Recent Publication:
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...
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 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.
News
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 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 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 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.
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 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...
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....
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...
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...
February 02, 2021
John Ho discusses OSHA's revised COVID-19 guidance for employers following an executive order issued by President Biden
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....
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...
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...
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...
November 23, 2020
With a new administration on the horizon, it seems likely OSHA may revisit whether it will issue emergency COVID-19 regulations, something Secretary of Labor Scalia has repeatedly stated is not necessary despite heavy criticism by worker advocate groups. Indeed, many states have or will be...
September 21, 2020
OSHA practitioners who have handled citations involving fatalities or severe injuries are most likely no strangers to considering how these citations including the alleged violation description might affect collateral litigation such as wrongful death actions or tort claims. Indeed, collateral...
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...
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.
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
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
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