John will be speaking at an upcoming event:
Cleveland, Ohio 10/19/2022
John Ho will speak at the 2022 Safety Leadership Conference about the many considerations that safety professionals need to think about when handling OSHA investigations and best practices when contesting citations.
Event Details
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 pooling, deduction from wages and regular rate issues. John also routinely works with the Occupational Safety and Health Act, in addition to handling discrimination and retaliation claims, ADA public accommodation cases, drafting employee handbook policies and executive employment contracts, non-competes, and conducting workplace harassment and discrimination investigations. John has defended a wide range of employers against hybrid class and collective actions under the FLSA and the New York Labor Law with exemption misclassification and off-the-clock claims. He also frequently assists companies with internal wage and hour audits, as well as Department of Labor audits, including those generated by misclassification of independent contractors. John also has extensive experience with assisting businesses with internal safety and health audits, responding to OSHA and state-sponsored OSHA complaints of workplace safety and health and retaliation, and resolving and contesting OSHA citations, including but not limited to fatality investigations as well as defending against claims of retaliation under various OSHA statutes and New York’s Workers’ Compensation Law. John also routinely appears before the EEOC, the New York State Division of Human Rights, the New York City Commission on Human Rights, and the Connecticut Commission on Human Rights and Opportunities.
As a former trial attorney with the U.S. Department of Labor, Office of the Solicitor, John prosecuted numerous FLSA and OSHA cases and was part of a litigation team that recovered approximately $4 million under the FLSA on behalf of New York State Environmental Conservation Officers. While at the Department of Labor, he also received a commendation from OSHA’s Regional Administrator for his prosecution of a discrimination complaint under the Surface Transportation Assistance Act.
John serves as the co-chair of Cozen O'Connor's OSHA-Workplace Safety Practice and is also the author of its safety and health blog, the OSHA Chronicle.
John is a founding member of the Wage and Hour Defense Institute, and he frequently lectures on FLSA, OSHA, and Labor Department audits. He has also taught business and employment law at the Pratt Institute and the New School.
John 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 is the former vice-chair of the Member Engagement Committee of the Section. He was a contributing editor to The Fair Labor Standards Act, 2002-2005, Cumulative Supplement, published by BNA Books, and has served on its editorial board since 2006. John is also 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, Bloomberg Law, the San Francisco Chronicle, SHRM, CNBC, MSNBC, Forbes, 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 and Best Lawyers in America since 2019. John has also appeared on CNBC’s Squawk Box and been interviewed by several news stations, including PIX11 and NPR’s Marketplace Morning Report.
John is also a frequent panelist and contributor on OSHA and Wage and Hour issues before the American Bar Association, New York State Bar Association, New York City Bar Association, Practicing Law Institute, and LawLine.
News
September 26, 2022
John Ho was quoted in SHRM discussing OSHA recently announced they are expanding the criteria for placement in its Severe Violator Enforcement Program (SVEP) list.
September 14, 2022
New York attorney John Ho, co-chair of Cozen O’Connor’s OSHA-Workplace Safety Practice, was appointed Management Vice-Chair of the Diversity, Equity & Inclusion (DEI) in the Legal Profession Committee of the American Bar Association Labor and Employment Law Section.
September 12, 2022
John Ho spoke with EHS Today discussing how to prepare for an OSHA visit as well as how to respond to and even contest citations.
September 01, 2022
John Ho was quoted in Business Insurance discussing how falls from heights are the number one cause of death of workers, but the hazard remains the most-cited workplace safety violation year after year despite being relatively easy to prevent.
August 22, 2022
John Ho spoke with SHRM about how the Occupational Safety and Health Administration (OSHA) has fined Dollar General approximately $1.3 million over workplace safety issues at three stores in Georgia.
August 22, 2022
210 Cozen O’Connor lawyers from 24 of the firm’s nationwide offices for inclusion in the 2023 edition of The Best Lawyers in America.
July 18, 2022
John Ho was quoted in SHRM discussing OSHA penalties for violations of the Occupational Safety and Health Act (OSH Act).
June 27, 2022
John Ho was quoted in Law360 discussing the challenges employers face when creating unpaid internships.
April 20, 2022
John Ho was quoted in Business Insurance discussing heat-related workplace inspections to protect workers from injuries or fatalities.
April 01, 2022
John Ho was quoted in Risk & Insurance discussing COVID-19 workplace safety strategies.
February 23, 2022
John Ho spoke with Newsday discussing that companies shouldn't drop their guard on COVID-19.
February 08, 2022
John Ho joined the GovExec Daily podcast to discuss the Supreme Court's decision to block President Biden’s federal vaccine mandate that would enforce a vaccine-or-test requirement for employees at private businesses with 100 or more employees.
January 20, 2022
John Ho was quoted in Transport Topics discussing the OSHA COVID-19 vaccine mandate.
January 15, 2022
John Ho was quoted in the Philadelphia Inquirer discussing the latest on COVID-19 vaccine mandates.
January 04, 2022
John Ho spoke with the Philadelphia Inquirer about OSHA's COVID-19 vaccine mandate in the workplace.
December 27, 2021
John Ho spoke with Yahoo! news about how employers can handle the vaccination status of employees.
December 16, 2021
John Ho was quoted in Bloomberg Quint about how employers are navigating returning to the office with the omicron variant rising.
December 09, 2021
John Ho spoke with World at Work about New York City's vaccine mandate for private employers that operate in the city.
December 03, 2021
John Ho spoke with Search HR Software about the latest in COVID-19 vaccination requirements.
December 01, 2021
John Ho spoke with CNBC about employers handling the COVID-19 vaccine mandate at work.
November 30, 2021
John Ho was quoted in Law360 discussing best practices for employers handling the omicron variant of COVID-19.
November 10, 2021
John Ho spoke with USA News Lab about how employers are handling the Biden administration's new vaccine rule.
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.
November 04, 2021
John Ho spoke with PIX11 about the OSHA COVID-19 vaccine mandate.
November 04, 2021
John Ho spoke with SHRM about the latest on the OSHA ETS COVID-19 vaccine mandate.
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.
October 04, 2021
Super Lawyers has named 17 Cozen O’Connor attorneys to its 2021 New York Super Lawyers and Rising Stars list.
August 24, 2021
John Ho joined CNBC's Squawk Box to discuss whether employers can mandate coronavirus vaccines.
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.
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.
August 06, 2021
John Ho was quoted in Yahoo! News discussing companies mandating the COVID-19 vaccine at work.
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.
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.
May 17, 2021
John Ho was quoted in the Huffington Post discussing wearing a mask at work.
May 05, 2021
John Ho spoke with Yahoo! News about employers forcing employees to receive the COVID-19 vaccine.
April 13, 2021
John Ho was quoted in EHS Today discussing why Secretary Walsh has chosen to hold back on publishing the ETS.
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.
February 18, 2021
John Ho was quoted in Insurance Journal discussing the penalties that companies face with COVID-19 outbreaks in the workplace.
February 16, 2021
John Ho was quoted in Yahoo! Finance discussing how employers may incentivize employees in receiving the COVID-19 vaccine.
February 12, 2021
David Barron and John Ho were quoted in Bloomberg Law discussing COVID-19 OSHA citations.
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.
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.
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.
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.
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.
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.
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.
October 15, 2020
John Ho was quoted in HR Magazine about employers reporting about employees that have COVID-19 related hospitalizations.
October 08, 2020
John Ho spoke with CNBC about the coronavirus outbreak in the White House.
September 29, 2020
Super Lawyers has named 21 Cozen O’Connor attorneys to its 2020 New York Super Lawyers and Rising Stars list.
September 24, 2020
John Ho spoke with CBS New York about whether employers can restrict employees from traveling during the holidays.
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.
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).
March 21, 2020
John Ho was quoted in CU Today discussing companies creating a response plan during the COVID-19 pandemic.
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.
March 02, 2020
John Ho was quoted in Money discussing the response plans businesses should have in place during a pandemic.
September 27, 2019
Super Lawyers has named 17 Cozen O'Connor attorneys to its 2019 New York Super Lawyers and Rising Stars list.
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.
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.
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
July 22, 2022
The use of “leased” employees continues to skyrocket. Between 1992 and 2017, it is estimated that the number of people working for employee leasing firms increased 682%, from 341,884 to 2.7 million. There are a variety of reasons companies use leased employees. However, host businesses should be...
July 07, 2022
During an OSHA inspection, the compliance officer will most likely request certain documents such as the manufacturer’s manual, safety and health policies, internal or external safety and health audits, videotapes, minutes from safety meetings, trade association data, employee complaints, etc....
June 17, 2022
The short answer is the proverbial attorney response, “it depends.” Under OSHA’s multi-employer citation policy, an employer may be held responsible for the violations of other employers where it could reasonably be expected to prevent or detect and abate the violations due to its supervisory...
March 30, 2022
Jim Sullivan, John Ho, and Anne Greene discuss OSHA's new proposed rules regarding electronic recordkeeping requirements.
March 28, 2022
Normally, OSHA citations are issued only against the corporations which employ workers, not the individuals who own or control them. Thus, corporate entities are generally liable for penalties under the Occupational Safety and Health Act (“Act”) as opposed to supervisors, officers, or directors....
February 10, 2022
It is well-established that injuries and illnesses, such as those sustained in a motor vehicle accident that occurs during an employee’s normal commute time from home to work, are not work-related and thus not recordable under Part 1904. The reasoning is that an employee traveling during their...
January 19, 2022
Anne Greene, John Ho, and Jim Sullivan discuss the Supreme Court decision to allow the CMS vaccine directive to go forward.
January 13, 2022
Not surprisingly, particularly after a recent oral argument on January 7, 2022, the Supreme Court reinstated the national stay of OSHA’s ETS today. In doing so, the Court found that the petitioners were “likely to succeed on the merits.” As also expected, Justices Kagan, Sotomayor, and Breyer...
January 06, 2022
The start of the New Year serves as a good reminder to covered employers that they must electronically submit 300A data on or before March 2, 2022, for the calendar year 2021. Covered employers include those with 250 or more employees. They are currently required to keep OSHA injury and illness...
December 30, 2021
On December 27, OSHA announced it is allowing its ETS for healthcare facilities to sunset but that it would continue to work expeditiously to promulgate a permanent standard for coronavirus-related hazards. In its statement, OSHA formally withdrew the non-recordkeeping portions of the ETS,...
December 21, 2021
John Ho and Jim Sullivan discuss the Sixth Circuit lifting the Fifth Circuit's stay of OSHA’s general duty COVID Emergency Testing Standard.
December 18, 2021
Last night, the Sixth Circuit lifted the Fifth Circuit’s national stay on OSHA’s general duty COVID ETS. Shortly thereafter, OSHA issued information to employers stating it would exercise enforcement discretion and not issue citations for noncompliance with any ETS requirement before January 10,...
December 16, 2021
To state the obvious, the pandemic has resulted in completely unexpected change across the country in so many ways. OSHA’s visibility and role are probably one of the most significant changes to any federal agency. Prior to the pandemic, most businesses outside of specific industries like...
December 09, 2021
John Ho, Janice Agresti, and Jim Sullivan discuss Mayor de Blasio's expansion to the “Key to New York City” program.
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’...
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.
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...
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.
November 15, 2021
John Ho and Jim Sullivan discuss the Fifth Circuit's stay of OSHA's ETS and what happens next.
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...
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...
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...
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.
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,...
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...
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...
May 14, 2021
John Ho, Jim Sullivan, and Anne Greene discuss New York's HERO Act and what employers should do now to comply.
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...
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...
April 26, 2021
John Ho and James Sullivan discuss OSHA's guidance for employers considering requiring employees to get vaccinated.
February 02, 2021
John Ho discusses OSHA's revised COVID-19 guidance for employers following an executive order issued by President Biden
May 21, 2020
Austin Dieter and John Ho discuss OSHA's most recent guidance on when employers need to record COVID-19 illnesses.
April 08, 2020
John Ho and Peter Ennis describe whether employers should report, under federal or state law, an employee who has tested positive.
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.
March 16, 2020
David Barron and John Ho designed a response plan for employers facing coronavirus, along with questions for employees.
August 08, 2019
John Ho examines updates to employee exposure limits.
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 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.
August 28, 2018
Jeff Pasek and John Ho discuss how the decision in Angelica Textile may impact manufacturers, particularly those businesses with multiple locations.
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.
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 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.
Events & Seminars
Upcoming Events
October 19, 2022
- Cleveland, Ohio
John Ho will speak at the 2022 Safety Leadership Conference about the many considerations that safety professionals need to think about when handling OSHA investigations and best practices when contesting citations.
Past Events
August 03, 2022
- Webinar
December 16, 2021
- Webinar
November 30, 2021
- Webinar
October 20, 2020
- Webinar
October 19, 2020
- Webinar
October 16, 2020
- Webinar
September 15, 2020
- Webinar
September 10, 2020
- Webinar
August 04, 2020
- Webinar
September 13, 2019
- New York, NY
September 10, 2019
- Webinar
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