Michael S. Arnold
(he/him/his)
Member / Chair, Employment, Labor & Benefits Practice
+1.212.692.6866
Michael Arnold is Chair of the firm's Employment, Labor & Benefits Practice. He is an employment lawyer who deftly handles a wide array of matters. His capabilities include counseling on everyday HR life cycle issues, defending management and senior executives in connection with employment-related proceedings, and assisting companies navigate the complex employment issues that arise in transactions. Michael’s clients appreciate his strong emphasis on providing not just legal advice, but also practical advice, that aligns with organizational and HR strategies while reducing exposure. He also prides himself on being user-friendly, responsive, and strategic.
When Michael is not with a client, he’s out there leading the Firm’s Employment, Labor and Benefits Section. He is still quite active blogging for Mintz’s award-winning Employment Matters Blog, where he currently serves as an Editor and where he’s twice been named a top author by JD Supra (2016 and 2017). His peers seem to like him too as they have recognized him consistently; first he was included on the New York Super Lawyers Rising Star List in 2012 and then included among the New York Super Lawyers List from 2013 through the present.
More specifically, here is what Michael is practicing on a day to day basis:
- Counseling on issues related to the HR life cycle (recruiting, staffing, performance, including evaluations and PIPs; engagement, retention, separation, including reduction in force; post-separation, including employee mobility issues), and compliance with discrimination, wage and hour, family and medical leave, workers’ compensation and disability, and other employment laws and regulations.
- Investigating and reporting on employee complaints, including sexual harassment and discrimination complaints, and assisting management resolve other employee relations issues.
- Conducting anti-discrimination/harassment and other HR and legal issue-based training seminars regarding legal requirements, best practices, and risk mitigation.
- Auditing and assisting in the development and implementation of employment policies, procedures, and practices.
- 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.
Education
- Boston University School of Law (JD)
- Cornell University (BS, Industrial and Labor Relations)
Recognition & Awards
- Included on the New York Super Lawyers: Employment & Labor List (2019 - 2021)
- Chambers USA: New York – Labor & Employment, Up and Coming (2021)
Recent Insights
Viewpoints
Supreme Court Blocks OSHA Vaccine Rule for Large Employers
January 13, 2022 |Blog
News & Press
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.
Events
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. Join us for this one-hour webinar as we explore the current workplace vaccine compliance landscape and offer best practices for implementing vaccination policies aimed at making workplaces safe and while accounting for jurisdictional, political, philosophical and physical divides.
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.
Viewpoints
NYC Council Amends Salary Range Transparency Law; Delays Implementation Date
May 3, 2022 | Blog | By Michael Arnold, Corbin Carter, Danielle Dillon
New York City Commission on Human Rights Provides Salary Range Transparency Act Guidance
April 11, 2022 | Blog | By Danielle Dillon, Evan Piercey, Michael Arnold, Jennifer Rubin
The New York City Commission on Human Rights has released a Fact Sheet entitled Salary Transparency in Job Advertisements, which provides much-welcomed guidance to employers on the NYC Salary Range Transparency Act. Some questions, however, remain unanswered.
Read more
Supreme Court Blocks OSHA Vaccine Rule for Large Employers
January 13, 2022 | Blog | By Michael Arnold, Corbin Carter
The Supreme Court has stayed OSHA from enforcing its vaccine-or-test rule for large private employers. In its opinion, the Court found that Congress did not grant OSHA the authority to issue such a sweeping rule. Empowered to issue a workplace safety rule? Yes. But, according to the Supreme Court, OSHA did not impose such a rule; instead, it attempted to impose a broad public health measure, which the Court considered outside of the agency’s purview. In short, as the Court noted: “imposing a vaccine mandate on 84 million Americans in response to a worldwide pandemic is simply not ‘part of what the agency was built for.’”
Read more
(Updated) A Comprehensive Breakdown of OSHA’s COVID-19 Vaccination Rule
January 12, 2022 | Blog | By Michael Arnold, Jennifer Rubin, David Barmak, Corbin Carter, Evan Piercey, Danielle Bereznay, Danielle Dillon, Nicole Rivers, Paul Huston, Emma Follansbee
Read Mintz’s comprehensive analysis of OSHA’s Emergency Temporary Standard pertaining to workplace COVID-19 vaccination and testing requirements for employers with 100 or more employees.
Read more
New York State Department of Health Issues Updated Interim COVID-19 Quarantine and Isolation Guidance
January 7, 2022 | Blog | By Evan Piercey, Corbin Carter, Michael Arnold
On January 4, 2022, and faced with record numbers of COVID-19 cases in New York State, the New York State Department of Health (“NYSDOH”) issued Interim Updated Isolation & Quarantine Guidance. The Interim Guidance aligns NYSDOH’s isolation and quarantine recommendations for the general population with the guidance issued by the CDC on December 27, 2021, which the CDC has updated repeatedly since then, and about which we previously reported on here. This Interim Guidance also supersedes the essential worker portion of NYSDOH’s December 24, 2021 shortened isolation guidance, although the portion pertaining to healthcare workers remains in effect. We will continue to provide updates on NYSDOH’s recommendations, as well as those issued by other public health agencies, as events continue to unfold.
Read more
(Updated) Shorter COVID-19 Isolation and Quarantine Periods Will Impact Workplaces
January 6, 2022 | Blog | By Nicole Rivers, Michael Arnold, Jennifer Rubin
UPDATE: Following its original announcement, the CDC further updated its guidance to apply the 5 day quarantine rule to those who are asymptomatic but now also to those whose symptoms are resolving (without fever for 24 hours). The guidance now also includes a reminder that applicable local laws continue to apply and that the recommendations do not apply to healthcare workers (for whom the CDC has issued separate guidance). The CDC separately updated its definitions of “isolation” and “quarantine” and outlined additional recommendations regarding testing and masking procedures for individuals who test positive and those who are exposed to COVID-19. This post has been updated to reflect these changes.
Read more
New York Department of Labor Issues Proposed Regulations for HERO Act Workplace Safety Committee Requirement
January 4, 2022 | Blog | By Evan Piercey, Michael Arnold
The New York State Department of Labor has issued proposed regulations interpreting and further defining the contours of the HERO Act’s joint labor-management workplace safety committees. We summarize the proposed regulations below.
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Mayor-Elect Eric Adams Plans to Enforce New York City’s Private Employer Vaccine Mandate
December 31, 2021 | Blog | By Evan Piercey, Michael Arnold
Mayor-elect Eric Adams has announced that he plans to keep New York City’s vaccine mandate in place once he takes office.
Read more
New York City Updates its Vaccine Executive Order Guidance
December 23, 2021 | Blog | By Michael Arnold, Evan Piercey
The updated guidance now states that NYC employers must comply with its vaccine order regardless of whether the OSHA vaccine order becomes effective. The guidance originally stated that “[c]overed entities or individuals who are subject to federal requirements that are not currently in effect because of a court order must comply with this order.” The guidance has now been updated to read: “Covered entities or individuals who are covered by the OSHA rule that allows either employee vaccination or testing must comply with this order – their workers must be vaccinated if they do not have a reasonable accommodation.” The City is taking this position even though the NYC Vaccine Executive Order itself states that it does not apply where a covered entity is already subject to another order, including an order of a “federal entity that is in effect and requires them to maintain or provide proof of full vaccination.”
Read more
New York City Council Passes Salary Range Transparency Law
December 23, 2021 | Blog | By Danielle Dillon, Michael Arnold
The New York City Council passed a bill which would amend the New York City Human Rights Law and require employers to state the minimum and maximum salary for any position located in New York City. This applies to job postings and advertisements, as well as promotion or transfer opportunities. This is the latest move to encourage salary transparency and equity, which is a growing movement a number of states and locales, including New York have joined to address systemic pay inequities.
Read more
News & Press
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
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28
2016
Second Annual Employment Law Summit
The Princeton Club 14 West 43rd Street, New York, New York
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