Michael Arnold
It’s been a long road to recovery for employers since New York first issued its NY Forward reopening requirements for offices and other similar environments back in May 2020. Today, as New York reached a key vaccination metric – 70% of adults have now received at least one vaccine shot – Governor Cuomo announced that New York businesses will no longer be required to abide by the current industry-specific guidelines in order to reopen. Accordingly, the current NY Forward guidelines on capacity restrictions, social distancing, cleaning and disinfection, health screenings, contact tracing, and other virus-related restrictions are now lifted in most commercial settings.
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New York Revises COVID-19 Reopening Guidance & HERO Act Changes on the Way
June 10, 2021 | Blog | By Corbin Carter, Michael Arnold
It’s been a busy month (year?) for New York employers – one that has brought several important updates with respect to employers’ reopening plans. On the heels of the State’s May 19th adoption of the recent CDC guidance outlining increased privileges for fully vaccinated individuals, New York State updated its NY Forward COVID-19 reopening guidance on June 8, 2021, including its guidance geared toward office environments. As a reminder, New York businesses opting to reopen during the COVID-19 pandemic must do so consistent with the State’s industry-specific reopening guidelines, found here; affirm their compliance with same prior to reestablishing in-person operations; and implement a written safety plan governing its workplace safety protocols.
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New York State’s HERO Act Imposes New Workplace Health and Safety Obligations on Employers
May 19, 2021 | Blog | By Corbin Carter, Michael Arnold
The New York State Legislature recently passed the Health and Essential Rights Act (the “HERO Act”), which has been delivered to Governor Cuomo for his signature. The legislation seeks to address continued COVID-19 safety concerns in the workplace and is designed to codify, supplement, and replace numerous executive actions that have been issued throughout the pandemic. The HERO Act would also pass into law significant new health and safety obligations for New York employers, including the formation of joint labor-management workplace safety committees to help ensure worker safety. Employers should prepare now to come into compliance with the new law, which we summarize below.
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Have You Been Vaccinated? Your Employer (and Everyone Else) Wants to Know
May 17, 2021 | Blog | By Jennifer Rubin, Michael Arnold
The CDC’s recent guidance suggesting that most fully vaccinated individuals may discontinue certain safety measures, such as masking and social distancing, has created significant confusion for employers navigating conflicting and ever-changing state and local COVID-19 workplace laws, regulations and guidance. While the most recent CDC guidance endorses resuming activities (indoors and out) without masks for most fully vaccinated individuals, the guidance around vaccination verification and disparate treatment between the vaccinated and unvaccinated is still lacking. Employers are now facing these sensitive but critically important return to office issues without the benefit of critical guidance from Federal, state and local regulators. We provide some guidance below regarding vaccine verification and some considerations for employers thinking about instituting vaccine policies.
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CDC Vaccination Guidance Does Not Supersede State and Local Workplace Regulations
May 14, 2021 | Blog | By Danielle Bereznay, Jennifer Rubin, Michael Arnold, Corbin Carter
On May 13, 2021, the Centers for Disease Control and Prevention (the “CDC”) published guidance indicating that fully vaccinated individuals do not need to wear a mask or physically distance in certain indoor and outdoor environments, except where otherwise required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance. The guidance does not apply to healthcare settings and certain other environments.
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New York Amends its Off-Duty Conduct Law to Account for Marijuana Use
May 3, 2021 | Blog | By Michael Arnold, Danielle Bereznay, Corbin Carter
New York’s off duty conduct law will now explicitly apply to an employee’s off-duty use of cannabis. The change in law came as a result of the recent passage of “The Marijuana Regulation and Taxation Act,” which generally legalized the sale and use of cannabis for individuals 21 and over, and presents real compliance challenges for employers, which we discuss further below.
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Department of Labor Issues Model COBRA Subsidy Notices and FAQs
April 22, 2021 | Blog | By Michael Arnold, Corbin Carter
The Department of Labor has issued model notices regarding COBRA premium assistance (a/k/a COBRA subsidies). As we wrote about here, as part of the American Rescue Plan Act of 2021, Congress sought to enable qualifying individuals – known under the law as “Assistance Eligible Individuals” – to continue their healthcare coverage by subsidizing their COBRA premium payments for the period between April 1 and September 30, 2021. We discuss these notice requirements and related issues below.
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Conference Recordings: Mintz's Annual Employment Law Summit
March 12, 2021 | Webinar | By Michael Arnold, David Barmak, Micha Mitch Danzig, Geri Haight, Andrew Matzkin, David Lagasse, Jennifer Rubin, Alexander Hecht, Danielle Bereznay, Delaney Busch, Corbin Carter, Emma Follansbee, Natalie C. Groot, Paul Huston, Brendan Lowd, Nicole Rivers, Richard Block
Mintz’s Annual Employment Law Summit brought together thought leaders to discuss the most pressing issues employers are facing in today’s unprecedented work environment. Attendees heard presentations on the continued impact of COVID-19; social justice and diversity, equity and inclusion initiatives; recent and anticipated changes to employment laws; and best practices for managing sensitive employee situations.
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News & Press
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
Mintz Member and Chair of the firm’s Employment, Labor & Benefits Practice Michael Arnold was quoted in an article published by the Society for Human Resource Management’s HR Magazine that looked at job interview questions and icebreakers that may violate civil rights or present other legal risks.
Disciplining Workers for Lies About Vaccinations
May 4, 2021
Mintz Member and Chair of the firm’s Employment, Labor & Benefits Practice Michael Arnold was quoted in an article published by the Society for Human Resource Management’s HR Magazine that examined best practices to avoid liability for employers disciplining employees who lie about getting COVID-19 vaccinations.
Making the Case for Return to Office
March 30, 2021
Mintz Member and Chair of the firm’s Employment, Labor & Benefits Practice Michael Arnold was quoted in an article published by the Society for Human Resource Management (SHRM)’s HR Magazine that provided key considerations for employers making a case for returning to the workplace, including employees’ perspectives and preferences, pandemic-related challenges, and Centers for Disease Control and Prevention (CDC) guidance for employers seeking to re-establish in-person business operations.
Counsel Who Care: How Attys Are Helping During A Crisis
June 16, 2020
Mintz Member and Chair of the firm’s Employment, Labor & Benefits Practice Michael Arnold was quoted in a recent Law360 article that highlighted the firm’s new pro bono initiative to provide employment law services to income-screened small businesses and nonprofits affected by the COVID-19 pandemic.
4 Slam-Dunk Tips For Employers To Swish March Madness
March 15, 2018
Member and leader of the firm’s Employment, Labor & Benefits Practice Mike Arnold is quoted in this March Madness feature article. The story notes that employers should use this as an opportunity to create and foster company camaraderie and try to avoid being too harsh on employees.
Fourteen Mintz attorneys have been named New York Super Lawyers for 2017 and thirteen have been named New York Rising Stars. New York Super Lawyers recognizes the top lawyers with the highest degree of peer recognition and professional achievements.
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
JD Supra has recognized Mintz in its 2017 Reader’s Choice awards, highlighting the most widely read authors and articles over the past year. Eleven Mintz attorneys were named JD Supra Top Authors in four industries and Mintz was recognized as the Top Firm with readers in the Energy Industry.
How to Proceed After Last-Minute Overtime Rule Freeze
November 23, 2016
Michael Arnold, a Mintz Employment, Labor & Benefits Member, was quoted in this Society for Human Resource Management article on the U.S. District Court for the Easter District of Texas’s temporary decision to place a nationwide hold on the overtime rule.
Sixteen Mintz attorneys have been named New York Super Lawyers for 2016 and twelve have been named New York Rising Stars. The list will be published in a special advertising supplement in The New York Times Magazine and in a stand-alone magazine, New York Super Lawyers - Metro Edition.
Michael Arnold, a New York Employment, Labor & Benefits Member, was quoted in this Law360 article on attorney feedback regarding the U.S. Department of Labor’s final overtime exemption rule.
White Collar OT Rules
May 19, 2016
Michael Arnold, a New York Employment, Labor & Benefits Member, is quoted in this news segment on the forthcoming US Department of Labor final rule regarding the “salary test” determining whether white collar workers will be subject to the Fair Labor Standards Act requirements for overtime pay.
Thirteen attorneys from Mintz have been named New York Super Lawyers for 2014 and eleven have been named New York Rising Stars. The list will be published in a special advertising supplement in The New York Times Magazine and in a stand-alone magazine, New York Super Lawyers - Metro Edition.
Mintz Elevates Ten Attorneys to Members of the Firm
May 16, 2013
Events & Speaking
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2021
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Second Annual Employment Law Summit
The Princeton Club 14 West 43rd Street, New York, New York
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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 (2019 - 2023)
Chambers USA: New York – Labor & Employment, Band 5 (2023 - 2024)
Chambers USA: New York – Labor & Employment, Up and Coming (2021)
