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Michael S. Arnold

(he/him/his)

Member / Chair, Employment Practice

[email protected]

+1.212.692.6866

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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.

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.
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viewpoints

New York State Department of Labor Updates Guidance on COVID-19 Leave Law

February 10, 2021 | Blog | By Corbin Carter, Michael Arnold

The New York State’s Department of Labor recently issued new Quarantine Leave guidance for 2021 – guidance that is certainly controversial in that it seemingly goes beyond the statutory text of the NY COVID-19 Quarantine Leave Law to create expansive new employer mandates. We previously wrote about New York’s COVID-19 leave requirements here and here. While the new guidance seems ripe for legal challenge, it nonetheless reflects the new position of the NYSDOL. Employers should review this new guidance – keeping in mind its informal, non-binding nature – as the pandemic continues to affect leave decision-making.
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CDC Issues Expanded Guidance for Workplace COVID-19 Testing Programs

February 5, 2021 | Blog | By Danielle Bereznay, Michael Arnold

The CDC has issued new guidance focused on ensuring employees’ informed consent for COVID-19 testing in the workplace. This builds on earlier guidance the CDC issued regarding workplace testing programs last fall. Because the CDC notes that employers should not conduct testing without an employee’s informed consent, employers should be prepared to answer employee questions and concerns by utilizing the recommend framework discussed below.
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The New York City Council has expanded NYC’s Fair Chance Act to further restrict NYC employers from taking adverse actions against applicants or employees based on their criminal history.  The law will go into effect on or about July 28, 2021.  We highlight the changes in the law and action items below.

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New COVID-19 Stimulus Package Becomes Law: FFCRA Considerations for Employers

December 28, 2020 | Blog | By Corbin Carter, Michael Arnold

The new COVID-19 stimulus package is now law. As discussed herein, it provides some employers an incentive to extend COVID-19 related FFCRA leave benefits through Q1 2021.
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A quick update to our earlier posts on New York State and New York City’s paid sick leave laws. The agency that enforces NYC’s paid sick and safe time law – the New York City Department of Consumer and Worker Protection – has just released its updated sick and safe time Notice of Employee Rights, which you can access here. We highlight some compliance issues to consider below.
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New York State Addresses Paid Sick Leave Requirements in New Guidance

October 23, 2020 | Blog | By Corbin Carter, Michael Arnold

This week, New York State issued guidance and an FAQ document regarding the State’s new paid sick leave law (“NYPSL”). As a reminder, New York State enacted statewide paid sick leave requirements for employers under Section 196-b of the New York Labor Law and they took effect on September 30, 2020. We provided an overview of the new NYPSL requirements for New York State employers in our previous post.
These permanent paid sick leave requirements (which differ from the COVID-19 quarantine leave measures that New York State enacted earlier this year) require New York employers to provide all employees with sick leave (which varies based upon the employer’s size), and grant employees the ability to use accrued sick time starting January 1, 2021.
The new guidance issued by New York State provides some clarity on select NYPSL topics, but leaves a number of questions unresolved. We provide a summary of key new information from the guidance for employers below:
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COVID-19 Telecommuting Tax and Leave Issues for Employers

October 20, 2020 | Blog | By Emma Follansbee, Michael Arnold

Months into the COVID-19 pandemic, many employer telecommuting arrangements remain in place, with several large corporations opting to extend these arrangements well into 2021. The benefits of such arrangements have been clear for many employers during the pandemic, including that they permit continued productivity while keeping employees safe. However, the longer that employees remain out of the office, the more telecommuting-related issues arise, including with respect to taxation of employee income and leave requirements, which we discuss below.
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With the presidential election less than a month away, it is more important than ever that employers proactively manage their work environment to protect against the potential pitfalls that can arise when political discussions occur in the workplace. The new remote working environment in which many employers find themselves only adds a layer of complexity to this challenge. We discuss this difficult issue further below.
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The New York State Paid Sick Leave Law’s accrual provisions go into effect today, September 30, 2020.  In April, Governor Cuomo signed into law new permanent paid sick leave requirements for all New York State employers (separate from COVID-19 leave which was passed in March and went into effect immediately).  Employees may begin using sick leave for purposes consistent with the law on January 1, 2021.  Although we expect the New York State Department of Labor to issue guidance or regulations on the new law, the agency has not done so to date.  We will continue to monitor for any updates. 

Meanwhile, the New York City Council swiftly passed an updated Sick and Safe Time law to align the City’s law more closely with the New York State sick leave law.  But there are some important differences with the State’s sick leave law.

Our full analysis of New York State’s new paid sick leave law can be found here.  More information on the City’s updated sick leave law, which also went into effect today, is addressed further below. 
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Updated: Department of Labor Guidance for Families First Coronavirus Response Act

September 20, 2020 | Blog | By Danielle Bereznay, Michael Arnold

The Department of Labor has again updated its guidance regarding the Families First Coronavirus Response Act ("FFCRA"). 
Below we summarize the DOL’s interpretative guidance, and note in bold where the DOL has either reaffirmed or changed its guidance in light of the federal court decision.  As a reminder, the law expires on December 31, 2020. 
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News & Press

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Legal Dive quoted a recent article written by Mintz attorneys Michael ArnoldAndrew BernsteinCorbin Carter, and Evan Piercey in a story discussing New York Gov. Kathy Hochul’s concerns surrounding a proposed noncompete ban.

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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.

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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.

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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.

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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.

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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.

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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.

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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.
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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.
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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.
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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.
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.  
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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.
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.
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.
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Events & Speaking

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Apr
30
2019
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Jan
28
2016

Second Annual Employment Law Summit

The Princeton Club 14 West 43rd Street, New York, New York

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Jan
20
2015

Emerging Employment Issues in 2015

The Princeton Club

New York, NY

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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)

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Michael S. Arnold

(he/him/his)

Member / Chair, Employment Practice

New York