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John S. Ho

Chair, OSHA Practice

: New York
45 Broadway
16th Floor
New York, NY 10006
P: (212) 883-4927
TF: (800) 437-7040
F: (212) 509-9492

John S. Ho

John will be speaking at an upcoming event:
Defending Employment Lawsuits in the Trump and #MeToo Era
Houston, TX 04/27/2018
Join Cozen O’Connor attorneys as we discuss hot labor and employment legal issues that in-house counsel, management, and HR professionals are facing in 2018.
Event Details

John S. Ho exclusively represents employers on 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 tip pooling issues. John also routinely works with the Occupational Safety and Health Act, in addition to handling discrimination claims, drafting employee handbook policies and procedures and employment contracts, conducting workplace investigations, and arbitrations. John has defended a wide range of employers against hybrid class and collective actions under the FLSA and the New York Labor Law. He also frequently assists companies with internal wage and hour audits, as well as Department of Labor audits, including those generated by misclassification of independent contractors in New York State unemployment filings. John also has extensive experience with assisting businesses with OSHA audits and contesting citations as well as defending against claims of retaliation under OSHA and New York’s Workers’ Compensation Law.

As a former prosecutor with the U.S. Department of Labor, Office of the Solicitor, John 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 DOL, 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 chair of Cozen O'Connor’s OSHA 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 also writes extensively on labor and employment law. He is currently the co-editor of the American Bar Association Labor and Employment Law Section electronic newsletter. 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 frequently asked to comment on labor and employment issues and has been quoted extensively in the Long Island Business News, Newsday, the Daily Labor Report and the 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 2014.

John is also a former officer and current board member of the Connecticut Asian Pacific American Bar Association.

News

It's Easier Than Ever to Not Compensate Interns, But There's a Catch

February 02, 2018

John Ho, chair of Cozen O'Connor's Occupational Safety and Health Administration practice, discussed with the Greenwich Time about the recent updates of the unpaid internship guidelines from the U.S. Department of Labor.

Cozen O’Connor Serves as Lead Counsel in Acquisition and Financing of Ozone Park Manufacturing Facility

November 27, 2017

The national real estate practice at Cozen O’Connor represented Greenpoint Manufacturing and Design Center Local Development Corporation (GMDC) in the acquisition, development, and financing of an Ozone Park manufacturing facility in Queens, New York. The cost of the acquisition and development of the project is an estimated $40 million.

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.

Attorney Watch List: What's In the Forecast for Employment Law?

April 05, 2017

John Ho, a member of Cozen O'Connor's Labor & Employment department, discusses what's trending in employment law in Bloomberg BNA.

Wells Fargo Lawyer Cited Trump Role to Block Probe, DOL Says

January 09, 2017

John Ho, a member of Cozen O'Connor's Labor & Employment department, discusses the Wells Fargo attorney being appointed to the Trump administration in Bloomberg BNA .

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.

John Ho Links Enforcement Efforts to Proliferation of Misclassification Suits

September 06, 2016

John Ho, a member of Cozen O'Connor's Labor & Employment department, links enforcement efforts to proliferation of misclassification suits on BNA.

FLSA: Motel Staff Ineligible for Federal Wage Law Coverage

August 08, 2016

John Ho, a member of Cozen O'Connor's Labor & Employment department, discusses FLSA coverage on BNA.com.

The Value of the Non-Recordable Injury / Illness as a Safety Tool [OSHA Chronicle Blog]

April 19, 2018

Most employers are required to keep OSHA injury and illness records for each of its covered establishments. To meet these obligations, it is prudent for employers to have well-written policies that require employees to report all workplace injuries and illnesses and to foster a culture that...

Checklist: Satisfying the Minimum Salary Threshold and Salary Basis Test Under the White-Collar Exemption

April 02, 2018

John Ho, a member of Cozen O'Connor's Labor & Employment department, wrote an article for Bloomberg Law discussing the checklist to complete to be classified as an exempt executive, administrative professional, computer, or highly compensated employee.

DOL’s New Internship Test: The Rebirth of the Internship Program?

February 23, 2018

John Ho, a member of Cozen O'Connor's Labor & Employment department, wrote an article for New York Law Journal about the U.S. Department of Labor's internship program.

Workplace Violence Fatalities Up in 2016 [OSHA Chronicle Blog]

January 18, 2018

The Bureau of Labor Statistics recently published workplace fatality statistics for 2016 showing a 7-percent increase from 2015. Within this increase, workplace violence and other injuries by persons or animals increased 23 percent to become the second-most common fatal event in 2016. This...

Baby It's Cold Outside...So Remember OSHA's Cold Stress Guide [OSHA Chronicle Blog]

January 03, 2018

As much of the country is experiencing record low temperatures, it is a good reminder that failing to take appropriate measures to protect employees working in such environments and avoiding other hazards associated with the cold such as preventing slips on snow and ice could provide the basis for a...

Sexual Harassment and Workplace Safety and Health: An OSHA Issue? [OSHA Chronicle Blog]

December 19, 2017

It would not surprise most people to know that OSHA does not have a specific standard governing sexual harassment in the workplace. However, is there a link between sexual harassment and workplace safety and health issues? Yes. For example, sexual harassment could lead to increased stress for the...

OSHA and Workplace Violence

October 24, 2017

John Ho, a member of Cozen O'Connor's Labor & Employment department, wrote an article for Occupational Health & Safety Online on violence in the workplace.

OSHA’s 2017 Top Ten List [OSHA Chronicle Blog]

October 11, 2017

OSHA recently announced its top 10 most cited violations for fiscal year ending 2017. Although the order may change from year to year, it usually reflects the usual suspects of violations and this year’s list is no different. Because the top ten list is so consistent, it remains an excellent...

Checklist: Avoiding Independent Contractor Liability

October 02, 2017

John Ho, a member of Cozen O'Connor's Labor & Employment Department, discussed with Bloomberg Law whether a worker is an independent contractor or an employee is highly fact sensitive.

An Often Overlooked Tool in Workplace Safety Prevention: The Near-Miss Investigation [OSHA Chronicle Blog]

September 21, 2017

OSHA defines a “near miss” as an incident in which no property was damaged and no personal injury was sustained, but where, given a slight shift in time or position, damage or injury easily could have occurred. Put simply, someone got lucky. Because there was no damage, these near miss incidents...

Bloomberg Law Checklist: Drafting Independent Contractor Agreements

September 21, 2017

John Ho, a member of Cozen O'Connor's Labor & Employment Department, discusses drafting independent contractor agreements in Bloomberg Law.

The Importance of Reporting Workplace Injuries [OSHA Chronicle Blog]

September 08, 2017

There are some OSHA lessons to be learned and things to think about from the recent Third Department case in Silvestri v. New York City Transit Authority, 2017 N.Y Slip Op 06123 (August 10, 2017). In Silvestri, the Third Department affirmed a decision by the Workers’ Compensation Board that the...

OSHA to Hold Second Public Meeting to Discuss Voluntary Protection Programs [OSHA Chronicle Blog]

August 16, 2017

As generally expected under a Republican administration, OSHA appears more focused on compliance and a collaborative working relationship with businesses. As part of this strategy, OSHA recently announced it will hold its second public meeting on August 28, 2017 to solicit suggestions for...

James Sullivan Confirmed by Senate [OSHA Chronicle Blog]

August 04, 2017

Cozen O’Connor member James Sullivan was confirmed by the full Senate yesterday to fill the last vacancy on the Occupational Safety and Health Review Commission (“OSHRC”). OSHRC, an independent federal agency providing administrative trial and appellate review, was created to decide contests of...

OSHA’S Electronic Recordkeeping Web Portal to be Available on August 1, 2017 [OSHA Chronicle Blog]

July 17, 2017

As part of OSHA’s new electronic recordkeeping rule previously discussed in prior blogs, certain employers will be required to electronically submit required injury and illness data from their 2016 Form 300A. OSHA believes that from a human behavior and motivation perspective, making such...

OSHA Proposes Delay of the Electronic Recordkeeping Rule [OSHA Chronicle Blog]

June 27, 2017

As expected, OSHA proposed today to extend the compliance deadline from July 1, 2017 to December 1, 2017 for submission of electronic records under its new recordkeeping rule. This is not surprising as OSHA has yet to make the portal available to the public. Public comments on the proposed...

OSHA and Ergonomics: The Past, Present and Future

June 22, 2017

John Ho, a member of Cozen O'Connor's Labor & Employment department, discusses OSHA and ergonomics in EHS Today.

When the Summer Wind Comes Blowing In: Remember OSHA’s Heat Stress Guidance [OSHA Chronicle Blog]

June 20, 2017

Yesterday, American Airlines announced it cancelled approximately 45 regional flights due to intense summer heat in the Phoenix area and there were record highs recorded in the region. The intense heat waves serves as a good reminder that OSHA has guidance on addressing heat stress and employers may...

OSHA and Ergonomics: The Past, Present, and Future [OSHA Chronicle Blog]

June 14, 2017

Ergonomics is the study of work. From an OSHA perspective, it is the process of designing the job to fit the employee, rather than forcing the employee’s body to fit the job. This process may include modifying tasks, the work environment, and equipment to meet the specific needs of an employee to...

OSHA and Workplace Violence [OSHA Chronicle Blog]

June 06, 2017

The workplace violence tragedy in Florida yesterday where a lone gunman killed five people and then himself at an Orlando awning factor is a sad reminder that workplace violence remains a serious issue for businesses. OSHA estimates that approximately 2 million American workers are victims of...

Electronic Submission of Records Delayed [OSHA Chronicle Blog]

May 23, 2017

Not surprisingly and as anticipated in our last blog, OSHA’s website was recently revised to note that OSHA is not currently accepting electronic submission of injury and illness logs and that it will extend the July 1, 2017 deadline by which certain employers are required to electronically submit...

One DOL Drug Testing Rule Officially Gone – Is OSHA Next? [OSHA Chronicle Blog]

May 15, 2017

On May 10, the Department of Labor officially nullified a rule passed during the Obama administration that limited states’ ability to require mandatory drug testing for individuals applying for unemployment benefits. As we covered in an earlier blog, OSHA’s new electronic recordkeeping rule...

OSHA Compliance - It’s Not Just About OSHA [OSHA Chronicle Blog]

May 05, 2017

Most businesses, particularly outside of construction or manufacturing, have probably not been the subject of an OSHA audit or may not have had much involvement with OSHA issues. This is due in large part to the small size of the agency. According to OSHA, with its state partners, there are...

OSHA Rescinds Fairfax Memo [OSHA Chronicle Blog]

May 02, 2017

In 2013, OSHA issued what is commonly referred to as the “Fairfax” memo, a standard interpretation letter that, among other things, permitted non-employee, union representatives to participate in the walk-through portion of an OSHA audit. Last year, the National Federation of Independent Business...

Silica Rule in Construction Delayed 90 Days [OSHA Chronicle Blog]

April 18, 2017

On April 6, OSHA announced it has delayed implementation of its new rule for 90 days which, among other things, cuts in half the maximum allowable level of silica dust exposure in the construction industry. The new compliance deadline is now September 23, 2017. OSHA stated that the delay will...

“Volks” Rule. Going, going… [OSHA Chronicle Blog]

March 30, 2017

In the final days of the Obama Administration, OSHA finalized a rule that sought to restore what the agency called a “longstanding position” that employers must record and keep records of worker injuries or illness for a full five years or they could be cited. The D.C. Circuit in a case involving...

Navigating the Uncertainty Surrounding Joint Employment Liability and Defeating Joint Employment Allegations Early in Litigation	New York, NY	06/05/2018
Defending Employment Lawsuits in the Trump and #MeToo Era	Houston, TX	04/27/2018
Hot Issues in Labor and Employment Law	Pittsburgh, PA	04/17/2018
11th Annual Labor and Employment Law Conference	Washington, D.C.	11/08/2017
FLSA Math: How to Calculate Wage-Related Damages	New York, NY	10/24/2017
Understanding Prevailing Wage Requirements and Maximizing Fringe Benefits Under Public Contracts	Webinar	08/15/2017
Labor and Employment Law Update	Philadelphia, PA	06/14/2017
Struggles with Employment Law – The Multi-Edged Sword of Compliance Issues for Nonprofits	Webinar	05/25/2017
National Center's 44th Annual Conference	New York, NY	03/26/2017
Hot Labor and Employment Law Topics Under the New Administration	Fort Lauderdale, FL	03/23/2017
2017 Midwinter Meeting of the Federal Labor Standards Legislation Committee	Mexico	02/22/2017
The Business of Fashion - People and Politics: Employment Best Practices Update	Webinar	01/26/2017
The Ins and Outs of Conducting an Internal Wage and Hour Audit	Webinar	01/24/2017
ABA's 10th Annual Labor and Employment Law Conference	Chicago, IL	11/09/2016
Preparing for DOL’s Final Overtime Rules	Webinar	10/17/2016
AABANY Fall Conference 2016: Speak Up	New York, NY	09/24/2016
Managing FLSA New Rule Compliance Issues: Strategic Checklist	Audio Conference	09/07/2016

Practice Areas

Employment Litigation

Labor & Employment

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

Bar Admissions

Court Admissions

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