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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

Sixth Circuit Explicitly Sidesteps the NLRB’s McLaren Macomb Decision

September 24, 2024 | Blog | By Delaney Busch, Evan Piercey, Michael Arnold

The Sixth Circuit Court of Appeals recently declined to comment on the National Labor Relations Board’s (the “Board”) McLaren Macomb decision which took aim at overbroad non-disparagement and non-disclosure agreements.  

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After Months of Uncertainty, a Federal Court Has Blocked the FTC’s Non-Compete Rule on a Nationwide Basis

August 21, 2024 | Blog | By Michael Arnold, Corbin Carter, Talia Weseley

A judge in the Northern District of Texas issued an order setting aside the Federal Trade Commission’s rule banning non-compete agreements and ordered that the rule shall not be enforced or otherwise take effect on September 4, 2024.  This much-awaited decision comes after the judge already issued a limited preliminary injunction in the same case in early July as to the named plaintiffs there (discussed here).  Although multiple other courts have recently weighed in on the issue to mixed results, including federal courts in Pennsylvania and Florida (see here), the Texas judge’s ruling has resulted in the first nationwide prohibition on the FTC’s enforcement of the rule.  Accordingly, barring any intervening appellate activity, the FTC’s rule will no longer go into effect on September 4, 2024 (the original effective date), employers will not be required to void employees’ existing non-competes covered by the rule, and employers are no longer required to send employees notices regarding the status of any non-competes. 

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Federal Court in Florida Issues Another Limited Preliminary Injunction Against the FTC’s Non-Compete Rule

August 19, 2024 | Blog | By Michael Arnold, Corbin Carter, Talia Weseley

On August 14th, a second federal judge, this time out of the Middle District of Florida, temporarily blocked the FTC’s rule banning non-compete agreements, but only as to the named plaintiff in that case 

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Federal Court in Texas Issues Limited Preliminarily Injunction Stopping the FTC’s Non-Compete Rule

July 4, 2024 | | By Danielle Bereznay, Corbin Carter, Michael Arnold

On July 3, 2024, the Federal District Court in the Northern District of Texas in Ryan LLC v. Federal Trade Commission granted a preliminary injunction staying the effective date of the FTC’s non-compete rule and enjoining the FTC from enforcing it against the specific plaintiffs who challenged it (Ryan, LLC, the US Chamber of Commerce, and a few other business groups which were previously permitted to intervene in the lawsuit).  The Court declined to enter a nationwide injunction, and, absent additional legal developments or a voluntary nationwide stay by the FTC, the non-compete rule is still set to go into effect on September 4, 2024 for all other covered employers.  In its decision, the Court indicated that it intends to rule on the merits of the case by August 30, 2024, in advance of the rule’s September 4, 2024 effective date. 

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Update: EEOC Issues Final Guidance on Workplace Harassment

May 29, 2024 | Blog | By Delaney Busch, Kathryn Droumbakis, Tom J. Pagliarini, Michael Arnold

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In Split Vote, FTC Approves Controversial Final Rule Banning Most Post-Employment Non-Competes; Rule Already Subject to Challenge in Court

April 25, 2024 | Blog | By Talia Weseley, Danielle Bereznay, Bruce Sokler, Benjamin Ferrucci, David Barmak, Brad M Scheller, Geri Haight, Michael Arnold

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New York Court Puts Breaks on Manual Worker Weekly Wage Payment Claims

January 23, 2024 | Blog | By Evan Piercey, Michael Arnold

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New York Governor Vetoes Non-Compete Ban

December 23, 2023 | Blog | By Michael Arnold, Andrew Bernstein, Corbin Carter, Evan Piercey

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Chicago Employers Must Now Provide Sick Leave and PTO to Employees

December 21, 2023 | Blog | By Corbin Carter, Michael Arnold, Talia Weseley

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News & Press

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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.

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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. 

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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.

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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.

Press Release Thumbnail Mintz

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.

Press Release Thumbnail Mintz

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.

Press Release Thumbnail Mintz

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.  
Press Release Thumbnail Mintz
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

Speaker
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 - 2024)

  • 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