Recent Publication:
Businesses have struggled with the determination of who is an independent contractor vs employee for many decades. One of the challenges rests with the fact that the applicable legal test may be different depending on the area of law at issue. Thus, employers could find themselves in a situation...
John exclusively represents employers in 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 Title VII discrimination and retaliation claims, ADA public accommodation and website 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 the 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, hazard alert letters, 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. In addition, John regularly assists businesses with audits New York State Unemployment Insurance audits.
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 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 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 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 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 2013 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, LawLine, and EHS Today.
John is active in promoting diversity, equity, and inclusion in the legal profession. He served on the board of the Connecticut Asian American Bar Association for over a decade and is currently the management vice-chair of the ABA, Labor and Employment Section, Diversity and Inclusion in the Legal Profession Committee. He is also serving as the employer co-chair for the ABA’s 17th Annual Labor and Employment Law Conference, Diversity, Equity & Inclusion track and will continue to co-chair that track in 2024. John is the co-chair of the firm's Asian Attorney Resource Group and a member of the firm’s Diversity Committee.
News
February 14, 2024
John Ho was quoted in a SHRM article discussing OSHA’s proposed walkaround rule that allows union members on employer premises during an agency inspection
January 30, 2024
John Ho was a guest on the EHS On Tap podcast titled “EHS On Tap E191: OSHA’s New Injury Reporting Rule.”
December 08, 2023
John Ho was quoted in a Business Insurance article discussing the risks and legal implications for employers to store and provide naloxone.
September 23, 2023
John Ho spoke with SHRM about employers protecting younger workers and ways to help avoid legal issues when employing young people.
September 22, 2023
Thirteen attorneys were recognized as Super Lawyers and 14 were named “Rising Stars.”
August 17, 2023
Best Lawyers selected 232 Cozen O’Connor lawyers from 24 of the firm’s U.S. offices for inclusion in the 2024 edition of The Best Lawyers in America.
August 16, 2023
John Ho spoke with EHS Today about what businesses should consider when paying an OSHA citation compared to going through litigation.
August 15, 2023
John Ho spoke with EHS Today about OSHA's jurisdiction over transportation matters.
August 08, 2023
John Ho spoke with HR Brew about how employers can handle working conditions during a heat wave.
August 01, 2023
John Ho was quoted in Employee Benefits News discussing the action employers can take when their area is facing wildfires.
July 24, 2023
John Ho was quoted in Risk & Insurance discussing the challenges the Canadian wildfires present to employers.
June 08, 2023
John Ho spoke with Bloomberg Law about what the U.S. Occupational Safety and Health Administration could do for outdoor workers on the east coast impacted by the wildfire smoke from Canada.
May 19, 2023
John Ho, co-chair of Cozen O'Connor’s OSHA-Workplace Safety Practice, has been named an Avetta fellow.
May 16, 2023
Cozen O'Connor L&E lawyer, John Ho, spoke with general counsel for Target, Don Liu, for AAPI Heritage Month. Read the full Q&A.
April 25, 2023
John Ho joined the EHS On Tap Podcast to discuss OSHA's new guidance on penalties.
March 29, 2023
John Ho was quoted in Benefit News discussing how the Occupational Safety and Health Administration (OSHA) is ramping up its safety efforts in 2023.
February 22, 2023
John Ho was quoted in Business Insurance discussing the latest in safety violation fines by the Occupational Safety and Health Administration.
February 22, 2023
John Ho was quoted in SHRM discussing a proposed rule from OSHA that would allow a union representative to accompany an OSHA inspector during a walkaround at a nonunion worksite.
January 31, 2023
John Ho was quoted in SHRM discussing OSHA's new enforcement guidance and how it applies instance-by-instance citations for serious violations of the Occupational Safety and Health Act (OSH Act).
December 05, 2022
John Ho, co-chair of Cozen O'Connor’s OSHA-Workplace Safety Practice, will serve as the management track co-chair for the Diversity, Equity, and Inclusion Track program for the 17th ABA Annual Section of Labor and Employment Law Conference in Seattle from November 8-11, 2023.
November 30, 2022
John Ho, co-chair of Cozen O'Connor’s OSHA-Workplace Safety Practice, will join the Advisory Board of Thomson Reuters Practical Law’s Labor & Employment Service for a two-year term beginning on January 1, 2023.
November 21, 2022
John Ho was quoted in Bloomberg Law discussing opinion letters from the DOL in regard to how gig workers are classified under wage laws.
October 03, 2022
Super Lawyers has named 21 Cozen O'Connor attorneys to its 2022 New York Metro Super Lawyers and Rising Stars lists.
September 26, 2022
John Ho was quoted in SHRM discussing how OSHA recently announced that they are expanding the criteria for placement in its Severe Violator Enforcement Program (SVEP) list and the increased penalties that may come with it.
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 200 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.
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."
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
March 06, 2024
Businesses have struggled with the determination of who is an independent contractor vs employee for many decades. One of the challenges rests with the fact that the applicable legal test may be different depending on the area of law at issue. Thus, employers could find themselves in a situation...
February 01, 2024
On January 26, 2024, OSHA published a revised enforcement manual for Process Safety Management of Highly Hazardous Chemicals (“Manual”). The Manual reflect OSHA’s first revisions to its prior directive issued in 1994 which is specifically identified as cancelled and superseded by the Manual....
January 17, 2024
Pursuant to the Federal Civil Penalties Inflation Adjustment Act, OSHA increases the maximum penalties for serious and other-than-serious violations from $15,625 per violation to $16,131 per violation. In addition, the maximum penalty for willful or repeat violations increased from $156,259 per...
December 21, 2023
As we head into the New Year, it is a good time for businesses to review OSHA’s cold stress guidance (link below). OSHA reminds employers that monitoring the wind chill temperature and workers’ physical condition while performing tasks will help them assess cold stress exposure and assist them in...
November 07, 2023
Guest Author: Norm Keith, B.A.(Econ), J.D., LL.M. Mr. Keith is a leading management-side employment and labor lawyer, the author of 12 books, 8 of which deal with OHS, and is a senior partner at the law firm of KPMG Law LLP, and may be reached at: nkieth@kpmg.ca.
The enduring legal legacy of...
October 31, 2023
OSHA recently shared preliminary data for its Top 10 list in fiscal year 2023 which ended September 30, 2023. They are listed below in order of most frequently cited:...
September 29, 2023
As technology evolves, unfortunately, so do ways to hack that technology. The recent cyberattacks in several casinos in Las Vegas are just one recent example of the growing concern about cyberattacks on businesses and the tremendous consequences and liability that may result from such attacks....
September 06, 2023
According to a recent OSHA standard interpretation letter, probably yes. In the May 17, 2023 letter, an employee drove the company vehicle on a public roadway between service calls. As the employee approached a car accident, the driver who caused the accident entered the company’s vehicle, shot the...
July 19, 2023
On July 17, 2023, OSHA released its final rule expanding its electronic recordkeeping and reporting requirements. As expected, the rule largely mimics OSHA’s 2022 proposal and takes effect January 1, 2024. The rule requires establishments with 100 or more employees in certain high-hazard...
June 23, 2023
Creating a strong safety culture in a business has many components. It requires the commitment and participation of the executive management team and all supervisory and non-supervisory employees throughout the organization. A critical part of accomplishing this requires conducting internal and/or...
April 12, 2023
WARNING: Spoiler alert! STOP reading now if you do not want to read spoilers which are used as examples to illustrate points in the blog article.
As viewers know, Ted Lasso is a feel good show about an American college football coach who is hired to coach AFC Richmond, an English soccer team....
April 10, 2023
Sadly, tragic workplace violence incidents continue to plague the country. Although it is unlikely that OSHA, in the foreseeable future, will engage in rulemaking for a general industry workplace violence rule, it has already taken affirmative steps to move forward on rulemaking for a workplace...
March 28, 2023
Unpreventable employee misconduct is an affirmative defense commonly asserted to OSHA citations. To generally prevail on this defense, an employer must show that it 1) established work rules designed to prevent the violative conditions from occurring; 2) adequately communicated those rules to its...
February 07, 2023
As we head into 2023, employers can expect to see more aggressive OSHA enforcement. BNA reported that the number of OSHA inspectors grew 19% in the fiscal year 2022. This was not surprising given the significant increase to OSHA’s FY 2021 budget, which earmarked funds to hire new OSHA inspectors....
January 18, 2023
As a reminder to covered establishments, they must electronically submit their Form 300A on or before March 2, 2023, which can be done here. Covered establishments generally include 250 or more employees or 20-249 employees in certain high-risk industries identified by OSHA. OSHA has publicly...
January 03, 2023
John Ho and Janice Sued Agresti highlight what employers can expect in the year ahead from OSHA and the Department of Labor on workplace safety, pay equity, and employee classification.
December 09, 2022
As we head into the holiday gift giving season, it is a great time for businesses to think about employee safety and health and how they can strengthen their safety culture. Providing adequate supervisory and employee safety training is one of the most effective ways to ensure that employers are...
November 17, 2022
In a recent decision in the Eastern District of New York, Walsh v. Community Health Center of Richmond, Inc., et al., 21-CV-3094 (ARR)(TAM), the court held that OSHA has the right to pursue individual damages for a Complainant under Section 11(c) even though a prior federal action brought by...
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.
January 19, 2022
Anne Greene, John Ho, and Jim Sullivan discuss the Supreme Court decision to allow the CMS vaccine directive to go forward.
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 09, 2021
John Ho, Janice Agresti, and Jim Sullivan discuss Mayor de Blasio's expansion to the “Key to New York City” program.
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
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.
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.
May 14, 2021
John Ho, Jim Sullivan, and Anne Greene discuss New York's HERO Act and what employers should do now to comply.
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.