Shawn Fabian is a partner in the Labor and Employment Practice Group in the firm's Chicago and New York offices.
Areas of Practice
Shawn represents management-side clients before federal and state courts across the country and before administrative agencies, including the DOL, EEOC, NLRB and various state and municipal human rights commissions and labor agencies. He also regularly represents clients in arbitrations and other avenues of alternative dispute resolution.
Shawn analyzes the enforceability of restrictive covenants and structuring enforceable restrictive covenants to protect his clients’ business interests, and he prosecutes and defends actions across the country involving the enforcement of non-compete, non-solicit and other restrictive covenants, as well as misappropriation of trade secrets claims under the Uniform Trade Secrets Act and the Federal Defend Trade Secrets Act. His litigation experience also includes defense of collective and class actions alleging misclassification and other wage and hour claims; defense of multi- and single-plaintiff cases alleging discrimination, retaliation and sexual harassment; and defense of whistleblower claims.
Counseling & Internal Investigations
Shawn regularly counsels domestic and international clients on day-to-day workplace issues, such as preparation, administration and enforcement of personnel policies, reductions-in-force, executive and employee discipline and separation, leaves of absence and reasonable accommodations.
Shawn is well versed in conducting complex internal investigations and audits on behalf of his clients. His investigations range from issues affecting the entirety of a client’s workforce that require scores of interviews of employees at all levels of the corporate hierarchy to issues affecting small departments or complaints of a single employee. Shawn ensures efficiency and minimal disturbance to his clients’ operations during the course of an investigation. Relatedly, he is well versed in conducting investigations and audits in response to inquiries from various regulatory agencies and institutions, including JCAHO and ACGME. He also conducts interactive trainings on issues such as recruitment, sexual harassment, discrimination, bullying and other workplace behavior, discipline and general legal compliance.
Mergers & Acquisitions
Shawn works closely with the firm’s Corporate Practice Group on mergers and acquisitions to evaluate the labor and employment liabilities associated with a specific transaction; develop pragmatic, business-oriented solutions to issues that arise during the course of fast-paced transactions; and structure sophisticated executive employment, separation and retention bonus agreements in connection with such transactions.
Shawn joined the firm after serving as Chief Counsel for Labor and Employee Relations at a nationally recognized hospital in New York City. Previously, he served on the staff teams for a U.S. Senator and U.S. Congressman in Washington, D.C.
New York Rising Stars, Super Lawyers, Labor and Employment, 2017-2019
- Chicago Daily Law Bulletin, 02.20.2020
- Chicago Daily Law Bulletin, 02.13.2020
- Chicago Daily Law Bulletin, 02.06.2020
- Lexis Practice Advisor, 01.2020
- Predictable Scheduling Makes Its Way To ChicagoChicago Daily Law Bulletin, 08.15.2019
- Law360, 06.14.2018
- Lexis Practice Advisor, 05.11.2017
- Engaging in Discovery on Behalf of Plaintiffs in Trade Secret Misappropriation and Breach of Restrictive Covenant ActionsLexis Practice Advisor, 05.2017
- Chicago Daily Law Bulletin, 11.23.2016
Labor and Employment Law Blog Posts
- "Predictable Scheduling Makes Its Way To Chicago," July 31, 2019
- "'Panic Button' Laws Make Their Way Across The U.S.," May 8, 2019
- "The Potential For Stemming BIPA Suits Waits Another Day," April 4, 2019
- "New York Lodging Industry: Post Your Human Trafficking Informational Cards," November 6, 2018
- "Hands Off-Pants On Ordinance In Effect in Chicago; California May Be Next," August 10, 2018
- "Healthcare Organizations Take Notice: The Joint Commission Issues Recommendations to Stem Workplace Violence," June 6, 2018
- "Utah and Idaho Limit Non-Competes and Vermont and Pennsylvania Work to Ban Them," May 9, 2018
- "Illinois Works to Combat Sexual Harassment," December 22, 2017
- "Chicago City Council Committee Approves Hands Off-Pants On Ordinance to Protect Hotel Employees," October 5, 2017
- "The Continued Uncertainty of Paid Sick Leave Laws," February 9, 2017
- "Dissecting New Sick Leave Laws in Illinois, Cook County and the City of Chicago," November 14, 2016
Eye on Privacy Law Blog Posts
- Hotel Business Magazine, 11.07.2019
- Lawyer: Illinois businesses should take steps to limit BIPA liability after reform legislation failsCook County Record, 04.30.2019
- Hotel Business, 11.2018
- Hospitality Law, 08.2018
- Legal News Line, 11.07.2017
- New Chicago Sex Assault Law Aims To Protect Hotel WorkersLaw360, 10.26.2017
- "Legal Updates in Labor and Employment Law," Greater New York Association of Healthcare Recruiters, New York, New York, October 24, 2018
- "Tips on Drafting Restrictive Covenants and Litigating Restrictive Covenant Claims," Lawline CLE Program, New York, New York, June 2018
- "Current Issues in Human Resources, including Wellness Program Best Practices, Developing Workforce Plans and Effective Strategies for Reducing Health Benefit Costs," presented to the National Business Institute, December 2017
- "Labor and Employment Legal Updates: A Year in Review and What HR Professionals Should Expect," presented to the Greater New York Association of Healthcare Recruiters, September 2017
- "Labor and Employment Law Trends: What to Expect from the EEOC and the U.S. Department of Labor," presented to the Greater New York Association of Healthcare Recruiters, May 2016
- "You Found WHAT on Her Facebook Page: Social Media’s Role in Recruitment," presented to the Greater New York Association of Healthcare Recruiters, September 2015
- "Beyond Patient Care: Criminal Record Background Checks," presented to the Greater New York Association of Healthcare Recruiters, February 2015
Member, Chicago Bar Association
Member, Illinois Association of Healthcare Attorneys
J.D., New York Law School
B.A., George Washington University
- Honorable Lisa Margaret Smith, U.S. District Court for the Southern District of New York, 2010-2012
- Legal Intern, U.S. Attorney’s Office for the Southern District of New York, Criminal Division, 2005
- Legal Intern, Honorable James Yates, Supreme Court of the State of New York, New York County, 2004
- New York
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Eastern, Southern, and Western Districts of New York