Michael S. Arnold

Michael S. Arnold

Mintz Levin

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Latest Publications


Will Peyton Manning Have a Storybook Ending or Will SuperCam Prevail? Tuah the Orangutan picks the Panthers while the...

We are back with our annual Super Bowl prediction post. As noted in prior years, people are increasingly making their predictions based on two indicators: unemployment rates and the whims of Utah zoo animals. They each have...more

2/5/2016 - Absenteeism Sports Gambling Super Bowl Unemployment

Pick-Off Strategy Via a Rule 68 Offer of Judgment Suffers Stinging Defeat in the Supreme Court; But Can an Actual Payment to the...

An unaccepted Rule 68 Offer of Judgment for complete relief does not moot a plaintiff’s individual and class action claims said the Supreme Court on Wednesday. The decision in Campbell-Ewald Co. v. Gomez is welcome news for...more

1/23/2016 - Campbell Ewald v Gomez Class Action Class Representatives FLSA Injunctions Mootness Offer of Judgment Rule 68 SCOTUS Settlement Offer TCPA

New York City Establishes Office of Labor Standards; Will Enforce Paid Sick Leave Law (NYC Finale Part 3)

New York City has established an Office of Labor Standards that will enforce the City’s paid sick leave and transit benefits laws, and create and promote programs on worker education, safety and protection. The Council...more

1/6/2016 - Labor Standards Enforcement Paid Sick Leave Act Sick Leave Sick Pay

New York City Bans Caregiver Status Discrimination; Employers Must Think Carefully About its Impact (NYC Finale Part 2)

New York City is finishing off a strong year on the employment law front. Earlier this year, the City Council passed laws that banned the box and all but eliminated credit checks. It also passed a law requiring employers to...more

12/31/2015 - Caregivers Employment Discrimination Human Rights Act

New York City Commission on Human Rights Releases Enforcement Guidance on Gender Identity and Expression Discrimination (NYC...

New York City is finishing off a strong year on the employment law front. Earlier this year, the City Council passed laws that banned the box and all but eliminated credit checks. It also passed a law requiring employers to...more

12/30/2015 - Anti-Harassment Policies Anti-Retaliation Provisions Dress Codes Gender Discrimination Gender Identity New Guidance NYCCHR Transgender

Uber Class Action Update: Court Finds Arbitration Agreement Unenforceable and Broadens Class of Drivers

The Uber saga continues in O’Connor v. Uber Technologies, Inc. – a closely watched case that will impact the future of the gig economy. Last time we visited this case, the 9th Circuit Court of Appeals had declined to review...more

12/24/2015 - Arbitration Agreements Class Action Class Certification PAGA Uber

Top 10 Largest Shareholders of a Non-Publicly Traded Foreign Corporation May be Held Liable for Unpaid Wages for Services...

New York has amended its Business Corporation Law (BCL) to make the top ten largest shareholders of a non-publicly traded foreign corporation liable for unpaid wages. The change will go into effect in the middle of next...more

12/10/2015 - Amended Legislation Foreign Corporations Governor Cuomo Unpaid Wages Wage and Hour

UPDATE: OMB Says DOL May Publish Final White Collar Exemptions Overtime Rules in July 2016

July 2016. That’s when the final rule on the white collar overtime exemptions is expected to be published by the DOL – this according to the OMB’s Fall 2015 Unified Agenda and Regulatory Plan released last Thursday. Just...more

11/24/2015 - DOL Employer Liability Issues Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

Ninth Circuit Won’t Review Uber Driver Class Certification Decision

The sharing or gig economy has introduced a new management paradigm for companies, more flexible schedules for workers, and a greater level of convenience and accountability to consumers. While there are many supporters of...more

11/24/2015 - Class Certification Independent Contractors Misclassification Popular Sharing Economy Uber

Breaking News: DOL Indicates That New White Collar Exemption Overtime Rule May Not Go Into Effect Until Late 2016

The Department of Labor’s proposed overhaul of the white-collar exemption overtime regulations, which could expand overtime eligibility to an estimated 4.6 million workers, may not go into effect on the breakneck timeline...more

11/13/2015 - DOL Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

NLRB Discusses Joint Employment for the First Time Since Browning-Ferris

The National Labor Relations Board, in one of its first applications of the Browning-Ferris decision, gave hope to non-union contracting entities engaged in franchising and subcontracting relationships. After an extensive...more

11/4/2015 - Browning-Ferris Industries of California Inc. Collective Bargaining Discipline Employee Transfers Employer Liability Issues Franchises General Contractors Hiring & Firing Joint Employers NLRB Staffing Agencies Subcontractors Supervision Terms and Conditions Unfair Labor Practices Wage and Hour

New York Wage Deduction Amendments Renewed for Another Three Years

In case you were wondering, and we that know you were, Governor Cuomo recently signed a bill that extends the 2012 amendments made to NY’s Wage Deduction Law until November 2018. Without the extension, the amendments would...more

11/2/2015 - Amended Legislation Extensions Governor Cuomo Interpretive Rule New Legislation Wage and Hour Wage Deductions

Mach Mining Continuing to Make its Mark: Second Circuit Holds that Review of EEOC Pre-suit Investigation Extremely Limited

An appeals court just made it harder for employers to challenge lawsuits against them by the Equal Employment Opportunity Commission on the basis that the EEOC failed to properly investigate the alleged wrongdoing before...more

10/26/2015 - Appeals Discrimination Duty to Investigate EEOC Judicial Review Mach Mining v EEOC Pre-Suit Investigation SCOTUS

A WARNing to Directors and Officers — Failure to give proper WARN Act notice may breach your fiduciary duty

At first glance, Stanziale v. MILK072011, looks like someone suing over a bad expiration date and conjures up images of Ron Burgundy proclaiming “milk was a bad choice.” But in actuality Stanziale is much more interesting: it...more

10/12/2015 - Board of Directors Breach of Duty Chapter 7 Commercial Bankruptcy Corporate Counsel Corporate Officers Directors Duty of Loyalty Employee Benefits Employee Rights Fiduciary Duty Good Faith Layoffs Lost Wages Personal Liability Wage and Hour WARN Act

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

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