Fabian focuses his practice on representing domestic and foreign business, and their executives, in commercial disputes and in the defense of complex labor and employment matters. This includes litigating complex contractual matters, high-stakes trade secret, non-compete, and unfair competition matters, and defending against whistleblower, wage and hour, and other employment-related claims.
In the employment context, Fabian has experience representing employers and executives in both unionized and union-free environments. He has obtained successful resolutions on behalf of his clients in single plaintiff, multi-plaintiff, and class and collective actions in both state and federal courts, and has also represented clients before federal, state, and local administrative agencies including the Department of Labor, the Equal Employment Opportunity Commission, the Florida Commission on Human Rights, and the Miami-Dade Commission on Human Rights. Additionally, Fabian has successfully arbitrated public and private sector labor and employment matters from inception to complete dismissal, including in the media, finance, healthcare, restaurant, food and grocery retail, and construction industries.
While Fabian is adept at handling litigation and administrative charges for clients, a central focus of his practice is providing employers with preventive counseling and training, in both English and Spanish, on a host of employment law topics, including sexual harassment and discrimination, hiring, discipline and discharge, wage and hour regulations, independent contractor classification issues, and alternative dispute resolution. Fabian is skilled at trouble-spotting and has conducted company-wide audits of employee classifications, compensation practices, and equal employment practices. He has also reviewed, drafted, and revised company handbooks and standalone policies to remain compliant with the ever-shifting landscape of employment laws.
Fabian has worked on several facets of traditional labor law, including working on collective bargaining negotiations, unfair labor practice charges, and arbitration hearings.
- Achieved affirmance of dismissal of employee’s hostile work environment compliant before the U.S. Court of Appeals for the Eleventh Circuit.
- Participated as large team of attorneys negotiating collective bargaining agreements for several Florida, Texas, and Nevada hospitals.
- Successfully defended against employee’s interlocutory appeal of motion for preliminary injunction to the U.S. Court of Appeals for the Eleventh Circuit.
- Obtained summary judgment on behalf of an international luxury hotel brand on former employee's claims of race, religion, and national origin discrimination and retaliation.
- Obtained summary judgment and affirmance of dismissal before the U.S. Court of Appeals for the Eleventh Circuit on behalf of a large U.S. financial institution on claim by employee of retaliation under Florida’s Private Whistleblower’s Act.
- Assisted several companies of varying sizes with enforcement of non-compete, non-solicitation, and confidentiality agreements.
- Obtained summary judgment in arbitration on behalf of architecture firm on former employee’s claim of entitlement to overtime under the Fair Labor Standards Act.
- Best Lawyers in America: Ones to Watch, 2021-2023
- Labor and Employment Law - Management
- Litigation - Labor and Employment
- Florida Super Lawyers, Rising Star, 2022
- Leadership Council on Legal Diversity, 2020 Class of Pathfinders
- "Florida’s Stop WOKE Act in the Workplace," Cuban American Bar Association, August 10, 2022
- "GrayRobinson Labor and Employment Team: OSHA's COVID-19 ETS Stay Dissolved; Fedral Contractor Vaccine Mandate Still Enjoined," December 21, 2021
- "GrayRobinson Labor and Employment Team: OSHA ETS Stayed; Special Session B Concludes," November 18, 2021
- "GrayRobinson Labor and Employment E-lert: OSHA Sets New Vaccination Rules for Employers with 100 or More Employees," November 5, 2021
- "GrayRobinson Labor and Employment E-lert: Important Reminder! Florida's Minimum Wage Is Now $10 Per Hour," October 19, 2021
- The Florida Bar
- American Bar Association
- Young Lawyers Division - Men of Color Project, Former Founding Member
- Hispanic National Bar Association
- Cuban American Bar Association, Member
- Rutgers Football Letterwinners Association, Member
- Leadership Miami, Class 43
- J.D., Rutgers University School of Law, 2015
- B.A., Rutgers University, 2011
- New Jersey
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. District Court for the Southern District of Florida
- U.S. District Court for the Middle District of Florida
- U.S. District Court for the Northern District of Florida
- U.S. District Court for the District of New Jersey