John S. Ho

Co-Chair, OSHA-Workplace Safety Practice

New York

(212) 883-4927

(212) 509-9492

Recent Publication:

Canadian Union Challenges to Mandatory Proof of COVID-19 Vaccination Policies [OSHA Chronicle Blog]

Today we have insights from Norm Keith [1], a management-side employment and labor lawyer for KPMG. The COVID-19 pandemic continues with over 5.1 million deaths worldwide and over 29,000 in Canada. [2] Tens of thousands of workers have contracted the deadly virus at work and filed workers’...

John 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 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 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

Canadian Union Challenges to Mandatory Proof of COVID-19 Vaccination Policies [OSHA Chronicle Blog]

December 01, 2021

Today we have insights from Norm Keith [1], a management-side employment and labor lawyer for KPMG. The COVID-19 pandemic continues with over 5.1 million deaths worldwide and over 29,000 in Canada. [2] Tens of thousands of workers have contracted the deadly virus at work and filed workers’...

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.

5th Circuit Continues Stay of OSHA ETS – What Do Employers Do Now? [OSHA Chronicle Blog]

November 15, 2021

As we reported a day after the November 5, 2021, effective date of OSHA’s ETS, the Fifth Circuit issued a temporary stay of the ETS pending further proceedings. On November 12, 2021, a three-judge panel of the Fifth Circuit continued the stay in a 22-page decision that contained numerous quotes and...

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.

OSHA Publishes General Industry Emergency Temporary Standard [OSHA Chronicle Blog]

November 05, 2021

OSHA’s long-awaited general industry COVID-19 emergency temporary standard (“ETS”) was officially published today and became effective immediately for employers in those states without “state OSHA” plans. However, employers covered by federal OSHA still have until December 5, 2021, to comply with...

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.

OSHA Publishes Its Advance Notice of Proposed Rulemaking for Heat Stress [OSHA Chronicle Blog]

October 28, 2021

On October 27, 2021, OSHA published an Advance Notice of Proposed Rulemaking (“ANPRM”) to initiate a comment period to gather diverse perspectives and expertise on heat stress issues such as heat stress thresholds, heat acclimatization planning, and exposure monitoring. OSHA has been talking about...

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.

More than 100 Employees? Mandatory Vaccinations or Weekly Testing Soon To Be Required Under OSHA’s Forthcoming Emergency Temporary Standard [OSHA Chronicle Blog]

September 10, 2021

On September 9, 2021, the Department of Labor announced plans to issue an emergency temporary standard (“ETS”) requiring employers with more than 100 employees to ensure that every employee is fully vaccinated against COVID-19 or tests negative every week. Although neither the White House nor the...

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.

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.

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.

NYS DOL Publishes Model Airborne Infectious Disease Exposure Prevention Plan under HERO [OSHA Chronicle Blog]

July 07, 2021

On July 6, 2021, NYS DOL published its Airborne Infectious Disease Exposure Prevention Plan under the New York Health and Essential Rights Act (“HERO”), signed into law on May 5, 2021, Governor Cuomo. In addition to the general model plan, several industry-specific templates were also published,...

OSHA Issues Enforcement Guidance for Electronic Recordkeeping Rule and Promises Aggressive Enforcement [OSHA Chronicle Blog]

June 03, 2021

As discussed in a previous blog, covered employers were required to electronically submit 300A data for the calendar year 2020 between January 2, 2021, through March 2, 2021. In a recent standard interpretation dated May 6, 2021, OSHA issued enforcement guidance stating employers who could not do...

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.

To Mask or Unmask; that is the Question [OSHA Chronicle Blog]

May 19, 2021

Every business in the United States has been asking itself these past few days whether to drop any requirements it may have for visitors or employees to wear face masks since the CDC changed its COVID-19 guidance related to masks and physical distancing for individuals who are fully vaccinated on...

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.

An Infectious Disease Prevention Plan and Workplace Safety Committee: Two New Significant Requirements Under New York’s HERO Act [OSHA Chronicle Blog]

May 10, 2021

On May 5, 2021, Governor Cuomo of New York signed the New York Health and Essential Rights Act (the “Act”) into law which amends the New York Labor Law. The Act creates occupational safety and health standards in the private sector for all airborne infectious diseases, including but not limited to...

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.

OSHA’s COVID-19 ETS Expected Soon – Too Little, Too Late? [OSHA Chronicle Blog]

April 28, 2021

On April 26, OSHA sent its COVID-19 emergency temporary standard (ETS) to the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) for review. OIRA is the regulatory “gatekeeper” that is required, under various executive orders, to review proposed rules from...

Adverse Vaccine Reaction: An OSHA Recordable Event or Not? [OSHA Chronicle Blog]

April 23, 2021

As more businesses reopen without restrictions and increased availability of vaccine supplies, many employers contemplate a mandatory vaccine policy. The decision turns on individualized facts to each organization, such as the employer's size, the industry, the nature of the employee's duties, and...

Employers are being Cited by OSHA for Failing to Comply with the Respiratory Protection Standard and Not just Healthcare Industry Employers [HR Headaches Blog]

April 15, 2021

Both federal and state OSHA regulators have been regularly citing employers for failure to comply with their respective respiratory protection standards in connection with COVID-19 inspections and these citations have not been restricted to the healthcare industry. OSHA's Respiratory Protection...

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 Clarifies No Need for “Double” Reporting of Related Injuries/Illnesses [OSHA Chronicle Blog]

April 06, 2021

Under OSHA’s Recording and Reporting Occupational Injuries and Illnesses regulation, employers are required to affirmatively notify OSHA when an employee suffers a work-related hospitalization, amputation, or loss of an eye or an employee fatality. A fatality must be reported within eight hours and...

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.

Former Chair of OSHRC Rejoins Cozen O’Connor [OSHA Chronicle Blog]

March 25, 2021

James Sullivan, the former Chair of the Occupational Safety and Health Review Commission (“OSHRC”) has rejoined Cozen O’Connor as Co-Chair of the firm’s OSHA-Workplace Safety Practice Group....

Odds Increase On OSHA Issuing COVID-19 Emergency Temporary Standards [OSHA Chronicle Blog]

March 03, 2021

Shortly after President Biden took office, he signed an Executive Order directing OSHA to, among other things, determine whether emergency temporary standards (ETS) on COVID-19 are necessary; and if so, to issue them by March 15, 2021. Former Secretary of Labor Eugene Scalia repeatedly stated an...

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.

OSHA’s Return to Public Shaming [OSHA Chronicle Blog]

February 16, 2021

Prior to the Trump administration, OSHA commonly engaged in the practice of “public shaming.” In other words, if an OSHA investigation found a relatively serious safety violation, it would issue a press release identifying the business, exposing their failings, and detailing the hazards discovered...

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.

OSHA Issues Revised COVID-19 Guidance: What it Means and What’s Next [OSHA Chronicle Blog]

February 01, 2021

Almost immediately after taking office, President Biden issued an Executive Order requiring OSHA to publish revised COVID-19 guidance for employers, among other things. This past Friday, OSHA published such revised guidance which can be found here....

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.

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.

OSHA: Recordkeeping Reminder, Higher Penalties and 2021 Predictions [OSHA Chronicle Blog]

January 14, 2021

Happy New Year! A New Year means increased maximum penalties for OSHA citations. As of January 16, 2021, the maximum penalties for serious, other-than-serious and posting requirements is now $13,653 per violation; $13,653 per day for failure to abate; and $136,532 for willful or repeat...

‘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.

Be Wary of OSHA “Approved” PPE [OSHA Chronicle Blog]

December 09, 2020

OSHA’s long-standing position is that it does not approve or endorse particular products. Moreover, the determination of compliance with OSHA’s standards cannot be based on an evaluation of the equipment or devices alone. Rather, this determination must consider factors related to the use of such...

Injuries at Voluntary Charitable Events: Recordable under OSHA? [OSHA Chronicle Blog]

December 01, 2020

It is that time of year again where many businesses provide their employees with the opportunity to participate in various charitable events in the spirit of giving. Doing so may raise a number of employment-related issues including whether such time is compensable or whether an injury during such...

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.

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

August 20, 2020

Best Lawyers selected 201 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.

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.

Publications

Canadian Union Challenges to Mandatory Proof of COVID-19 Vaccination Policies [OSHA Chronicle Blog]

December 01, 2021

Today we have insights from Norm Keith [1], a management-side employment and labor lawyer for KPMG. The COVID-19 pandemic continues with over 5.1 million deaths worldwide and over 29,000 in Canada. [2] Tens of thousands of workers have contracted the deadly virus at work and filed workers’...

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.

5th Circuit Continues Stay of OSHA ETS – What Do Employers Do Now? [OSHA Chronicle Blog]

November 15, 2021

As we reported a day after the November 5, 2021, effective date of OSHA’s ETS, the Fifth Circuit issued a temporary stay of the ETS pending further proceedings. On November 12, 2021, a three-judge panel of the Fifth Circuit continued the stay in a 22-page decision that contained numerous quotes and...

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.

OSHA Publishes General Industry Emergency Temporary Standard [OSHA Chronicle Blog]

November 05, 2021

OSHA’s long-awaited general industry COVID-19 emergency temporary standard (“ETS”) was officially published today and became effective immediately for employers in those states without “state OSHA” plans. However, employers covered by federal OSHA still have until December 5, 2021, to comply with...

OSHA Publishes Its Advance Notice of Proposed Rulemaking for Heat Stress [OSHA Chronicle Blog]

October 28, 2021

On October 27, 2021, OSHA published an Advance Notice of Proposed Rulemaking (“ANPRM”) to initiate a comment period to gather diverse perspectives and expertise on heat stress issues such as heat stress thresholds, heat acclimatization planning, and exposure monitoring. OSHA has been talking about...

More than 100 Employees? Mandatory Vaccinations or Weekly Testing Soon To Be Required Under OSHA’s Forthcoming Emergency Temporary Standard [OSHA Chronicle Blog]

September 10, 2021

On September 9, 2021, the Department of Labor announced plans to issue an emergency temporary standard (“ETS”) requiring employers with more than 100 employees to ensure that every employee is fully vaccinated against COVID-19 or tests negative every week. Although neither the White House nor the...

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.

NYS DOL Publishes Model Airborne Infectious Disease Exposure Prevention Plan under HERO [OSHA Chronicle Blog]

July 07, 2021

On July 6, 2021, NYS DOL published its Airborne Infectious Disease Exposure Prevention Plan under the New York Health and Essential Rights Act (“HERO”), signed into law on May 5, 2021, Governor Cuomo. In addition to the general model plan, several industry-specific templates were also published,...

OSHA Issues Enforcement Guidance for Electronic Recordkeeping Rule and Promises Aggressive Enforcement [OSHA Chronicle Blog]

June 03, 2021

As discussed in a previous blog, covered employers were required to electronically submit 300A data for the calendar year 2020 between January 2, 2021, through March 2, 2021. In a recent standard interpretation dated May 6, 2021, OSHA issued enforcement guidance stating employers who could not do...

To Mask or Unmask; that is the Question [OSHA Chronicle Blog]

May 19, 2021

Every business in the United States has been asking itself these past few days whether to drop any requirements it may have for visitors or employees to wear face masks since the CDC changed its COVID-19 guidance related to masks and physical distancing for individuals who are fully vaccinated on...

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.

An Infectious Disease Prevention Plan and Workplace Safety Committee: Two New Significant Requirements Under New York’s HERO Act [OSHA Chronicle Blog]

May 10, 2021

On May 5, 2021, Governor Cuomo of New York signed the New York Health and Essential Rights Act (the “Act”) into law which amends the New York Labor Law. The Act creates occupational safety and health standards in the private sector for all airborne infectious diseases, including but not limited to...

OSHA’s COVID-19 ETS Expected Soon – Too Little, Too Late? [OSHA Chronicle Blog]

April 28, 2021

On April 26, OSHA sent its COVID-19 emergency temporary standard (ETS) to the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) for review. OIRA is the regulatory “gatekeeper” that is required, under various executive orders, to review proposed rules from...

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.

Adverse Vaccine Reaction: An OSHA Recordable Event or Not? [OSHA Chronicle Blog]

April 23, 2021

As more businesses reopen without restrictions and increased availability of vaccine supplies, many employers contemplate a mandatory vaccine policy. The decision turns on individualized facts to each organization, such as the employer's size, the industry, the nature of the employee's duties, and...

Employers are being Cited by OSHA for Failing to Comply with the Respiratory Protection Standard and Not just Healthcare Industry Employers [HR Headaches Blog]

April 15, 2021

Both federal and state OSHA regulators have been regularly citing employers for failure to comply with their respective respiratory protection standards in connection with COVID-19 inspections and these citations have not been restricted to the healthcare industry. OSHA's Respiratory Protection...

OSHA Clarifies No Need for “Double” Reporting of Related Injuries/Illnesses [OSHA Chronicle Blog]

April 06, 2021

Under OSHA’s Recording and Reporting Occupational Injuries and Illnesses regulation, employers are required to affirmatively notify OSHA when an employee suffers a work-related hospitalization, amputation, or loss of an eye or an employee fatality. A fatality must be reported within eight hours and...

Former Chair of OSHRC Rejoins Cozen O’Connor [OSHA Chronicle Blog]

March 25, 2021

James Sullivan, the former Chair of the Occupational Safety and Health Review Commission (“OSHRC”) has rejoined Cozen O’Connor as Co-Chair of the firm’s OSHA-Workplace Safety Practice Group....

Odds Increase On OSHA Issuing COVID-19 Emergency Temporary Standards [OSHA Chronicle Blog]

March 03, 2021

Shortly after President Biden took office, he signed an Executive Order directing OSHA to, among other things, determine whether emergency temporary standards (ETS) on COVID-19 are necessary; and if so, to issue them by March 15, 2021. Former Secretary of Labor Eugene Scalia repeatedly stated an...

OSHA’s Return to Public Shaming [OSHA Chronicle Blog]

February 16, 2021

Prior to the Trump administration, OSHA commonly engaged in the practice of “public shaming.” In other words, if an OSHA investigation found a relatively serious safety violation, it would issue a press release identifying the business, exposing their failings, and detailing the hazards discovered...

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 Issues Revised COVID-19 Guidance: What it Means and What’s Next [OSHA Chronicle Blog]

February 01, 2021

Almost immediately after taking office, President Biden issued an Executive Order requiring OSHA to publish revised COVID-19 guidance for employers, among other things. This past Friday, OSHA published such revised guidance which can be found here....

OSHA: Recordkeeping Reminder, Higher Penalties and 2021 Predictions [OSHA Chronicle Blog]

January 14, 2021

Happy New Year! A New Year means increased maximum penalties for OSHA citations. As of January 16, 2021, the maximum penalties for serious, other-than-serious and posting requirements is now $13,653 per violation; $13,653 per day for failure to abate; and $136,532 for willful or repeat...

Be Wary of OSHA “Approved” PPE [OSHA Chronicle Blog]

December 09, 2020

OSHA’s long-standing position is that it does not approve or endorse particular products. Moreover, the determination of compliance with OSHA’s standards cannot be based on an evaluation of the equipment or devices alone. Rather, this determination must consider factors related to the use of such...

Injuries at Voluntary Charitable Events: Recordable under OSHA? [OSHA Chronicle Blog]

December 01, 2020

It is that time of year again where many businesses provide their employees with the opportunity to participate in various charitable events in the spirit of giving. Doing so may raise a number of employment-related issues including whether such time is compensable or whether an injury during such...

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.

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.

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.

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.

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.

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.

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.

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

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

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

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, 2019-2022

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

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

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

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

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

Empire Justice Center, Board Member, 2021