Michael 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 pretrial, 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.

Mike is a member of the firm's Policy Committee.

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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California Supreme Court Upholds Employment Class Action Waivers, but Rejects Waivers of PAGA Claims

June 30, 2014 | Blog

The California Supreme Court issued an important decision last week on the enforceability of employment class action waivers included in arbitration agreements. The result: private parties can contract for the waiver of the right to pursue a class action in any forum.

June 25, 2014 | Blog

Sitting here in the Big Apple, the thought of the New York City Council voting to narrow the reach of the New York City Human Rights Law seems roughly equivalent to the thought of a Game of Thrones episode without any violence. It’s just not going to happen.

June 20, 2014 | Blog

For the first time the Second Circuit Court of Appeals tackled the Fair Labor Standards Act’s public agency volunteer exception. In Brown v. New York City Board of Education, the Court outlined the contours of the exception and affirmed a lower court decision finding that the individual at issue was a volunteer and not an employee entitled to minimum and overtime wages.

June 20, 2014 | Blog

New York is set to end its requirement under the Wage Theft Prevention Act that employers annually distribute notices to employees detailing certain wage payment information. In just the short time it was in effect, this requirement proved an administrative headache for most employers.

June 16, 2014 | Blog

In a case of first impression, the First Circuit Court of Appeals recently held that an employer can be held liable under Title VII for quid pro quo sexual harassment based on the discriminatory actions of a non-supervisory employee where the employer knew or should have known of the employee's discriminatory actions.

June 10, 2014 | Blog

The issue of employee misclassification was once again on display, this time in Nance v. NYP Holdings, where a New York appellate court affirmed an earlier finding that the New York Post failed to classify one of its photojournalists properly.

June 9, 2014 | Blog

The Equal Employment Opportunity Commission – the agency responsible for enforcing most of the federal discrimination laws – is preparing to issue new guidance addressing an employer’s obligation to reasonably accommodate pregnant workers. Will the guidance offer a new interpretation of the law or just cement what we already know?

May 23, 2014 | Blog

Wait, are parties from both sides of the congressional aisle finally coming together to pass an employment-related law? It appears that way.

April 29, 2014 | Blog

Many employers are surprised to learn that the employment relationship does not automatically convert to “at-will” when an employee’s fixed employment term expires. Instead, when asking for clarification on this issue, employers are usually on the receiving end of their least favorite lawyerly answer: “It depends.”

April 1, 2014 | Blog | By Michael Arnold

The New York City Earned Sick Time Act goes into effect today. In other news, the New York City Department of Consumer Affairs has released proposed rules to “establish requirements to implement the [paid sick leave] Act and meet its goals, and provide guidance to covered employers and protected employees.” The proposed rules are available here.