Fasman ADR takes a sophisticated approach to labor and employment law problems, based upon the extensive experience of Zach Fasman.
Zach’s career as a leading practitioner in employment and labor law grants him unique insight into the constructive ways to approach labor and employment law problems.
Zachary Fasman, Principal
After nearly 50 years as a nationally recognized labor and employment lawyer, Zachary Fasman has shifted roles—from advocate to neutral. He brings to this role extensive experience and knowledge of labor and employment law gained through the course of his career and training.
Zach became interested in labor law while at Michigan Law School, where he was the first research assistant to work for Professor (later Circuit Court Judge) Harry T. Edwards. He began his career as a traditional labor lawyer at Seyfarth Shaw in Chicago, where by negotiating labor contracts he learned first-hand that the relationship between management and labor often depends on working together to achieve a result fair to both sides.
During his career, Zach has negotiated collective bargaining agreements with almost every major U.S. labor union, often working with federal and state mediators. He has extensive experience in labor arbitration, having tried hundreds of arbitrations, and understands the role of a neutral in depth and detail. He also has extensive experience before the National Labor Relations Board, and has litigated many complex labor cases in the courts on issues including federal preemption, successorship, civil RICO and labor-antitrust law. His career included two successful arguments before the United States Supreme Court, Golden State Transit Corp. v City of Los Angeles, 475 U.S. 608 (1986) and Golden State Transit Corp. v City of Los Angeles, 493 U.S. 103 (1989). He also has written numerous amicus curiae briefs to the Supreme Court on various labor and employment law issues.
Zach also has extensive experience in employment discrimination law, having served as national Co-Chair of the employment discrimination law practice while at Paul Hastings. Zach has litigated hundreds of employment law cases ranging from nationwide class actions to jury trials of individual discrimination claims. In addition, Zach provided day-to-day counseling and advice to employers on a wide range of matters, including how to conduct internal audits and investigations to ensure federal, state and local EEO compliance. He has testified on many occasions before the U.S. Congress and the EEOC on labor and employment law issues, and worked extensively with Congress and the White House on the Americans with Disabilities and the Civil Rights Act of 1991.
Zach devoted his practice exclusively to labor and employment law and has been recognized as a leading practitioner for many years. He has repeatedly earned a “Band One” ranking in Chambers USA and Chambers Global, and is a long-time Fellow of the College of Labor and Employment Lawyers. He continues to teach employment law to members of the federal judiciary through the Federal Judicial Center and New York University Law School, and has been a guest lecturer at various law schools on topics including appellate advocacy, employment discrimination, labor law, and legal ethics.
A well-known speaker and author, Zach co-chaired PLI’s Annual Employment Law Institute for a decade, speaking on a wide variety of topics. He also has spoken repeatedly at the NYU Law School Annual Conference on Labor, where he served as a member of the Advisory Board of the Center for Labor and Employment Law. He has written three books on labor and employment law, and has published many articles in the New York Law Journal and a wide variety of journals and other publications.
Awards & Recognition
- Chambers USA: New York: Labor & Employment (Band One) (Multiple years)
- Chambers Global: USA: Labor & Employment (Band One) (Multiple years)
- Top 100 New York Super Lawyers 2015
- Best Lawyers in America (24 years)
- New York Super Lawyers 2006–2018
- “New York Area’s Best Lawyers,” New York Magazine 2005–2018
- Martindale-Hubbell: AV-Rated (Preeminent) (25+ years)
- Lawdragon Employment Law Hall of Fame, inducted 2014 (for career achievement)
- Nation’s Most Powerful Employment Attorneys – Top 100” Human Resources Executive, Lawdragon 2014-2015
- “America’s Top 100 Employment Law Attorneys,” Human Resource Executive, Lawdragon 2010-2016
Selected & Recent Publications
- Offensive Non-Mutual Collateral Estoppel in Arbitration, Proceedings of the 71st Annual New York University Conference on Labor (publication pending) 2018
- Arbitration of Statutory Claims, Proceedings of the 69th Annual New York University Conference on Labor (publication pending) 2016
- Joint Employers Under Employment Law, Proceedings of the 68th Annual New York University Conference on Labor (publication pending) 2015
- New Developments In Employment Class Actions, Proceedings of the 63rd Annual New York University Conference on Labor (Wolters & Kluwer, 2010)
- Responding to and Preventing Retaliation Claims, Proceedings of the 60th Annual New York University Conference on Labor (Wolters & Kluwer 2009)
- Living Wage Ordinances and Traditional Labor Law, Proceedings of the 57th Annual New York University Conference on Labor (Wolters & Kluwer 2009)