Zachary D. Fasman is a partner in the Labor & Employment Law Department. Zach focuses his practice on representing employers in all aspects of labor and employment law, including labor-management relations, employment litigation and counseling.
Zach has litigated hundreds of employment law cases ranging from nationwide class actions to jury trials of individual discrimination claims. He has argued numerous cases in both state and federal appellate courts, including two successful arguments before the United States Supreme Court, Golden State Transit Corp. v City of Los Angeles, 475 U.S. 608 (1986), 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’s labor-management relations practice encompasses advising employers about their obligations under the National Labor Relations Act, representing employers in collective bargaining, labor arbitrations and related employment litigation, and all forms of counseling regarding union and employee relations. He has negotiated collective bargaining agreements with almost every major U.S. labor union and has extensive experience appearing before the National Labor Relations Board, where he handled the second-longest hearing in agency history, an 82 day unfair labor practice trial in CNN America, 361 NLRB No. 47 (2014), appeal pending. He has handled a number of complex labor cases on issues including federal preemption, successorship, civil RICO and labor-antitrust law.
In addition, Zach provides day-to-day counseling and advice to employers on a wide range of matters, including labor and employment law issues in mergers and acquisitions as well as internal audits to ensure federal, state and local EEO compliance. He has testified on many occasions before the U.S. Congress and the EEOC and worked extensively with Congress and the White House, on behalf of the U.S. Chamber of Commerce and the National Association of Manufacturers, on the Americans with Disabilities Act and the Civil Rights Act of 1991. He wrote the first book addressing the ADA, What Business Must Know About the Americans With Disabilities Act (1992).
A noted author and sought-after speaker on labor and employment issues, Zach co-chairs the Practicing Law Institute’s Annual Employment Law Institute and has written numerous articles in the New York Law Journal and a wide-variety of other publications. 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 teaches employment law to members of the federal judiciary through the Federal Judicial Center, and has been a guest lecturer at various law schools on topics ranging from appellate advocacy to employment discrimination to legal ethics.