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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 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.

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.

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

New York Expands its Workers’ Compensation Law to Extend Workplace-Related PTSD Coverage to All Employees

January 22, 2025 | Blog | By Talia Weseley, Evan Piercey, Michael Arnold

The most recent amendment to New York’s Workers’ Compensation Law, which went into effect on January 1, 2025, permits any employee to seek workers’ compensation benefits when they experience a “mental injury premised upon extraordinary work-related stress incurred at work.”  

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New York employers are – once again – required to provide employees with notice regarding New York’s reproductive health decision making protections.  The U.S. Court of Appeals for the Second Circuit vacated a lower court’s permanent injunction of a New York law that requires employers to include a notice in their employee handbooks regarding the State’s prohibition of discrimination based on reproductive health choices. 

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New York Releases Paid Prenatal Leave Guidance Ahead of January Effective Date

December 9, 2024 | Blog | By Michael Arnold, Corbin Carter, Talia Weseley

A year after announcing its first-in-the-nation effort to increase access to pregnancy-related healthcare, New York’s “paid prenatal leave” law is officially set to take effect on January 1, 2025.  Employers will be required to begin offering New York employees 20 hours of paid leave during a 52-week period to attend to prenatal medical needs, which is in addition to existing sick/safe leave already required in New York.  The New York State Department of Labor recently released an FAQ document to assist employers in implementing this new leave.  We detail some of the most pertinent guidance below.

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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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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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News & Press

Press Release Thumbnail Mintz

Mintz has earned top rankings in the 2025 edition of Legal 500 United States and Canada guides. The firm is recognized in 20 practice categories, and 78 of its attorneys are individually ranked in the guide, with several receiving recognition in more than one category. Additionally, two attorneys are featured in the "Hall of Fame," seven attorneys are named "Leading Lawyers," and five attorneys are recognized as a "Next Generation Lawyers."

Press Release Thumbnail Mintz

Mintz has earned top rankings in the 2025 edition of Legal 500 United States and Canada guides. The firm is recognized in 20 practice categories, and 78 of its attorneys are individually ranked in the guide, with several receiving recognition in more than one category. Additionally, two attorneys are featured in the "Hall of Fame," seven attorneys are named "Leading Lawyers," and five attorneys are recognized as a "Next Generation Lawyers."

Press Release Thumbnail Mintz

Chambers USA has recognized 43 of Mintz’s practices and 88 of its attorneys in its 2025 guide to the country’s leading law firms. Of those featured in the guide, 17 attorneys and seven practice areas were awarded Chambers’ highest ranking, Band 1. The firm expanded its rankings this year with three new practice area listings and 17 attorneys recognized for the first time or in additional categories.

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Events & Speaking

Speaker
Jun
2
2026
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May
7
2026
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Apr
30
2026

2026 Employment Law Summit – New York

Mintz

Convene, New York, NY

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May
1
2025

Mintz's Annual Employment Law Summit 2025 - New York

Convene, 601 Lexington Ave, New York, NY 10022

Speaker
Speaker
Speaker
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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

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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.

Recognition & Awards

  • Chambers USA: New York – Labor & Employment, Band 5 (2023 – 2026)

  • Lawdragon: Labor & Employment, Counseling, Investigations (2026)

  • Legal 500 United States: Workplace and Employment Counseling (2022 – 2025)

  • Legal 500 United States: Employee Benefits and Retirement Plans (2023 – 2025)

  • New York Super Lawyers: Employment & Labor (2012 – 2025)

  • 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