Recent Publication:
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.
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 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 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.
News
March 06, 2019
John Ho was quoted in Business Insurance about OSHA's use of the general duty clause.
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.
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.
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."
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.
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.
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.
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.
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.
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.
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 .
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.
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.
August 08, 2016
John Ho, a member of Cozen O'Connor's Labor & Employment department, discusses FLSA coverage on BNA.com.
Publications
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.
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...
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.
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...
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...
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...
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....
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...
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...
August 28, 2018
Jeff Pasek and John Ho discuss how the decision in Angelica Textile may impact manufacturers, particularly those businesses with multiple locations.
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...
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...
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...
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...
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...
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.
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.
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...
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...
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...
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.
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...
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.
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...
September 21, 2017
John Ho, a member of Cozen O'Connor's Labor & Employment Department, discusses drafting independent contractor agreements in Bloomberg Law.
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...
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...
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...
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
February 12, 2019 - New York, NY
November 09, 2018 - New York, NY
October 23, 2018 - Fort Lauderdale, FL
October 12, 2018 - Montreal, Quebec, Canada
September 13, 2018 - New York, NY
August 21, 2018 - New York, NY
June 19, 2018 - Edison, NJ
June 13, 2018 - Philadelphia, PA
June 05, 2018 - New York, NY
April 27, 2018 - Houston, TX
April 17, 2018 - Pittsburgh, PA
November 08, 2017 - Washington, D.C.
October 24, 2017 - New York, NY
August 15, 2017 - Webinar
June 14, 2017 - Philadelphia, PA
March 26, 2017 - New York, NY
March 23, 2017 - Fort Lauderdale, FL
February 22, 2017 - Mexico
January 26, 2017 - Webinar
January 24, 2017 - Webinar
November 09, 2016 - Chicago, IL
October 17, 2016 - Webinar
September 24, 2016 - New York, NY
September 07, 2016 - Audio Conference