John S. Ho

Co-Chair, OSHA-Workplace Safety Practice

Recent News:

OSHA Moves Closer to Letting Union Members Onsite During Inspections

John Ho was quoted in a SHRM article discussing OSHA’s proposed walkaround rule that allows union members on employer premises during an agency inspection

John exclusively represents employers in all labor and employment matters and regularly handles wage and hour matters involving federal and state laws, such as the Fair Labor Standards Act, the New York Labor Law, New York’s Miscellaneous Industries Wage Order, and New York’s Hospitality Wage Order, which includes numerous cases involving New York’s Wage Theft Prevention Act, tip credits and pooling, deduction from wages, and regular rate issues. John also routinely works with the Occupational Safety and Health Act, in addition to handling Title VII discrimination and retaliation claims, ADA public accommodation and website accommodation cases, drafting employee handbook policies and executive employment contracts, non-competes, and conducting workplace harassment and discrimination investigations. John has defended a wide range of employers against hybrid class and collective actions under the FLSA and the New York Labor Law with exemption misclassification and off-the-clock claims. He also frequently assists companies with internal wage and hour audits, as well as Department of Labor audits, including those generated by the misclassification of independent contractors. John also has extensive experience with assisting businesses with internal safety and health audits, responding to OSHA and state-sponsored OSHA complaints of workplace safety and health and retaliation, hazard alert letters, and resolving and contesting OSHA citations, including but not limited to fatality investigations as well as defending against claims of retaliation under various OSHA statutes and New York’s Workers’ Compensation Law. John also routinely appears before the EEOC, the New York State Division of Human Rights, the New York City Commission on Human Rights, and the Connecticut Commission on Human Rights and Opportunities. In addition, John regularly assists businesses with audits New York State Unemployment Insurance audits.

As a former trial attorney with the U.S. Department of Labor, Office of the Solicitor, John prosecuted numerous FLSA and OSHA cases and was part of a litigation team that recovered approximately $4 million under the FLSA on behalf of New York State Environmental Conservation Officers. While at the Department of Labor, he also received a commendation from OSHA’s regional administrator for his prosecution of a discrimination complaint under the Surface Transportation Assistance Act. 

John serves as the co-chair of Cozen O'Connor's OSHA-Workplace Safety Practice and is also the author of its safety and health blog, the OSHA Chronicle

John is a founding member of the Wage and Hour Defense Institute, and he frequently lectures on FLSA, OSHA, and Labor Department audits. He has also taught business and employment law at the Pratt Institute and the New School.

John writes extensively on labor and employment law. He served as the co-editor of the American Bar Association Labor and Employment Law Section (Section) electronic newsletter from 2015-2019 and is the former vice-chair of the Member Engagement Committee of the section. He was a contributing editor to The Fair Labor Standards Act, 2002-2005, Cumulative Supplement, published by BNA Books, and has served on its editorial board since 2006. John is also a chapter editor for the Occupational Safety and Health Law, Fourth Edition published by the ABA and Bloomberg Law.

John is frequently asked to comment on labor and employment issues and has been quoted extensively in the Long Island Business News, Bloomberg Law, the San Francisco Chronicle, SHRM, CNBC, MSNBC, Forbes, Newsday, the Daily Labor Report, and Employment 360 and has been published in the New York Journal and USA Today (the magazine), among other publications. John has been named a New York Metro Super Lawyer since 2013 and Best Lawyers in America since 2019. John has also appeared on CNBC’s Squawk Box and been interviewed by several news stations, including PIX11 and NPR’s Marketplace Morning Report. 

John is also a frequent panelist and contributor on OSHA and Wage and Hour issues before the American Bar Association, New York State Bar Association, New York City Bar Association, Practicing Law Institute, LawLine, and EHS Today.

John is active in promoting diversity, equity, and inclusion in the legal profession. He served on the board of the Connecticut Asian American Bar Association for over a decade and is currently the management vice-chair of the ABA, Labor and Employment Section, Diversity and Inclusion in the Legal Profession Committee. He is also serving as the employer co-chair for the ABA’s 17th Annual Labor and Employment Law Conference, Diversity, Equity & Inclusion track and will continue to co-chair that track in 2024. John is the co-chair of the firm's Asian Attorney Resource Group and a member of the firm’s Diversity Committee.  

Experience

News

OSHA Moves Closer to Letting Union Members Onsite During Inspections

February 14, 2024

John Ho was quoted in a SHRM article discussing OSHA’s proposed walkaround rule that allows union members on employer premises during an agency inspection

EHS On Tap E191: OSHA’s New Injury Reporting Rule

January 30, 2024

John Ho was a guest on the EHS On Tap podcast titled “EHS On Tap E191: OSHA’s New Injury Reporting Rule.”

Overdose Cure at Work May Bring Liability Risks

December 08, 2023

John Ho was quoted in a Business Insurance article discussing the risks and legal implications for employers to store and provide naloxone.

Child Labor is a Growing Problem

September 23, 2023

John Ho spoke with SHRM about employers protecting younger workers and ways to help avoid legal issues when employing young people.

Super Lawyers Recognizes 27 Cozen O’Connor Attorneys in New York

September 22, 2023

Thirteen attorneys were recognized as Super Lawyers and 14 were named “Rising Stars.”

Best Lawyers Honors More Than 200 Cozen O'Connor Attorneys to its Best Lawyers in America 2024 Edition

August 17, 2023

Best Lawyers selected 232 Cozen O’Connor lawyers from 24 of the firm’s U.S. offices for inclusion in the 2024 edition of The Best Lawyers in America.

SLC 2023 Preview: Don’t Just Settle for Easy

August 16, 2023

John Ho spoke with EHS Today about what businesses should consider when paying an OSHA citation compared to going through litigation.

OSHA's Jurisdiction Over Transportation

August 15, 2023

John Ho spoke with EHS Today about OSHA's jurisdiction over transportation matters.

How HR can tailor workplace policies to address heat waves

August 08, 2023

John Ho spoke with HR Brew about how employers can handle working conditions during a heat wave.

Wildfire season has spread beyond California — how to keep employees safe

August 01, 2023

John Ho was quoted in Employee Benefits News discussing the action employers can take when their area is facing wildfires.

Facing the Heat: Wildfires Spark Urgent Air Quality Concerns for Employers and Risk Managers

July 24, 2023

John Ho was quoted in Risk & Insurance discussing the challenges the Canadian wildfires present to employers.

East Coast Workers Toiling in Smoke Have Few Legal Protections

June 08, 2023

John Ho spoke with Bloomberg Law about what the U.S. Occupational Safety and Health Administration could do for outdoor workers on the east coast impacted by the wildfire smoke from Canada.

John Ho Named Avetta Fellow

May 19, 2023

John Ho, co-chair of Cozen O'Connor’s OSHA-Workplace Safety Practice, has been named an Avetta fellow.

AAPI Heritage Month: Q&A with Don Liu

May 16, 2023

Cozen O'Connor L&E lawyer, John Ho, spoke with general counsel for Target, Don Liu, for AAPI Heritage Month. Read the full Q&A.

EHS On Tap E155: What You Need to Know About OSHA’s New Guidance on Penalties

April 25, 2023

John Ho joined the EHS On Tap Podcast to discuss OSHA's new guidance on penalties.

OSHA is increasing safety enforcement efforts in 2023

March 29, 2023

John Ho was quoted in Benefit News discussing how the Occupational Safety and Health Administration (OSHA) is ramping up its safety efforts in 2023.

OSHA fines to increase as multiplier goes into effect

February 22, 2023

John Ho was quoted in Business Insurance discussing the latest in safety violation fines by the Occupational Safety and Health Administration.

OSHA Plans to Allow Union Walkthroughs of Nonunion Worksites

February 22, 2023

John Ho was quoted in SHRM discussing a proposed rule from OSHA that would allow a union representative to accompany an OSHA inspector during a walkaround at a nonunion worksite.

OSHA Expands Enforcement Against Serious Safety Violators

January 31, 2023

John Ho was quoted in SHRM discussing OSHA's new enforcement guidance and how it applies instance-by-instance citations for serious violations of the Occupational Safety and Health Act (OSH Act).

John Ho to Serve as Track Co-Chair of Diversity, Equity, and Inclusion for the 17th Annual ABA Labor and Employment Law Conference in 2023

December 05, 2022

John Ho, co-chair of Cozen O'Connor’s OSHA-Workplace Safety Practice, will serve as the management track co-chair for the Diversity, Equity, and Inclusion Track program for the 17th ABA Annual Section of Labor and Employment Law Conference in Seattle from November 8-11, 2023.

John Ho Named to Advisory Board of Thomson Reuters Practical Law’s Labor & Employment Service

November 30, 2022

John Ho, co-chair of Cozen O'Connor’s OSHA-Workplace Safety Practice, will join the Advisory Board of Thomson Reuters Practical Law’s Labor & Employment Service for a two-year term beginning on January 1, 2023.

Biden’s Wage and Hour Division Shies Away From Opinion Letters

November 21, 2022

John Ho was quoted in Bloomberg Law discussing opinion letters from the DOL in regard to how gig workers are classified under wage laws.

21 Cozen O’Connor Attorneys Recognized as New York Super Lawyers and Rising Stars

October 03, 2022

Super Lawyers has named 21 Cozen O'Connor attorneys to its 2022 New York Metro Super Lawyers and Rising Stars lists.

OSHA Expands Who May Wind Up on Its ‘Severe Violator’ List

September 26, 2022

John Ho was quoted in SHRM discussing how OSHA recently announced that they are expanding the criteria for placement in its Severe Violator Enforcement Program (SVEP) list and the increased penalties that may come with it.

Cozen O’Connor Attorney John Ho Appointed Vice-Chair of ABA Labor and Employment Law Section Committee

September 14, 2022

New York attorney John Ho, co-chair of Cozen O’Connor’s OSHA-Workplace Safety Practice, was appointed Management Vice-Chair of the Diversity, Equity & Inclusion (DEI) in the Legal Profession Committee of the American Bar Association Labor and Employment Law Section.

SLC 2022 Preview: What to do When OSHA Comes Knocking

September 12, 2022

John Ho spoke with EHS Today discussing how to prepare for an OSHA visit as well as how to respond to and even contest citations.

Preventable falls frustrate safety officials

September 01, 2022

John Ho was quoted in Business Insurance discussing how falls from heights are the number one cause of death of workers, but the hazard remains the most-cited workplace safety violation year after year despite being relatively easy to prevent.

OSHA Fines Dollar General $1.3 Million over Safety Issues

August 22, 2022

John Ho spoke with SHRM about how the Occupational Safety and Health Administration (OSHA) has fined Dollar General approximately $1.3 million over workplace safety issues at three stores in Georgia.

More Than 200 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch

August 22, 2022

210 Cozen O’Connor lawyers from 24 of the firm’s nationwide offices for inclusion in the 2023 edition of The Best Lawyers in America.

OSHA Penalties Can Run the Gamut from Nothing to Millions

July 18, 2022

John Ho was quoted in SHRM discussing OSHA penalties for violations of the Occupational Safety and Health Act (OSH Act).

Labor Upheaval May Spell Peril For Unpaid Internships

June 27, 2022

John Ho was quoted in Law360 discussing the challenges employers face when creating unpaid internships.

OSHA heat hazards program raises enforcement issues

April 20, 2022

John Ho was quoted in Business Insurance discussing heat-related workplace inspections to protect workers from injuries or fatalities.

As Mask Mandates Lift, What Happens to Employers’ Liability Exposures?

April 01, 2022

John Ho was quoted in Risk & Insurance discussing COVID-19 workplace safety strategies.

OSHA plans to step up safety missions beyond COVID

February 23, 2022

John Ho spoke with Newsday discussing that companies shouldn't drop their guard on COVID-19.

The Supreme Court Ruling Affects the Public and Private Workforce

February 08, 2022

John Ho joined the GovExec Daily podcast to discuss the Supreme Court's decision to block President Biden’s federal vaccine mandate that would enforce a vaccine-or-test requirement for employees at private businesses with 100 or more employees.

Vaccine Mandate Likely Defeated Following Supreme Court Stay

January 20, 2022

John Ho was quoted in Transport Topics discussing the OSHA COVID-19 vaccine mandate.

Employers are on their own after court guts Biden vaccine-or-testing mandate

January 15, 2022

John Ho was quoted in the Philadelphia Inquirer discussing the latest on COVID-19 vaccine mandates.

Crunch time for workplace vaccine mandates: U.S. Supreme Court to weigh in

January 04, 2022

John Ho spoke with the Philadelphia Inquirer about OSHA's COVID-19 vaccine mandate in the workplace.

Supreme Court arguments set for this week as local companies seek clarity on vaccine mandates

December 27, 2021

John Ho spoke with Yahoo! news about how employers can handle the vaccination status of employees.

‘I Was Wrong’: Omicron Wrecks CEOs’ Plans for Office Return

December 16, 2021

John Ho was quoted in Bloomberg Quint about how employers are navigating returning to the office with the omicron variant rising.

New York City Attempts to Implement Vaccine Mandate

December 09, 2021

John Ho spoke with World at Work about New York City's vaccine mandate for private employers that operate in the city.

Omicron extends uncertainty about return to office

December 03, 2021

John Ho spoke with Search HR Software about the latest in COVID-19 vaccination requirements.

More than half of employers to require COVID vaccines as omicron fears grow

December 01, 2021

John Ho spoke with CNBC about employers handling the COVID-19 vaccine mandate at work.

3 Tips For Employers Worries About The Omicron Variant

November 30, 2021

John Ho was quoted in Law360 discussing best practices for employers handling the omicron variant of COVID-19.

Biden vaccine mandate is on maintain. Here’s why employers should still comply

November 10, 2021

John Ho spoke with USA News Lab about how employers are handling the Biden administration's new vaccine rule.

Court blocks enforcement of vaccine mandate

November 07, 2021

John Ho was quoted in the San Francisco Chronicle discussing a federal appeals court temporarily freezing a Biden administration mandate for the COVID-19 vaccine.

U.S. mandates COVID vaccines or tests for companies with 100+ employees by Jan. 4

November 04, 2021

John Ho spoke with PIX11 about the OSHA COVID-19 vaccine mandate.

Remote Workers Are Exempt from OSHA Requirement to Be Vaccinated or Test for COVID-19

November 04, 2021

John Ho spoke with SHRM about the latest on the OSHA ETS COVID-19 vaccine mandate.

OSHA Looks to California, Other States on Proposed Heat Standard

November 01, 2021

John Ho was quoted in SHRM discussing California's standards on preventing heat illness and deaths that will be reviewed by OSHA.

Super Lawyers Recognizes 17 Cozen O’Connor Attorneys in New York

October 04, 2021

Super Lawyers has named 17 Cozen O’Connor attorneys to its 2021 New York Super Lawyers and Rising Stars list.

How employers can mandate coronavirus vaccines, according to expert

August 24, 2021

John Ho joined CNBC's Squawk Box to discuss whether employers can mandate coronavirus vaccines.

Workers fired for refusing vaccination unlikely to qualify for unemployment

August 24, 2021

John Ho spoke with NPR's Marketplace Morning Report to discuss the FDA approval of the Pfizer COVID-19 vaccine has given workplace mandates a stronger foundation.

More Than 205 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch By The Best Lawyers In America

August 19, 2021

Best Lawyers selected 210 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2022 edition of The Best Lawyers in America.

Mandating vaccines amid a worker shortage could spell trouble for corporate America

August 06, 2021

John Ho was quoted in Yahoo! News discussing companies mandating the COVID-19 vaccine at work.

Pandemic and Heat Create Workplace Risks

August 02, 2021

John Ho was quoted in SHRM discussing how employers can prepare their employees for the uncomfortable conditions they may face with the summer heat while wearing a mask due to the pandemic.

John Ho on KOGO-AM

June 03, 2021

John Ho joined KOGO-AM in San Diego to discuss what the June 15 re-opening of California means for being at work.

These Are Your Rights If You Don't Feel Safe At Work Without A Mask

May 17, 2021

John Ho was quoted in the Huffington Post discussing wearing a mask at work.

Most employers plan to incentivize workers to get the vaccine — but some will require it

May 05, 2021

John Ho spoke with Yahoo! News about employers forcing employees to receive the COVID-19 vaccine.

Where Are OSHA’s COVID Standards?

April 13, 2021

John Ho was quoted in EHS Today discussing why Secretary Walsh has chosen to hold back on publishing the ETS.

OSHA sharpens focus of COVID-19 safety efforts

April 01, 2021

John Ho was quoted in Business Insurance discussing OSHA's National Emphasis Program to focus its enforcement efforts on industries with the largest number of workers at serious risk of contracting the coronavirus.

Many Firms Aren’t Paying OSHA Fines Levied for COVID-19 Safety Violations: Reuters

February 18, 2021

John Ho was quoted in Insurance Journal discussing the penalties that companies face with COVID-19 outbreaks in the workplace.

Employer perks for COVID-19 vaccinated workers could draw legal challenges

February 16, 2021

John Ho was quoted in Yahoo! Finance discussing how employers may incentivize employees in receiving the COVID-19 vaccine.

OSHA Virus Emergency Rule Looms as Potent Weapon for Litigation

February 12, 2021

David Barron and John Ho were quoted in Bloomberg Law discussing COVID-19 OSHA citations.

When Will You Be Able to Get Vaccinated at Work?

February 10, 2021

John Ho spoke with CNBC about how the Occupational Safety and Health Administration recently issued guidance that paves the way for how companies will be able to make a COVID vaccine available at no cost to all eligible employees.

Here's How Biden's Presidency May Already Have An Effect On Your Job

January 27, 2021

John Ho was quoted in the Huffington Post discussing President Biden's executive order that called for OSHA to review and update its COVID-19 workplace safety recommendations.

What employees need to know about forthcoming pandemic guidelines

January 27, 2021

John Ho spoke with This morning with Gordon Deal to explain what employers and employees should know about new COVID-19 safety rules from the Biden administration.

‘No Evidence’ of Virus Litigation Wave as Businesses Seek Shield

January 04, 2021

John Ho was quoted in Bloomberg Law discussing the volume of lawsuits filed since the onset of the COVID-19 pandemic that allege workplace safety violations.

Seasonal Hiring in Pandemic Raises Staffing Firms’ Risks

December 18, 2020

John Ho was quoted in Bloomberg Law discussing how staffing companies that hire holiday help for shipping, shopping, and health care have a big new concern this season — how to keep these temporary workers safe during a pandemic.

Understand workplace COVID-19 contact tracing issues, methods

November 23, 2020

John Ho spoke with Search HR Software about how COVID-19 contact tracing for offices, businesses, restaurants, and other workplaces is a challenge for employers.

Do you feel unsafe going to work because of COVID-19? Here are your options

October 20, 2020

John Ho spoke with Market Watch about how employees can file a confidential complaint and request an inspection of their workplace if they believe their employer isn’t abiding by OSHA standards or there’s a serious workplace hazard.

OSHA’s COVID-19 Reporting Obligations Clarified

October 15, 2020

John Ho was quoted in HR Magazine about employers reporting about employees that have COVID-19 related hospitalizations.

Don’t follow the White House’s example when dealing with a coronavirus outbreak at work, experts say

October 08, 2020

John Ho spoke with CNBC about the coronavirus outbreak in the White House.

Super Lawyers Recognizes 21 Cozen O’Connor Attorneys in New York

September 29, 2020

Super Lawyers has named 21 Cozen O’Connor attorneys to its 2020 New York Super Lawyers and Rising Stars list.

Experts Urge Workers To Discuss Holiday Travel Plans, Possible Mandatory Quarantines With Employers

September 24, 2020

John Ho spoke with CBS New York about whether employers can restrict employees from traveling during the holidays.

Safety as Organizations Bring Staff Back to the Office

September 08, 2020

John Ho joined the GovExec Daily podcast to discuss how employers can keep their staff members safe as they come back to the workplace and to keep an organization's COVID-19 risk level low.

200 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch By The Best Lawyers In America

August 20, 2020

Best Lawyers selected 200 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2021 edition of The Best Lawyers in America© (Copyright 2020 by Woodward/White, Inc., of Aiken, SC).

Lessons for Response Plans

March 21, 2020

John Ho was quoted in CU Today discussing companies creating a response plan during the COVID-19 pandemic.

Creating a Business Response Plan to COVID-19

March 12, 2020

John Ho was quoted in New Jersey Business discussing the best practices to use in creating a business response plan during a pandemic.

The Coronavirus Outbreak is Exactly Why Companies Need Pandemic Policies

March 02, 2020

John Ho was quoted in Money discussing the response plans businesses should have in place during a pandemic.

17 Cozen O’Connor Attorneys Recognized as New York Super Lawyers and Rising Stars

September 27, 2019

Super Lawyers has named 17 Cozen O'Connor attorneys to its 2019 New York Super Lawyers and Rising Stars list.

138 Cozen O’Connor Attorneys Named to the Best Lawyers in America

August 28, 2019

Best Lawyers selected 138 Cozen O’Connor lawyers from 21 of the firm’s national offices for inclusion in the 2020 edition of The Best Lawyers in America.

OSHA use of general duty clause in citations troubles commissioners

March 06, 2019

John Ho was quoted in Business Insurance about OSHA's use of the general duty clause.

Cozen O'Connor Names John Ho as Leadership Council on Legal Diversity Fellow

March 05, 2019

Cozen O'Connor has chosen John Ho, chair of the firm’s OSHA Practice, to be a member of the 2019 class of fellows, participating in a landmark program created by the Leadership Council on Legal Diversity (LCLD) to identify, train, and advance the next generation of leaders in the legal profession.

18 Cozen O'Connor Attorneys Named New York Metro Super Lawyers and Rising Stars

September 21, 2018

Super Lawyers has named 17 Cozen O'Connor attorneys to its 2018 New York Super Lawyers and Rising Stars list. Twelve were recognized as Super Lawyers and five were named "Rising Stars."

12 Cozen O’Connor Attorneys Named 2017 New York Metro Super Lawyers and Rising Stars

October 19, 2017

Super Lawyers has named 12 attorneys at Cozen O’Connor to its 2017 lists of top practitioners in the New York metro area. Six were recognized as Super Lawyers and six were named “Rising Stars,” a list that recognizes attorneys under the age of 40.

19 Cozen O'Connor Attorneys Recognized as New York Super Lawyers and Rising Stars

October 05, 2016

The 2016 New York Metro edition of Super Lawyers Magazine, published by Thomson Reuters, has named 21 Cozen O’Connor attorneys to its list of Super Lawyers and Rising Stars.

Publications

OSHA Updates Process Safety Management Enforcement Manual [OSHA Chronicle Blog]

February 01, 2024

On January 26, 2024, OSHA published a revised enforcement manual for Process Safety Management of Highly Hazardous Chemicals (“Manual”). The Manual reflect OSHA’s first revisions to its prior directive issued in 1994 which is specifically identified as cancelled and superseded by the Manual....

OSHA Increases Maximum Civil Money Penalties to Start the New Year [OSHA Chronicle Blog]

January 17, 2024

Pursuant to the Federal Civil Penalties Inflation Adjustment Act, OSHA increases the maximum penalties for serious and other-than-serious violations from $15,625 per violation to $16,131 per violation. In addition, the maximum penalty for willful or repeat violations increased from $156,259 per...

OSHA’s Cold Stress Guidance [OSHA Chronicle Blog]

December 21, 2023

As we head into the New Year, it is a good time for businesses to review OSHA’s cold stress guidance (link below). OSHA reminds employers that monitoring the wind chill temperature and workers’ physical condition while performing tasks will help them assess cold stress exposure and assist them in...

Westray Bill Gaining Traction Across Canada [OSHA Chronicle Blog]

November 07, 2023

Guest Author: Norm Keith, B.A.(Econ), J.D., LL.M. Mr. Keith is a leading management-side employment and labor lawyer, the author of 12 books, 8 of which deal with OHS, and is a senior partner at the law firm of KPMG Law LLP, and may be reached at: nkieth@kpmg.ca. The enduring legal legacy of...

OSHA’s Top 10 Violations for 2023 [OSHA Chronicle Blog]

October 31, 2023

OSHA recently shared preliminary data for its Top 10 list in fiscal year 2023 which ended September 30, 2023. They are listed below in order of most frequently cited:...

Are cyberattacks an OSHA Issue? [OSHA Chronicle Blog]

September 29, 2023

As technology evolves, unfortunately, so do ways to hack that technology. The recent cyberattacks in several casinos in Las Vegas are just one recent example of the growing concern about cyberattacks on businesses and the tremendous consequences and liability that may result from such attacks....

Are Random Acts of Violence Recordable OSHA Injuries? [OSHA Chronicle Blog]

September 06, 2023

According to a recent OSHA standard interpretation letter, probably yes. In the May 17, 2023 letter, an employee drove the company vehicle on a public roadway between service calls. As the employee approached a car accident, the driver who caused the accident entered the company’s vehicle, shot the...

OSHA Issues Final Electronic Recordkeeping Rule [OSHA Chronicle Blog]

July 19, 2023

On July 17, 2023, OSHA released its final rule expanding its electronic recordkeeping and reporting requirements. As expected, the rule largely mimics OSHA’s 2022 proposal and takes effect January 1, 2024. The rule requires establishments with 100 or more employees in certain high-hazard...

Information About OSHA’s Free Safety and Health Consultation Service [OSHA Chronicle Blog]

June 23, 2023

Creating a strong safety culture in a business has many components. It requires the commitment and participation of the executive management team and all supervisory and non-supervisory employees throughout the organization. A critical part of accomplishing this requires conducting internal and/or...

The Interplay Between Ted Lasso and OSHA [OSHA Chronicle Blog]

April 12, 2023

WARNING: Spoiler alert! STOP reading now if you do not want to read spoilers which are used as examples to illustrate points in the blog article. As viewers know, Ted Lasso is a feel good show about an American college football coach who is hired to coach AFC Richmond, an English soccer team....

A Brief Refresher on OSHA’s Emergency Action Plan Standard [OSHA Chronicle Blog]

April 10, 2023

Sadly, tragic workplace violence incidents continue to plague the country. Although it is unlikely that OSHA, in the foreseeable future, will engage in rulemaking for a general industry workplace violence rule, it has already taken affirmative steps to move forward on rulemaking for a workplace...

Fifth Circuit to Review OSHA’s Unpreventable Employee Misconduct Defense [OSHA Chronicle Blog]

March 28, 2023

Unpreventable employee misconduct is an affirmative defense commonly asserted to OSHA citations. To generally prevail on this defense, an employer must show that it 1) established work rules designed to prevent the violative conditions from occurring; 2) adequately communicated those rules to its...

Get Ready For More OSHA Inspections, Citations, and Greater Penalties [OSHA Chronicle Blog]

February 07, 2023

As we head into 2023, employers can expect to see more aggressive OSHA enforcement. BNA reported that the number of OSHA inspectors grew 19% in the fiscal year 2022. This was not surprising given the significant increase to OSHA’s FY 2021 budget, which earmarked funds to hire new OSHA inspectors....

A Reminder of the March 2nd Deadline to Electronically Submit OSHA 300A and OSHA Penalty Increase Update [OSHA Chronicle Blog]

January 18, 2023

As a reminder to covered establishments, they must electronically submit their Form 300A on or before March 2, 2023, which can be done here. Covered establishments generally include 250 or more employees or 20-249 employees in certain high-risk industries identified by OSHA. OSHA has publicly...

What’s New in Workplace Safety, Pay Equity, and Job Classification [Bloomberg Law]

January 03, 2023

John Ho and Janice Sued Agresti highlight what employers can expect in the year ahead from OSHA and the Department of Labor on workplace safety, pay equity, and employee classification.

Give Your Employees the Gift of Safety This Holiday Season: A Q&A With Safety Expert Curtis Chambers [OSHA Chronicle Blog]

December 09, 2022

As we head into the holiday gift giving season, it is a great time for businesses to think about employee safety and health and how they can strengthen their safety culture. Providing adequate supervisory and employee safety training is one of the most effective ways to ensure that employers are...

Can an employer prevent a Section 11(c) whistleblower from getting double damages in a settlement agreement and release of a related claim? Maybe. [OSHA Chronicle Blog]

November 17, 2022

In a recent decision in the Eastern District of New York, Walsh v. Community Health Center of Richmond, Inc., et al., 21-CV-3094 (ARR)(TAM), the court held that OSHA has the right to pursue individual damages for a Complainant under Section 11(c) even though a prior federal action brought by...

National Institute for Occupational Safety and Health Issues Guidebook on Protecting Temporary Workers [OSHA Chronicle Blog]

July 22, 2022

The use of “leased” employees continues to skyrocket. Between 1992 and 2017, it is estimated that the number of people working for employee leasing firms increased 682%, from 341,884 to 2.7 million. There are a variety of reasons companies use leased employees. However, host businesses should be...

Strategic Considerations When Producing Documents During An OSHA Inspection [OSHA Chronicle Blog]

July 07, 2022

During an OSHA inspection, the compliance officer will most likely request certain documents such as the manufacturer’s manual, safety and health policies, internal or external safety and health audits, videotapes, minutes from safety meetings, trade association data, employee complaints, etc....

Is a General Contractor Liable for Safety Violations of its Subcontractors under OSHA? [OSHA Chronicle Blog]

June 17, 2022

The short answer is the proverbial attorney response, “it depends.” Under OSHA’s multi-employer citation policy, an employer may be held responsible for the violations of other employers where it could reasonably be expected to prevent or detect and abate the violations due to its supervisory...

Release of New Proposed Rules: Electronic Submittal of Workplace Injuries and Illnesses to OSHA [Alert]

March 30, 2022

Jim Sullivan, John Ho, and Anne Greene discuss OSHA's new proposed rules regarding electronic recordkeeping requirements.

Is There Personal Liability For OSHA Penalties? [OSHA Chronicle Blog]

March 28, 2022

Normally, OSHA citations are issued only against the corporations which employ workers, not the individuals who own or control them. Thus, corporate entities are generally liable for penalties under the Occupational Safety and Health Act (“Act”) as opposed to supervisors, officers, or directors....

Supreme Court Allows CMS Vaccine Directive To Go Forward [Alert]

January 19, 2022

Anne Greene, John Ho, and Jim Sullivan discuss the Supreme Court decision to allow the CMS vaccine directive to go forward.

Sixth Circuit Court of Appeals Lifts OSHA’s ETS Stay: What Now? [Alert]

December 21, 2021

John Ho and Jim Sullivan discuss the Sixth Circuit lifting the Fifth Circuit's stay of OSHA’s general duty COVID Emergency Testing Standard.

NYC Implements Wide-Ranging Pandemic Restrictions, Including Private Sector Vaccine Mandate [Alert}

December 09, 2021

John Ho, Janice Agresti, and Jim Sullivan discuss Mayor de Blasio's expansion to the “Key to New York City” program.

Florida Law Prohibits Vaccination Mandate Without Five Specific Individual Exemptions [Alert]

November 23, 2021

John Ho and Jim Sullivan discuss Florida Governor DeSantis’s recent legislation banning employers from mandating COVID-19 vaccinations unless several exemptions are offered to employees.

California Employers Can Let Cal/OSHA Know Federal OSHA COVID-19 ETS Potential Workplace Impacts [Alert]

November 15, 2021

Ed Langhammer, John Ho, and Jim Sullivan discuss Cal/OSHA agenda item “Proposed Emergency Safety Orders for Adoption,” and how California employers can weigh in on how these regulations will impact them.

Court Affirms Stay of OSHA Vaccinate-or-Test Emergency Temporary Standard [Alert]

November 15, 2021

John Ho and Jim Sullivan discuss the Fifth Circuit's stay of OSHA's ETS and what happens next.

NYS DOL Publishes Model Airborne Infectious Disease Exposure Prevention Plan Under HERO [Alert]

July 14, 2021

John Ho discusses the Department of Labor for the state of New York"s model Airborne Infectious Disease Exposure Prevention Plan under the New York Health and Essential Rights Act and what employers should do now to comply.

Need an Infectious Disease Prevention Plan? In New York, You Soon Will under the HERO Act [Alert]

May 14, 2021

John Ho, Jim Sullivan, and Anne Greene discuss New York's HERO Act and what employers should do now to comply.

OSHA Adds a New Consideration for Employers Related to Adverse Reactions to Vaccines [Alert]

April 26, 2021

John Ho and James Sullivan discuss OSHA's guidance for employers considering requiring employees to get vaccinated.

What You Need To Know About OSHA’S Updated COVID-19 Guidance

February 02, 2021

John Ho discusses OSHA's revised COVID-19 guidance for employers following an executive order issued by President Biden

OSHA Does an Abrupt Turn In Issuing New Guidance on Recording COVID-19 [Alert]

May 21, 2020

Austin Dieter and John Ho discuss OSHA's most recent guidance on when employers need to record COVID-19 illnesses.

Duty to Report Employees Who Test Positive for COVID-19

April 08, 2020

John Ho and Peter Ennis describe whether employers should report, under federal or state law, an employee who has tested positive.

New York State grants COVID-19 Immunity to Health Care Industry

April 06, 2020

David Loh and John Ho discuss New York's new state budget and the Emergency or Disaster Treatment Protection Act, which protects health care professionals from liability that may result from the treatment of individuals with COVID-19.

Model Coronavirus Response Plan

March 16, 2020

David Barron and John Ho designed a response plan for employers facing coronavirus, along with questions for employees.

Highlights of OSHA changes to 29 CFR 1926.55 – gases, vapours, fumes, dusts and mists [Chemical Watch]

August 08, 2019

John Ho examines updates to employee exposure limits.

Can OSHA Issue Citations for General-Duty Violations? [SHRM]

April 26, 2019

John Ho wrote about how the Occupational Safety and Health Administration (OSHA) may need to give employers more-specific guidance for keeping their workplaces free from hazards that may cause death or serious physical harm, according to commissioners in two recent administrative rulings.

Events & Seminars

Past Events

2024 AGC Construction Safety & Health Conference

January 10, 2024 - Newport Beach, CA

Settling OSHA Citations: It's Not Just About OSHA

September 19, 2023 - Orlando, FL

Fireside Chat with William Tong

May 30, 2023 - Webinar

Hourly, Minimum, & Overtime Wage Rates

October 20, 2020 - Webinar

The Impact of COVID 19 on the Workplace

October 16, 2020 - Webinar

How to Calculate Wage-Related Damages

September 13, 2019 - New York, NY

Education

  • St. John's University School of Law, J.D., cum laude, 1997
  • University of Connecticut, B.A., 1992

Awards & Honors

Honoree of the Year 2017, APALSA 

Best Lawyers in America, 2019-Present

New York Metro Super Lawyers, 2013-Present

Leadership Council on Legal Diversity 2019 Fellow

American Bar Association, Labor and Employment Section, Leadership Development Program, 2014

 

  • New York
  • Connecticut
  • U.S. District Court -- Eastern District of New York
  • U.S. District Court -- Northern District of New York
  • U.S. District Court -- Southern District of New York
  • U.S. District Court -- Western District of New York

American Bar Association Labor & Employment Section, Diversity and Inclusion in the Legal Profession Committee, Management Vice-Chair, 2022-2023

American Bar Association 17th and 18th Annual Section of Labor and Employment Law Conference, Employer Track Co-Chair for Diversity, Equity and Inclusion, 2023 and 2024

American Bar Association Labor and Employment Section, Management Engagement Committee, Vice-Chair, 2019-2021

American Bar Association Labor and Employment Law Section, Electronic Newsletter Committee, Co-Editor, 2015-2019

Asian American Bar Association of New York, Labor and Employment Committee, Co-Chair, 2020-2021

Avetta Fellow, 2023

Connecticut Asian Pacific American Bar Association, Board Member, 2009-2020

Empire Justice Center, Board Member, 2021, Co-Chair Governance Committee, 2021-2023

Occupational Safety and Health Law, Third & Fourth Editions, Chapter Editor, ABA, and Bloomberg Law

The Fair Labor Standards Act Supplement, Chapter Editor, 2006-Present, ABA and Bloomberg Law

Thomson Reuters Practical Law’s Labor & Employment Service, Advisory Board, 2023-2025