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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

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Updated: Summary of the U.S. Department of Labor’s FFCRA Regulations

April 22, 2020 | Blog | By Nicole Rivers, Michael Arnold

The U.S. Department of Labor (“DOL”) has released its 124-page temporary regulations of the Families First Coronavirus Response Act (“FFCRA”).
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Following the enactment of COVID-19 quarantine leave benefits in March, New York State has now enacted permanent paid sick leave measures, which will require New York employers to provide various amounts of sick leave to employees starting on January 1, 2021.  This post highlight the new requirements of the law.
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New York State to Provide Paid Sick Leave, Other COVID-19 Protections for Workers

March 27, 2020 | Blog | By Michael Arnold, Corbin Carter

As New York State announced that it had confirmed over 2,300 cases of the COVID-19 coronavirus, New York Governor Andrew Cuomo signed into law new requirements for New York State employees affected by the virus.  The new law was swiftly enacted in light of the urgent public health and economic crises facing the state, and goes into effect immediately.  It mandates that New York employers offer paid sick leave and job protections for workers quarantined as a result of the coronavirus outbreak.
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As the United States continues to develop its response to the COVID-19 pandemic, thousands of members of the National Guard will be activated to help deal with the threat.  Last week, Massachusetts Governor Charlie Baker activated 2,000 of the state’s National Guardspeople to aid the COVID-19 fight. As states assess how to use the National Guard to assist with the current state of emergency, service members will be called on to serve in increasing numbers.
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COVID-19 Update: The Families First Coronavirus Response Act Becomes Law

March 19, 2020 | Blog | By Michael Arnold, David Barmak, Danielle Bereznay

President Trump signed the Families First Coronavirus Response Act into law late Wednesday night.  We summarize the enacted version below (which replaces our analysis of an earlier version the House passed, which it since amended).  The law goes into effect into effect April 2, 2020 and will remain in place until the end of the year. 
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New York Governor Andrew Cuomo has issued an expansive executive order, which mandates that, beginning Friday, March 20, 2020, at 8:00 PM, all “non-essential” businesses and non-profits entities in New York State must reduce their in-office workforce by at least 75%, and where possible, utilize telecommuting arrangements.
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New York Paid Family Leave in 2020

November 8, 2019 | Blog | By Michael Arnold, Corbin Carter

The arrival of the holiday season means that 2020 is just around the corner.  In anticipation of the new year, employers should take time to review upcoming changes to the requirements of the New York Paid Family Leave Law (NYPFL or PFL) and ensure compliance with any leave requests that may soon come their way.
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New York recently extended its protections of the New York City Human Rights Law to non-employees, including contractors and freelancers, following in the footsteps of New York State, which recently amended its Human Rights Law in a similar manner.  The new law will go into effect in January 2020.  We wanted to highlight an important development that arises out of the change in this law. 
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On Monday, Governor Cuomo signed into the law the last of four bills aimed at strengthening workplace protections for employees.  In mid-July, the Governor signed pay equity, salary history disclosure and hair discrimination laws into effect.  Now, the Governor has completed this effort by signing into the law a bill that makes significant changes to the New York Human Rights Law.
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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