Michael S. Arnold
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 - 2020)
Recent Insights
Viewpoints
New York State Department of Labor Updates Guidance on COVID-19 Leave Law
February 10, 2021 |Blog
CDC Issues Expanded Guidance for Workplace COVID-19 Testing Programs
February 5, 2021 |Blog
News & Press
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.
Events
Register for Mintz’s Annual Employment Law Summit on Thursday, March 4 as we bring together thought leaders to discuss the most pressing issues employers are facing in today’s unprecedented work environment. Attendees will hear presentations on the continued impact of COVID-19; social justice and diversity, equity and inclusion initiatives; recent and anticipated changes to employment laws; best practices for managing sensitive employee situations; and many other topics.
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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New York City Amends Fair Chance Act, Further Limits Employers’ Consideration of Criminal History
January 8, 2021 | Blog | By Corbin Carter, Michael Arnold
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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NYC Releases Updated Paid Sick and Safe Time Notice of Employee Rights
November 2, 2020 | Blog | By Michael Arnold
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 Brie Kluytenaar, 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:
Read more
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
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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Navigating Politics in the Workplace During the Election Season
October 8, 2020 | Blog | By Michael Arnold, Brie Kluytenaar
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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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
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.
Read more
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
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.
Read more
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.
News & Press
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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Jan
28
2016
Second Annual Employment Law Summit
The Princeton Club 14 West 43rd Street, New York, New York
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