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
New York State Addresses Paid Sick Leave Requirements in New Guidance
October 23, 2020 | Blog | By Corbin Carter, Michael Arnold
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:
COVID-19 Telecommuting Tax and Leave Issues for Employers
October 20, 2020 | Blog | By Emma Follansbee, Michael Arnold
Navigating Politics in the Workplace During the Election Season
October 8, 2020 | Blog | By Michael Arnold
Paid Sick Leave Arrives for New York State Employers & New York City Amends Its Own Paid Sick Leave Law
September 30, 2020 | Blog | By Corbin Carter, Michael Arnold
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.
Updated: Department of Labor Guidance for Families First Coronavirus Response Act
September 20, 2020 | Blog | By Danielle Bereznay, Michael Arnold
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.
COVID-19, the New School Year, and Working Parents
September 8, 2020 | Blog | By Delaney Busch, Jennifer Rubin, Michael Arnold
Return to Work COVID-19 Testing Considerations
August 10, 2020 | Blog | By Danielle Bereznay, Michael Arnold, Corbin Carter
New York State Judge Allows Sexual Harassment Claim to Proceed in Court, Invalidating Arbitration Agreement
July 29, 2020 | Blog | By Corbin Carter, Michael Arnold
Supreme Court Rules That Title VII Protects LGBTQ Employees
June 16, 2020 | Blog | By Corbin Carter, Michael Arnold
Executive Compensation: Moving Forward in a COVID-19 World
June 2, 2020 | Blog | By Alexander Song, Anne Bruno, Michael Arnold, Steve Gulotta, Andrew Bernstein
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)