HR professionals have been struggling with wage and hour class-action lawsuits brought by interns claiming they were misclassified and entitled to wages … Read more
John S. Ho 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. He also routinely works with the Occupational Safety and Health Act, in addition to handling discrimination claims, drafting employee handbook policies and procedures and employment contracts, conducting workplace investigations, and arbitrations. He 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. He also has extensive experience with assisting businesses with OSHA audits and contesting citations 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, he 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.
He 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.
He 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.
He is also a former officer and current board member of the Connecticut Asian Pacific American Bar Association.