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Michael S. Arnold

Member / Chair, Employment, Labor & Benefits Practice

[email protected]

+1.212.692.6866

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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)

Recent Insights

Viewpoints

Viewpoint General

Governor Cuomo Signs Bill Updating the New York State Human Rights Law

August 13, 2019 | Blog | By Michael Arnold, Brie Kluytenaar

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.
Viewpoint

New York To Curb Employer Use of Applicant and Employee Wage and Salary History

June 26, 2019 | Blog | By Brie Kluytenaar, Michael Arnold

Viewpoint

New York Extends Pay Equity Act to All Protected Classes

June 25, 2019 | Blog | By Jennifer Budoff, Michael Arnold

Viewpoint General

Increases to New York State Minimum Wage and Salary Thresholds About to Go Into Effect

December 24, 2018 | Blog | By Michael Arnold, Alison Renner

It’s that time of year! New York State minimum wage rate and overtime exemption salary thresholds are set to increase. The changes go into effect on December 31, 2018 and are summarized below. We also take a moment to focus on the significant rise in the salary basis threshold.
Viewpoint General
The wait is over.  The New York State Department of Labor (DOL) just released its final guidance with respect to New York State’s new anti-sexual harassment law.  The release includes final templates for the model sexual harassment prevention policy, complaint form, and harassment prevention training program.

New York State Department of Labor Releases Draft Sexual Harassment Prevention Materials

August 27, 2018 | Blog | By Brie Kluytenaar, Michael Arnold

Guidance on NYC Temporary Schedule Change Law Released

August 8, 2018 | Blog | By Michael Arnold, Brie Kluytenaar

The Office of Labor Policy & Standards, the office responsible for enforcing NYC’s employment laws, recently released guidance on the new Temporary Schedule Change Law. The law, which took effect on July 18, 2018, was passed with little fanfare, but left employers asking many questions about how to effectively implement its requirements.
In the wake of the #MeToo movement and the nationwide discourse over the prevalence of sexual harassment in the workplace, New York State and New York City have taken aggressive steps to implement stronger protections against workplace harassment.

Update: DOL Regulation for Employers Who Use Direct Deposit and Payroll Debit Cards Invalidated

February 27, 2017 | Alert | By Michael Arnold, Brie Kluytenaar

The New York State Industrial Board of Appeals has invalidated and revoked the NYS Department of Labor regulations governing payment of wages by direct deposit or payroll debit card.

News & Press

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.  
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 | https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/how-to-proceed-after-last-minute-overtime-rule-freeze.aspx Society for Human Resource Management

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.

Events

Speaker
Apr
30
2019
Speaker
Jan
28
2016

Second Annual Employment Law Summit

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

Speaker
Jan
20
2015

Emerging Employment Issues in 2015

The Princeton Club

New York, NY