John S. Ho
Mr. Ho exclusively represents management in all aspects of Labor and Employment Law, with specific experience in wage and hour matters including the FLSA, New York Labor Law, federal and state prevailing wage audits, and the Hospitality and Miscellaneous Industries Wage Orders; the Occupational Safety and Health Act; the Public Employee Safety and Health Act; misclassification of independent contractors; federal and state Department of Labor audits; discrimination claims; workplace investigations; and arbitrations. He served as a prosecutor with the United States Department of Labor, Office of the Solicitor, where he prosecuted numerous FLSA and OSHA cases and was part of the litigation team that recovered approximately $4 million under the FLSA on behalf of New York State Environmental Conservation Officers. While at the Department, Mr. Ho also received a Commendation from OSHA's Regional Administrator for his prosecution of a discrimination complaint under the Surface Transportation Assistance Act.
Mr. Ho's practice often includes assisting employers from Fortune 500 companies to non-profit health care agencies with internal wage and hour audits and Labor Department compliance audits including independent contractor issues with New York unemployment filings. He has defended numerous types of employers including a number of national retail stores in the apparel industry, restaurants, non-profits, and public sector employers against dual filed collective actions under the FLSA and the New York Labor Law. Mr. Ho is also a member of the Wage and Hour Defense Institute covering the Second Circuit Court of Appeals.
Mr. Ho frequently lectures on FLSA, OSHA and Labor Department audits including before the American Bar Association, Labor and Employment Law Section, New York State Bar Association, Labor and Employment Section, Lorman, and the Society for Human Resource Management. He has taught Business and Employment Law at the Pratt Institute and the New School as an adjunct professor. Mr. Ho was a contributing editor to The Fair Labor Standards Act, 2002-2005, Cumulative Supplements published by BNA Books. He served as chapter editor for the 2006-2010 Cumulative Supplements and an associate chapter editor for the 2011 and 2012 Cumulative Supplements. Mr. Ho also served as a wage and hour track coordinator for the ABA’s 6th and 7th Annual Labor and Employment Law Conference. He was also the author of "Ask the Experts" in HR Now, the Official Publication of the New York State Society for Human Resource Management and co-author of the Construction Safety Software Corporation's Monthly Safety Newsletter from 2009-2011.
Honors and Affiliations
- Listed in:
- New York Super Lawyers 2013®, Employment & Labor
- American Bar Association, Advisory Panel Member, 2012; Labor and Employment Committee; Federal Legislation Standard Subcommittee
- New York State Bar Association, House of Delegates, 2009-2011
- Connecticut Asian Pacific American Bar Association, Board of Trustees, 2011-2013; Vice President, 2009-2011
- Fellow, Litigation Counsel of America, Trial Lawyer Honorary Society
- Member, Diversity Law Institute
- Wage and Hour Defense Institute of the Litigation Counsel of America, Co-Chair Social Media Committee
- Member, American Bankruptcy Law Review, 1993-1994
- Co-author of the Construction Safety Software Corporation's Monthly Safety Newsletter, 2010-2011
- Employment360, "An Eye on NY Workplace Bullying Legislation," May 2010
- Co-author of "Ask the Experts" in HR Now, the Official Publication of the New York State Society for Human Resource Management
- Contributing Editor, The Fair Labor Standards Act, 2002-2005 Cumulative Supplements published by BNA and the American Bar Association; Chapter Editor, 2006-2009 Cumulative Supplements
- NYSBA Construction & Surety Law Newsletter, "The Summit Decision: Is it Downhill for General Contractor Liability Under OSHA's Multi-Employer Worksite Doctrine," Spring 2008
- Employment360, "Don't Get Burnt By the Melting Pot," June 2007