Cozen O’Connor: Ho, John

John S. Ho

Chair, OSHA Practice

New York

(212) 883-4927

(212) 986-0604

Recent News:

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

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

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, ADA public accommodation cases, 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 internal safety and health audits and resolving and contesting OSHA citations including but not limited to fatality investigations 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 served as the co-editor of the American Bar Association Labor and Employment Law Section (Section) electronic newsletter from to 2015-2019 and currently serves the 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 serving as 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, 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.

 

Experience

News

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.

OSHA Now Using Drones to Inspect Employer Facilities

December 28, 2018

John Ho, a member of Cozen O'Connor's Labor & Employment department, was quoted in EHS Today, discussing the use of drones in OSHA inspections.

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."

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

August 22, 2018

One hundred twenty-six Cozen O’Connor lawyers from 20 of the firm’s national offices have been selected for inclusion in the 2018 edition of The Best Lawyers in America.

Department of Labor program draws ire of Pa. attorneys general

August 07, 2018

John Ho, a member of Cozen O'Connor's Labor & Employment department, was quoted in the Pittsburgh Post-Gazette discussing a new initiative being tested by the U.S. Department of Labor that allows employers to avoid extra penalties if they discover an accidental labor law violation and voluntarily disclose it.

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.

Publications

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.

OSHA’s Redesigned Whistleblower Protection Program Website [OSHA Chronicle Blog]

August 02, 2019

OSHA recently announced it redesigned the website for its Whistleblower Protection Program which is found at https://www.whistleblowers.gov/ The website now includes a video that highlights the industries the program covers and provides essential information about the rights and responsibilities...

Soft Tissue Massage Considered First-Aid for OSHA Recordkeeping Purposes [OSHA Chronicle Blog]

July 16, 2019

Most employers with more than 10 employees are required to keep a record of serious work-related injuries and illnesses. However, minor injuries requiring only “first aid” generally do not need to be recorded.  OSHA’s definition of “first aid” is a complete listing of all treatments considered first...

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.

Distracted Driving and OSHA [OSHA Chronicle Blog]

February 26, 2019

Although there is no specific standard generally covering distracted driving, OSHA has made clear that the general duty clause may apply. Indeed, OSHA has stated that more workers are killed each year in motor vehicle crashes than any other cause. However, despite this finding, many businesses do...

OSHA Narrows Electronic Recordkeeping Rule [Alert]

February 11, 2019

John Ho discusses the final rule rescinding the requirement for establishments with 250 or more employees to electronically file information from OSHA Forms 300 and 301.

Robots and OSHA [OSHA Chronicle Blog]

January 09, 2019

In Will Smith’s hit movie, I, Robot set in 2035 robots were allegedly governed by the Three Laws of Robotics which were originally created by Isaac Asimov. The first law states, “[a] robot may not injure a human being or, through inaction, allow a human being to come to harm.” This law is not...

It’s a Bird… It’s a Plane… It’s OSHA? [OSHA Chronicle Blog]

December 05, 2018

According to a recent report by Bloomberg Law, OSHA used camera-equipped drones for nine inspections so far in 2018. The Bloomberg report cites to OSHA guidance that indicates the drones were often used at worksites following an accident where it was too dangerous for CSHO’s to enter or be nearby...

Black Friday: Great Deals, Long Lines and OSHA’s General Duty Clause [OSHA Chronicle Blog]

November 15, 2018

Some may remember in 2008, OSHA issued a general duty citation against a national retail store when one of its employees was knocked to the ground and crushed by a crowd of about 2,000 shoppers surging into the store for a holiday sales event. Of course, OSHA does not need a fatality to issue a...

By the Numbers : Business as Usual for OSHA [OSHA Chronicle Blog]

November 12, 2018

According to initial data from OSHA, workplace inspections under the Trump administration in the fiscal year 2018 are about the same as in the final year of the Obama administration. OSHA has conducted 32,020 inspections in 2018, down approximately 1% from the fiscal year 2017....

What’s an “establishment” under OSHA? [OSHA Chronicle Blog]

September 12, 2018

On July 20, 2018, OSHA published a proposed rule to rescind the requirement for establishments with 250 or more employees to electronically submit information from the OSHA 300 Log and 301 form and added a requirement for covered establishments to include the Employer Identification Number with...

A New Roadmap to Avoid Hefty OSHA Fines for Repeat Violations [OSHA Chronicle Blog]

August 28, 2018

The Angelica Textile case had been kicking around OSHA for almost ten years before it was decided by the Occupational Safety and Health Review Commission on June 24th by a 2-1 vote with Commissioner James Sullivan,[1] the newest member of the Commission, casting the deciding vote.  The case provides...

A New Roadmap to Avoid Hefty OSHA Fines for Repeat Violations [Labor & Employment Alert]

August 28, 2018

Jeff Pasek and John Ho discuss how the decision in Angelica Textile may impact manufacturers, particularly those businesses with multiple locations.

July 1, 2018 Electronic Submission Deadline [OSHA Chronicle Blog]

June 27, 2018

As a reminder to establishments with 250 or more employees that are currently required to keep OSHA injury and illness records and establishments with 20-249 employees that are classified in specific industries with historically high rates of occupational injuries and illnesses that the deadline to...

Top 10 Things to Know About the Occupational Safety and Health Administration (“OSHA”) in the United States [OSHA Chronicle Blog]

May 31, 2018

This article was originally written for the Fasken law firm which is based in Canada.  However, it has some helpful reminders about OSHA that I thought worth sharing here. For Canadian businesses expanding into the United States whether by opening a new facility or a merger and acquisition, there...

Top 10 Things To Know About Health And Safety Legal Compliance In Canada [OSHA Chronicle Blog]

April 23, 2018

The OSHA Chronicle is pleased to publish the following guest article written by Norman A. Keith, J.D., LL.M. CRSP, a partner at Fasken Martineau DuMoulin LLP who specializes in Canadian workplace safety and health issues. For American businesses expanding into Canada, whether opening a new...

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...

OSHA’s Electronic Recordkeeping Rule Revisited [OSHA Chronicle Blog]

April 03, 2018

As previously mentioned in this blog, all covered employers under the new electronic recordkeeping regulation were required to electronically file their 2016 300A form by December 30, 2017. As of January 1, 2018, OSHA no longer accepted the 2016 data. During the filing period, OSHA indicated...

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 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.

Events & Seminars

Past Events

How to Calculate Wage-Related Damages

September 13, 2019 - New York, NY

Wage & Hour Litigation and Compliance 2019

February 12, 2019 - New York, NY

2018 Hot Labor and Employment Law Topics

October 23, 2018 - Fort Lauderdale, FL

Managing Risk and Creating Safe Workplaces

October 12, 2018 - Montreal, Quebec, Canada

ACEC New York Legal Counsel Forum

August 21, 2018 - New York, NY

Making a Living without Harassment

June 19, 2018 - Edison, NJ

2018 Labor and Employment Law Update

June 13, 2018 - Philadelphia, PA

Hot Issues in Labor and Employment Law

April 17, 2018 - Pittsburgh, PA

11th Annual Labor and Employment Law Conference

November 08, 2017 - Washington, D.C.

FLSA Math: How to Calculate Wage-Related Damages

October 24, 2017 - New York, NY

Labor and Employment Law Update

June 14, 2017 - Philadelphia, PA

National Center's 44th Annual Conference

March 26, 2017 - New York, NY

Preparing for DOL’s Final Overtime Rules

October 17, 2016 - Webinar

AABANY Fall Conference 2016: Speak Up

September 24, 2016 - 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, 2019-2020

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 and Employment Law Section, Electronic Newsletter Committee, Co-Editor, 2015-2019

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

Occupational Safety and Health Law, Fourth Edition, Chapter Editor, ABA, and Bloomberg Law

Connecticut Asian Pacific American Bar Association, Board Member

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