Recent Publication:
On May 19, 2020, the Occupational Safety and Health Administration (“OSHA”) published revised enforcement guidance detailing when employers must record COVID-19 illnesses. The new guidance reverses course on prior guidance dated April 10, 2020 which relaxed the circumstances when most employers...
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.
News
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.
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
May 22, 2020
On May 19, 2020, the Occupational Safety and Health Administration (“OSHA”) published revised enforcement guidance detailing when employers must record COVID-19 illnesses. The new guidance reverses course on prior guidance dated April 10, 2020 which relaxed the circumstances when most employers...
May 21, 2020
Austin Dieter and John Ho discuss OSHA's most recent guidance on when employers need to record COVID-19 illnesses.
April 15, 2020
On April 10, 2020, OSHA issued additional guidance for employers on their obligations to record COVID-19 cases which can be found here.
Prior to this guidance, OSHA made clear that COVID-19 cases may be recordable if a worker is infected as a result of performing work-related duties. Thus,...
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 23, 2020
Many businesses are permitting employees to work from home in response to COVID-19 and many more will do so particularly as states like New York have and/or will be restricting the number of employees at the worksite.
Does this mean the employer must inspect an employee’s home to ensure that...
March 16, 2020
David Barron and John Ho designed a response plan for employers facing coronavirus, along with questions for employees.
March 05, 2020
It is not unusual for OSHA to request “enhanced abatements” when resolving citations. Enhanced abatement is when an employer agrees to perform certain abatement actions beyond the recognized hazard in the specifically cited standard. For example, if an employer receives a machine guarding citation...
February 26, 2020
As the evolving coronavirus virus (COVID-19) first discovered in China continues to grow in both China and other countries including the United States, businesses here need to consider a number of factors in preparing a response plan. One of the most challenging issues in dealing with any epidemic...
February 26, 2020
As the evolving coronavirus virus (COVID-19) first discovered in China continues to grow in both China and other countries including the United States, businesses here need to consider a number of factors in preparing a response plan. One of the most challenging issues in dealing with any epidemic...
February 24, 2020
As mentioned in our last blog, the time for covered employers to post the OSHA 300A Summary is from February 1 to April 30. It is also a good time to revisit the issue of what kinds of injuries and illnesses should be recorded as employers sometimes struggle with this fact-sensitive question. OSHA...
January 31, 2020
It’s that time of year again – for covered employers to post the OSHA 300A, i.e., a summary of the total number of job-related injuries and illnesses that occurred last year. The OSHA 300 Log is not required to be posted, only the summary. Employers with ten or fewer employees and employers in...
January 24, 2020
As we start the new year, following the Federal Civil Penalties Inflation Adjustment Act which Congress passed in 2015, OSHA announced revised increased maximum penalty levels effective January 15, 2020:...
August 08, 2019
John Ho examines updates to employee exposure limits.
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...
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...
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 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.
September 21, 2017
John Ho, a member of Cozen O'Connor's Labor & Employment Department, discusses drafting independent contractor agreements in Bloomberg Law.
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
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
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