- J.D., New York Law School
- B.A., George Washington University
- Honorable Lisa Margaret Smith, United States District Court for the Southern District of New York, 2010-2012
- Legal Intern, United States 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
- United States District Court for the Northern District of Illinois
- United States District Court for the Eastern, Southern, and Western Districts of New York
Shawn Fabian is an associate in the Labor and Employment Practice Group in the firm's Chicago and New York offices.
Areas of Practice
Mr. Fabian’s practice encompasses all aspects of labor and employment law, with an emphasis on litigation, proactive counseling and internal investigations to management-side clients. He regularly represents clients before federal and state courts across the country, including in Illinois, New York, Florida, and Texas, and before administrative agencies, including the Wage and Hour Division of the United States Department of Labor (US DOL), the Equal Employment Opportunity Commission (EEOC), the National Labor Relations Board (NLRB), and various state and municipal human rights commissions and labor agencies. He also regularly represents clients in American Arbitration Association (AAA), JAMS, and Financial Industry Regulatory Authority (FINRA) arbitrations and in other avenues of alternative dispute resolution.
Mr. Fabian’s litigation experience includes defense of collective and class actions alleging misclassification and other wage and hour claims, defense of multi-plaintiff and single plaintiff cases alleging, among other things, racial, gender, disability, and religious discrimination, retaliation, and sexual harassment, and defense of whistleblower claims. He also has significant experience analyzing the enforceability of restrictive covenants and structuring enforceable restrictive covenants to protect his clients’ business interests, and he represents clients across the country prosecuting and defending actions involving the enforcement of non-compete, non-solicit, and other restrictive covenant agreements, as well as misappropriation of trade secrets claims under the Uniform Trade Secrets Act and the Federal Defend Trade Secrets Act.
In addition to litigation, Mr. Fabian regularly counsels domestic and international clients on day-to-day workplace employment issues, such as preparation, administration and enforcement of personnel policies, reductions-in-force, executive and employee discipline and separation, leaves of absence, reasonable accommodations, and general legal compliance with various anti-discrimination laws.
Mr. Fabian 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. No matter the size of the investigation, Mr. Fabian ensures efficiency and minimal disturbance to his clients’ operations during the course of the investigation. Relatedly, he is well-versed in conducting investigations and audits in response to inquiries from various regulatory agencies and institutions, including the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) and the Accreditation Council for Graduate Medical Education (ACGME). He also conducts interactive trainings on issues such as recruitment, sexual harassment, discrimination, bullying and other workplace behavior, discipline, and general legal compliance with federal and state laws, regulations and executive orders.
Mr. Fabian also 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.
Mr. Fabian joined the firm after serving as Chief Counsel for Labor and Employee Relations for a nationally recognized teaching hospital in New York City. Previously, he served on the staffs of United States Senator Judd Gregg (retired) and United States Congressman Mike Thompson.
- New York Rising Stars, Super Lawyers, Labor and Employment, 2017
- Lexis Practice Advisor, May 11, 2017
- Engaging in Discovery on Behalf of Plaintiffs in Trade Secret Misappropriation and Breach of Restrictive Covenant ActionsLexis Practice Advisor, May 2017
- Chicago Daily Law Bulletin, November 23, 2016
Labor and Employment Law Blog Posts
- "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
- Legal News Line, November 7, 2017
- New Chicago Sex Assault Law Aims To Protect Hotel WorkersLaw360, October 26, 2017
- "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