Shawn D. Fabian

Shawn Fabian is a partner in the Labor and Employment Practice Group in the firm's Chicago and New York offices.

Areas of Practice

Litigation

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.

Honors

Ones to Watch — Labor and Employment, Best Lawyers, 2022-2025

New York Rising Stars, Super Lawyers, Labor and Employment, 2017-2019

Articles

Corporate & Securities Law Blog Posts

• "Buyer Beware: Delaware Declines to Enforce Sale of Business Non-Compete," January 23, 2023

Labor & Employment Law Blog Posts

• "Washington’s Amended Non-Compete Law Creates New Considerations for Employers," May 20, 2024
• "Illinois is the Latest State to Enact a Salary Transparency Law," August 21, 2023
• "Time for Employers to Modify Minnesota Protective Covenant Templates," August 17, 2023
• "Buyer Beware: Delaware Courts Continue to Refuse to Enforce Deal-Based Non-Competes," June 29, 2023

• "Time to Update Your Policies: Illinois Passes Sweeping Paid Leave Legislation," February 22, 2023
• "Illinois Supreme Court Rules All BIPA Claims Are Subject to Five-Year Time Limit," February 3, 2023

• "Buyer Beware: Tenth Circuit Issues Decision Emphasizing Critical Need for Employment Diligence," September 1, 2022

• "Colorado’s New Restrictive Covenant Law Now Effective," September 1, 2022

• "Illinois Imposes New Restrictions on Non-Competes and Non-Solicits," January 26, 2022
• "President Biden and OSHA to Require Vaccine Mandate or Weekly Testing for Employers with 100+ Employees," September 10, 2021
• "Illinois Governor Signs Non-Compete Legislation," August 26, 2021
• "Governor Signs Sweeping Changes to Illinois Employment Laws," May 12, 2021
• "The Critical Nature of Labor and Employment Diligence in Transactions," March 18, 2021
• "Employers: Do Not Forget Your Sexual Harassment Prevention Training Requirement," May 4, 2020
• "The CARES Act: A Comprehensive Overview for Employers," March 31, 2020
• "Illinois Statewide Stay at Home Order: What Employers Need to Know," March 20, 2020
• "The Time Is Now for Employers in Illinois to Abide by New Laws," January 9, 2020
• "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

• "Washington Enacts Restrictions on Applicant Wage and Salary Questions," June 10, 2019 

Books

Media Mentions

Speaking Engagements

• "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

Events

Memberships

Member, Chicago Bar Association

Member, Illinois Association of Healthcare Attorneys

Digital Media