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.

Read less

New York City Updates its Vaccine Executive Order Guidance

December 23, 2021 | Blog | By Michael Arnold, Evan Piercey

The updated guidance now states that NYC employers must comply with its vaccine order regardless of whether the OSHA vaccine order becomes effective. The guidance originally stated that “[c]overed entities or individuals who are subject to federal requirements that are not currently in effect because of a court order must comply with this order.” The guidance has now been updated to read: “Covered entities or individuals who are covered by the OSHA rule that allows either employee vaccination or testing must comply with this order – their workers must be vaccinated if they do not have a reasonable accommodation.” The City is taking this position even though the NYC Vaccine Executive Order itself states that it does not apply where a covered entity is already subject to another order, including an order of a “federal entity that is in effect and requires them to maintain or provide proof of full vaccination.”

December 23, 2021 | Blog | By Michael Arnold, Evan Piercey

As expected, the U.S. Supreme Court will rule on whether OSHA may proceed with its Vaccine Order for large employers. The Court will hold a special hearing on January 7, 2022. Briefings are due by December 30, 2021. The Court will also consider whether a separate vaccine order related to healthcare workers is enforceable.

December 16, 2021 | Blog | By Evan Piercey, Corbin Carter, Michael Arnold

New York City has released its anticipated vaccine order for private businesses alongside a workplace vaccine requirement webpage containing interpretative guidance and other helpful links. The new vaccine order generally requires employers to obtain proof of a worker’s vaccination before allowing them entry into the workplace. As we previously reported, Mayor Bill de Blasio described this mandate as a “preemptive strike” made in an effort to confront looming challenges posed by the Omicron variant and the holiday season. We summarize relevant portions from the order and interpretative guidance below, and note that NYC employers will need to take several affirmative actions to come into compliance in the next couple of weeks.

December 9, 2021 | Blog | By Danielle Dillon, Evan Piercey, Michael Arnold

Effective May 7, 2022, all New York employers will be required to provide notice to employees of any employer monitoring of work phones, emails, or Internet use.

December 7, 2021 | Blog | By Michael Arnold, Evan Piercey

Mayor Bill de Blasio has announced a COVID-19 vaccine mandate that will apply to all private employers in New York City. The Mayor announced the mandate as a “first in the nation measure,” and a “preemptive strike” in response to challenges posed by the new Omicron variant, colder weather, and holiday gatherings.

November 19, 2021 | Blog | By Evan Piercey, Michael Arnold

New York has greatly expanded its “whistleblower” law. The amendments to New York Labor Law §740 go into effect on January 26, 2022 and undoubtedly enhance employee protections and require New York employers to take certain steps to come into compliance. We discuss in greater detail below.

November 3, 2021 | Blog | By Evan Piercey, Corbin Carter, Michael Arnold

The New York State Department of Labor (NYSDOL) has published guidance regarding employee cannabis use.

October 28, 2021 | Blog | By Michael Arnold, Danielle Bereznay, Corbin Carter

The EEOC has updated its technical guidance and answers to add six religious accommodation-based questions and answers in a new Section L (Vaccinations – Title VII and Religious Objections to COVID-19 Vaccine Mandates). The updated guidance does not necessarily break new ground in this area; instead, it mostly reinforces several preexisting concepts, including (i) how employers should analyze the religious nature and sincerity of an employee’s belief; (ii) what might constitute “undue hardship”; and (iii) the need for employers to analyze each accommodation request on a case-by-case basis. We break down the updated guidance further below.

October 13, 2021 | Blog | By Michael Arnold

The Departments of Labor, Health and Human Services, and the Treasury (the “Departments”) recently issued a set of Frequently Asked Questions—FAQs About Affordable Act Implementation, Part 50, Health Insurance Portability and Accountability Act, and Coronavirus Aid, Relief, and Economic Security Act Implementation—confirming that employers may utilize group health plan coverage surcharges in compliance with the ACA and HIPAA, although Title VI, ADA, and GINA compliance-based questions remain

October 1, 2021 | Blog | By Michael Arnold, Corbin Carter

The Biden Administration, via its Safer Federal Workforce Task Force (the “Task Force”), has now provided the guidance with which federal contractor and subcontractors must comply in connection with their contracts and contract-like instruments with the Federal government.

Read less

Mintz Earns Broad Recognition in Legal 500 United States 2026 Guide

June 10, 2026|

Mintz Earns 85 Individual and 43 Practice Rankings in Chambers USA 2026

June 4, 2026|

The Power of Gratitude and Resilience with Mintz Partner

March 24, 2026|

Mintz Recognized Across North America in 2025 Legal 500 Rankings

June 12, 2025|

Mintz Recognized Across North America in 2025 Legal 500 Rankings

June 12, 2025|

Mintz Achieves 88 Individual and 43 Practice Rankings in Chambers USA 2025

June 5, 2025|

Twenty-seven Mintz Attorneys Recognized as 2024 New York Super Lawyers and Rising Stars

October 28, 2024|

The FTC’s Ban on Noncompetes Is No More. What Do Employers Do Now?

August 23, 2024|

Mintz Receives High Rankings in the 2024 Edition of Legal 500 United States

July 10, 2024|

Chambers USA Ranks 83 Individual Attorneys and 42 Mintz Practices

June 6, 2024|

New York Governor Voices Concerns About Proposed Noncompete Ban

December 5, 2023|

Twenty-nine Mintz Attorneys Named to 2023 New York Metro Super Lawyers List

September 22, 2023|

Employers Need To Go Further To Accommodate an Employee’s Religion

August 28, 2023|

Mintz Receives High Rankings In The 2023 Edition Of Legal 500 United States

June 09, 2023

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.