Michael S. Arnold

Michael S. Arnold

Mintz Levin

Contact  |  View Bio  |  RSS

Latest Publications


Internal Whistleblowing Protected Against Retaliation Under Dodd-Frank Says Second Circuit

While the Dodd-Frank Act provides various protections to whistleblowers, federal courts have inconsistently interpreted who precisely qualifies as a whistleblower. In a much-anticipated opinion, the Second Circuit Court of...more

9/29/2015 - Anti-Retaliation Provisions Dodd-Frank Internal Reporting Interpretive Rule Publicly-Traded Companies Retaliation Sarbanes-Oxley SEC Split of Authority Whistleblower Protection Policies Whistleblowers

The Second Circuit (Sort of) and the Fourth Circuit (Completely) Refuse to Apply “Manager Rule” to Title VII Retaliation Claims

The so-called “manager rule” addresses a concern that employers may face a “litigation minefield” if a manager whose very job duties required them to report discrimination complaints could later sue for retaliation if they...more

9/28/2015 - Anti-Retaliation Provisions Demotions Discrimination FLSA Hiring & Firing Internal Reporting Manager Rule Retaliation Title VII Wrongful Termination

New York Becomes First State Raise Minimum Wage to $15 . . . For Fast Food Workers

A panel appointed by New York Governor Andrew Cuomo recommended a minimum hourly wage increase to $15 for fast food service workers on Wednesday. The recommendation comes just three months after Governor Cuomo tasked the...more

7/23/2015 - Fast-Food Industry Governor Cuomo Labor Commissioners Low-Wage Workers Minimum Wage Proposed Legislation Wage and Hour Wage Orders

DOL Releases Guidance Indicating That Independent Contractor Classification is Restricted to a Narrow Class of Workers

The DOL is at it again. First it was the highly-anticipated release of the proposed overtime rules a few weeks ago, and now the Department’s Wage and Hour Division has issued an “Administrator’s Interpretation” – its first...more

7/17/2015 - Administrative Interpretation Classification DOL Economic Realities Test Employees FLSA FMLA Independent Contractors Misclassification MSAWPA Wage and Hour

Fifth Circuit Continues to Permit Wage Claim Waivers in Private Settlements, But Only Where a Bona Fide Dispute Exists

A Federal Appeals Court recently confirmed that under certain circumstances, parties may privately settle and release claims under the Fair Labor Standards Act. A generic release contained in a settlement agreement won’t do...more

7/8/2015 - FLSA Non-Compete Agreements Over-Time Settlement Settlement Agreements Wage and Hour

Unpaid Intern v. Employee Classification Analysis Must Look at Who is Primary Beneficiary of Relationship, Second Circuit Holds

The Second Circuit struck a blow today to individuals pursuing collective/class actions alleging that unpaid interns should be classified as employees. The Court announced an employer-friendly test that asks who benefits...more

7/3/2015 - Class Action DOL Employee Definition Entertainment Industry Fox Searchlight Pictures Minimum Wage Multi-Factor Test Unpaid Interns Wage and Hour

Department of Labor Releases Proposed FLSA Overtime Rules Changes; Final Rule Expected to Impact Millions

The Department of Labor has released its long-awaited notice of proposed rulemaking updating the Fair Labor Standards Act’s white collar overtime exemptions. The DOL released the proposed rule on Tuesday morning and will...more

7/1/2015 - Barack Obama DOL Exempt-Employees FLSA NPRM Wage and Hour White-Collar Exemptions

Supreme Court to Decide Two Cases Addressing Important Class and Collective Action Issues

The Supreme Court has agreed to hear two cases during its Fall 2015 term that could further transform the wage and hour class action landscape. We briefly discuss those two cases below. Gomez: The Effect of Rule 68...more

6/29/2015 - Campbell Ewald v Gomez Class Action Class Certification FLSA Genesis Healthcare Corp. v. Symczyk Offer of Judgment Rule 68 SCOTUS TCPA Tyson Foods Tyson Foods v Bouaphakeo Wage and Hour

Add Connecticut to Your List of States with a Social Media Privacy Policy Law Favoring Employees

Since 2012, many states have enacted laws that restrict an employer’s capacity to access employees’ personal email and social media accounts. Last month, Connecticut joined the party and became the 21st state to enact an...more

6/17/2015 - Email Passwords Privacy Laws Social Media

Ban the Box (Plus) Comes to New York City; Jurisdiction Latest to Prohibit Employers From Inquiring About Criminal History

Have you ever been convicted of a misdemeanor or felony that was not dismissed, expunged, or sealed? New York City employers, if you ask that question on your employment application or some version of that question, then...more

6/16/2015 - Ban the Box Criminal Background Checks Employment Application Fair Chance Act Hiring & Firing

Supreme Court Holds That Employers Do Not Need Actual Knowledge of an Applicant’s Need for a Religious Accommodation Before They...

The Supreme Court recently held that job applicants may hold their potential employer liable for intentional discrimination under Title VII if the applicant can show that his or her need for an accommodation was a motivating...more

6/15/2015 - Abercrombie & Fitch Actual or Constructive Knowledge Discrimination EEOC EEOC v Abercrombie Employer Liability Issues Hiring & Firing Interviews Reasonable Accommodation Religious Accommodation Religious Discrimination SCOTUS Title VII

NLRB Holds Firm on its View that Class/Collective Action Waivers in Arbitration Agreements Violate the NLRA

Despite overwhelming judicial disapproval, the NLRB simply will not relent in its view that mandatory arbitration agreements containing class/collective action waivers violate the National Labor Relations Act....more

5/11/2015 - Arbitration Agreements Class Action Arbitration Waivers NLRA NLRB Section 7

Quick Update on the Obama Administration’s Efforts to Update the FLSA White Collar Exemptions

As has been widely reported, President Obama has ordered the US Department of Labor to updated existing federal regulations on overtime in order to account for the changing nature of the workplace and to allow both workers...more

5/8/2015 - Barack Obama DOL FLSA OMB White-Collar Exemptions

New York City Aims to Strengthen its Enforcement of Human Rights Law; Paired Testing Employment Discrimination Investigations on...

Mayor de Blasio recently signed a series of bills that, among other things, require the New York City Human Rights Commission – the agency responsible for enforcing the New York City Human Rights Law – to conduct employment...more

4/30/2015 - Commission on Human Rights Discrimination Hiring & Firing

Second Circuit Synchs Up With its Sister Courts: Now Says Employees May Premise FLSA Retaliation Claim on Oral Complaints to...

This week, in Greathouse v. JHS Security, Inc., the Second Circuit Court of Appeals held that employees may pursue a Fair Labor Standards Act retaliation claim premised upon an oral complaint to their employer – a clear...more

4/24/2015 - Anti-Retaliation Provisions Appeals Employer Liability Issues FLSA Internal Reporting Protected Activity

California District Court Holds That LinkedIn’s “Reference Searches” Function Not a Consumer Report under the Fair Credit...

A Magistrate Judge in the Northern District of California recently handed down an important decision regarding the application of the Fair Credit Reporting Act to one of LinkedIn’s search products. The decision in Sweet v....more

4/22/2015 - Credit Reporting Agencies Employee References Employer Liability Issues FCRA Hiring & Firing LinkedIn Social Networks Young Lawyers

New York City Will Prohibit Most Employers From Basing Employment Decisions on an Applicant or Employee’s Consumer Credit History

The New York City Council passed the Stop Credit Discrimination in Employment Act last Thursday. It amends the New York City Human Rights Law to prohibit most employers from making employment decisions based on an employee...more

4/21/2015 - Amended Legislation Corporate Counsel Credit Reports Employer Liability Issues Hiring & Firing Job Applicants

Figuring Out Cheryl’s Birthday: Employment Law Edition

First it was the blue and gold dress. Now, the next viral internet sensation centers on the unlikeliest of events: Cheryl’s birthday. We thought we’d have some fun and pose it as an employment law question. See if you can...more

4/17/2015 - Filing Deadlines

New York Federal Court Applies New York City Human Rights Law’s Liability Provision to Employer’s Agent

The New York City Human Rights Law specifically says that an employer’s agent can be held liable for discrimination, but its liability provision doesn’t address the circumstances under which that agent may be held liable for...more

4/14/2015 - Discrimination DOT Employment Policies Human Rights Standing Third-Party Agents Third-Party Liability

Sixth Circuit Decision Refusing to Enforce Collective Action Waiver Included in Separation Agreement Remains Intact; Supreme Court...

This week, the Supreme Court disappointed many employers by declining to determine whether the Fair Labor Standards Act does or does not provide employees with a non-waivable substantive right to bring a collective action. ...more

4/10/2015 - Appeals Collective Action Waivers Collective Actions Employer Liability Issues FLSA SCOTUS Separation Agreement Termination

2015 Employment Law Issues Tournament: The Championship (and the First-Ever Rendition of One Shining Lawsuit)

Sixty-four employment law issues have become just two after an exciting Final Four. Last night, while Wisconsin and Duke played each other in the NCAA championship, the Wage and Hour Collective Actions and the Retaliation...more

4/8/2015 - Collective Action Waivers Collective Actions Employer Liability Issues Retaliation Wage and Hour

2015 Employment Law Issues Tournament: Final Four Results and Recap

“There’s a tradition in tournament play – not to talk about the next step until you’ve climbed the one in front of you. I’m sure writing a tournament championship blog entry is beyond your wildest dreams, so let’s just keep...more

4/3/2015 - Class Action Employer Liability Issues Non-Compete Agreements Retaliation Social Media Policy Wage and Hour

2015 Employment Law Issues Tournament: Elite Eight Results and Recaps

We’re still at it over here. We can’t stop. We have tons of clever basketball-employment law-related puns left in our arsenal and we expect to deploy them. This is what our readers want and this is what we’ll give our...more


2015 Employment Law Issues Tournament: Sweet Sixteen Results and Recaps

The Sweet Sixteen has come and gone and it was glorious. Streamed live over our new Apple Watches, 16 employment law issues battled it out for the right to move onto the Elite Eight, which will be held next week at Sixth...more

3/25/2015 - Discrimination FMLA Non-Compete Agreements Wage and Hour

104 Results
View per page
Page: of 5

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.