Michael S. Arnold

Michael S. Arnold

Mintz Levin

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March Sadness: How Not to Drop the Ball When a RIF is on Your Schedule

No matter how long you’ve played the game, administering a Reduction-in-Force or RIF is never easy. In fact, it is often painful not only because they are difficult to administer, but because of the toll it takes on the...more

3/27/2017 - Age Discrimination Disclosure Requirements Employer Liability Issues Hiring & Firing Involuntary Reduction in Force OWBPA Severance Agreements Severance Pay

March Grabness: Lessons from the (Basketball) Court: Avoiding Personal Fouls, Violations and Time Outs in the Workplace

Harassment has long been an Achilles’ heel of the workplace. Believe it or not, like the NCAA’s tournament TV ratings, the number of harassment-related lawsuits has held rather steady since the 1990s! And like most NCAA...more

3/16/2017 - Cyber Crimes Employee Training Employer Liability Issues Harassment Human Resources Professionals Managers Risk Mitigation Sexual Harassment Sexual Orientation Discrimination Social Media Supervisors

Does March Madness = Workplace Madness? Some Thoughts on the Legality of NCAA Bracket Pools, the Tournament’s Effect on the...

This time of year usually marks the sports netherworld between the Super Bowl and the NCAA Men’s Division I Basketball Tournament, which is better known as March Madness. This lull provides employers with an excellent...more

3/14/2017 - Basketball Employer Liability Issues Employment Policies March Madness NCAA Sports Gambling

The Return of Mintz March Madness

It’s our favorite time of year over at Employment Matters – March Madness! Let’s quickly recap where we’ve been. In 2014 we provided a rundown on the issues employers should consider when dealing with March Madness in...more

3/13/2017 - Employer Liability Issues March Madness

New York Paid Family Leave Proposed Regulations Filed

The New York State Workers’ Compensation Board is out with proposed regulations providing guidance to employers, insurance carriers and employees regarding their rights and responsibilities under New York’s new Paid Family...more

2/28/2017 - Leave of Absence Paid Family Leave Law Parental Leave Proposed Regulation Sick Leave Workers Compensation Board

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

On February 16, 2017, the New York State Industrial Board of Appeals invalidated and revoked the NYS Department of Labor regulations governing payment of wages by direct deposit or payroll debit card. The regulations were...more

2/27/2017 - Amended Regulation Debit Cards Direct Deposit DOL Employer Liability Issues NYDOL Payroll Cards Wage and Hour

Fourth Circuit Offers New Test for Joint Employment under FLSA

The Fourth Circuit recently ruled that a general contractor was the joint employer of employees of its subcontractor for purposes of the Fair Labor Standards Act. Salinas v. Commercial Interiors, Inc. has broad implications...more

2/21/2017 - DOL Employer Liability Issues FLSA Independent Contractors Joint Employers Wage and Hour

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

On February 16, 2017, the New York State Industrial Board of Appeals invalidated and revoked the NYS Department of Labor regulations we wrote about previously (and updated here) governing payment of wages by direct deposit or...more

2/20/2017 - Amended Regulation Debit Cards Direct Deposit DOL Employer Liability Issues Industrial Board of Appeals Payroll Cards Wage and Hour

NYSDOL Releases Proposed Notice and Consent Forms for Direct Deposit and Payroll Debit Cards

In October, we wrote about the new NYSDOL regulations for employers who use direct deposit and/or payroll debit cards to pay their employees. The regulations take effect on March 7, 2017 – just about a month from now – and...more

2/2/2017 - Debit Cards Direct Deposit DOL Employer Liability Issues Payroll Cards Wage and Hour

The Saga Continues on the Fate of the DOL’s Overtime Rule

Just before Thanksgiving, a Texas federal court judge issued an injunction blocking the closely-watched new federal overtime rule from taking effect as scheduled on December 1, 2016. As expected, the DOL is not going quietly...more

1/6/2017 - DOL FLSA Minimum Salary Over-Time Preliminary Injunctions Wage and Hour White-Collar Exemptions

New York City Enacts Nation’s First Freelance Worker Protection Law

As 2016 came to a close, New York City became the first in the nation to enact a law establishing payment protections and remedies for freelance workers. On November 16, 2016, Mayor de Blasio signed into law the Freelance...more

1/6/2017 - Damages Freelance Workers Payment Protection Insurance Private Right of Action Remedies Retaliation Worker Protection Standard Written Agreements

Negligent Employers May Be Held Liable For a Non-Supervisory Employee’s Discriminatory Actions Under “Cat’s Paw” Theory Says...

The Second Circuit recently adopted the “Cat’s Paw” theory of liability in Title VII cases. This was hardly a surprise as other Circuit Courts had done the same after the United States Supreme Court endorsed Cat’s Paw in a...more

1/3/2017 - Cat's Paw Employer Liability Issues Employment Discrimination Retaliation Sexual Harassment Title VII

New York State Minimum Wage Rate and Exemption Salary Thresholds Set to Increase

Since a Texas federal judge blocked the U.S. Department of Labor’s overtime rule from taking effect in November, human resource managers, payroll professionals and employment attorneys (including over here at Employment...more

12/30/2016 - DOL Local Ordinance Minimum Salary Minimum Wage Over-Time Threshold Requirements Wage and Hour

With DOL’s OT Rule Blocked, Employers Are Left Asking “What’s Next?”

Employers across the country woke up this morning to news that a Texas District Court judge has blocked the DOL’s overtime rule from taking effect on December 1, 2016. This represents a stunning turn of events for employers....more

11/23/2016 - DOL FLSA Minimum Salary Over-Time Preliminary Injunctions Wage and Hour White-Collar Exemptions

Uncertainty Continues to Swirl Around DOL’s Overtime Rule as Employers Make Compliance Push

As all HR professionals and employment lawyers know (even those currently living under rocks), the Department of Labor’s final overtime rule is scheduled to go into effect on December 1, 2016 – less than two weeks from now. ...more

11/21/2016 - DOL Final Rules FLSA Minimum Salary Over-Time Wage and Hour

Where Are We With the Enforceability of Class Action Waivers in Arbitration Agreements?

With the 9th Circuit’s late summer anti-class action waiver decision, the circuit split widened over the issue of whether employers can require employees, through an arbitration agreement, to waive their rights to bring class...more

11/21/2016 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Corporate Counsel Enforceability Federal Arbitration Act FLSA NLRA NLRB Section 7

Employers Must Be Mindful of Voting Leave Rights on Election Day

With Election Day just a week away(!), it’s important that employers familiarize themselves with their employees’ rights to take leave to vote. While there is no Federal law granting employees the right to voting leave, at...more

11/2/2016 - Hillary Clinton Political Campaigns Political Candidates Presidential Elections Trump Administration Voting Leave Voting Rights Wage and Hour

California’s Fair Pay Act Now Covers Race, Ethnicity, and Prior Compensation History

California’s Fair Pay Act was already one of the broadest equal pay laws in the country. Governor Jerry Brown recently expanded it further by signing two laws that will go into effect on January 1, 2017. We summarize the...more

11/1/2016 - Equal Pay Fair Pay Act Governor Brown Salary History Wage and Hour Wage Equality Acts

FTC and DOJ Issue Antitrust Guidance for Human Resource Professionals

Last week the Federal Trade Commission and the Department of Justice jointly issued guidance to educate companies, and in particular human resource professionals, on how antitrust laws apply in the employment arena,...more

10/28/2016 - DOJ FTC Hiring & Firing Human Resources Professionals No-Hire/No-Solicitation Agreements Non-Solicitation Agreements Popular Wage and Hour Wage-Fixing

New Rules for New York Employers Who Use Payroll Debit Cards and Direct Deposit

As the workplace becomes increasingly digitized, both employers and employees can benefit from the conveniences technology provides. Chief among those is the convenience of electronic access to funds, which allows people to...more

10/13/2016 - ATMs Debit Cards DOL Electronic Payment Transactions Payroll Cards Wage and Hour Written Consent Written Notice

Another Employee-Friendly Law: New California Law Aims to Keep Employment-Related Disputes Centered in California

Beginning next year, employers may no longer force their California employees to resolve their employment-related disputes outside of California or use non-California law when doing so. With limited exceptions, the new law,...more

10/13/2016 - Employer Liability Issues Employment Contract Labor Code Labor Disputes New Legislation

New California Law Will Require Online Entertainment Database Sites to Remove Age-Based Information

California’s governor has signed into law a bill aimed at discouraging discriminatory age hiring practices in the entertainment industry. The law focuses on internet websites identifying ages, but critics question whether...more

10/3/2016 - Age Discrimination Employer Liability Issues Entertainment Industry First Amendment Hiring & Firing

Pokémon Go in the Workplace: Oh Look There’s a Pikachu!

Did you know that the world is now inhabited by creatures called Pokémon? (Or maybe they’ve always been there?) Some run across the plains; others fly through the skies; and some live in the mountains….and some, yes, some,...more

7/21/2016 - Data Security Distracted Driving Employee Engagement Employee Handbooks Games Innovation Technology Video Games Workplace Communication Workplace Safety

California Federal Court Reminds Employers That They Must Carefully Navigate Disability Accommodation Process

The obligation to accommodate a disabled employee is an ongoing one; a doctor’s note may not be a prerequisite to engage in the interactive process – those are two important lessons that employers should take away from a...more

7/20/2016 - Corporate Counsel Disability Discrimination FEHA Hiring & Firing Interactive Process Reasonable Accommodation Summary Judgment Wrongful Termination

Innocents Abroad: Employer Considerations When Sending Employees on International Assignments or Business Travel

Carrie: I’m writing to inform you that I am being transferred to our Rio de Janeiro office next month for a twelve month assignment. It’s a bit daunting, but I am confident that the help you have provided me in...more

7/14/2016 - Business Travel Employee Transfers Employer Liability Issues Human Resources Professionals International Labor Laws Traveling Employee

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