Employers and higher education institutions operating in California face unique, often complex laws. I see myself as a business-minded, solutions-oriented partner to help these organizations address their compliance concerns—whether big or small.
Derek Ishikawa is a partner in the firm’s Los Angeles office. He represents and counsels employers in all areas of labor and employment law, including discrimination, harassment, retaliation, and wrongful termination, as well as trade secret, breach of contract and employment-related tort claims. Derek also conducts workplace investigations, and regularly speaks and provides training on proper investigation techniques. Derek represents employers from a wide variety of industries, including hospitality, food and beverage, banking and finance, retail, higher education, and information technology. Derek also represents employers before administrative agencies such as the Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing. He also regularly counsels colleges and universities on employment matters, as well as student affairs, data privacy, risk management, and compliance issues, including Title IX.
Derek frequently writes and presents speeches, webinars, and podcasts on a range of employment law issues, and is regularly quoted in legal news publications. He has long been active in the Asian Pacific American Bar Association for Los Angeles County, currently serving as its President, and is also a member of the Japanese American Bar Association, the Institute for Inclusion in the Legal Profession’s Social Impact Incubator, and the 2019 National Asian Pacific Bar Association Leadership Advancement Program. Derek is also active with the National Association of College and University Attorneys, having served on the Committees for the Annual Conference and Legal Education, as well as the editorial and advisory boards of the Journal of College and University Law.
Prior to joining Hirschfeld Kraemer LLP, Derek defended consumer and wage and hour class action litigation at a mid-size international firm.
2016-2020: Named by fellow members of State Bar as Southern California Super Lawyers Rising Star in Labor and Employment
2019: Selected to National Asia Pacific American Bar Association (NAPABA) Leadership Advancement Program, an honor bestowed upon only 24 attorneys nationwide
Immediate Past President and Advisory Board Member, Asian Pacific American Bar Association for Los Angeles County (2022-present)
National Association of College and University Attorneys, Committee on Program for Annual Conference Member (2022-present), Committee on Legal Education Member (2017-2022), Journal of College and University Law, Advisory Committee (2014-2017)
Executive Committee Member, Litigation Section, Los Angeles County Bar Association (2022-present)
Member, Japanese American Bar Association
Moderator, “Blurred Lines: Key Issues in Student Employment,” National Association of College and University Attorneys (NACUA) Annual Conference, Chicago, IL, June 2023
Panelist, “Back to Campus, Back to Title IX: Confronting the Challenges of the 2020 Legislation,” Employment Law Alliance Webinar, September 21, 2021
Panelist, “Tuition Refund Lawsuits: Problematic Pandemic-Related Claims,” Employment Law Alliance Webinar, April 14, 2021
Panelist, “E-Learning in the Age of COVID-19,” Employment Law Alliance Webinar, November 17, 2020
Panelist, “Title IX Final Rule: Mandating Sweeping Change to Higher Education Campuses,” Employment Law Alliance Webinar, May 27, 2020
Moderator, “What’s FERPA Got to do with It? Best Practices for Handling Confidential Student Information,” National Association of College and University Attorneys (NACUA) Winter 2020 CLE Workshop, New Orleans, LA, January 2020
Co-Presenter, “CCPA: What You Need To Know About California’s Sweeping New Privacy Law,” MCLE presentation, San Francisco, December 12, 2019
Co-Presenter, “The ABC’s of A.B. 5: Get Ready For The New Independent Contractor Law,” Webinar, October 17, 2019
Panelist, “The Meaning of ‘Sex’: The Evolving Interpretation of ‘Sex’ With Respect to Title VII,” National Asian Pacific American Bar Assoc. 2019 National Conference, Austin, TX
Presenter, “Legal Issues in Higher Education,” 2019 Consortium on Financing Higher Education (COFHE) Conduct Officers Conference, Claremont, CA
Co-Presenter, “Preparing Changemakers at Catholic Institutions: Fostering Inclusive Environments while Ensuring Title IX and VAWA Compliance,” 2018 Association of Student Affairs at Catholic Colleges and Universities (ASACCU) Conference, San Diego, CA
“Mandatory Employment Arbitration Agreements Are Legal in California: Ninth Circuit Affirms That California Assembly Bill 51 Is Unenforceable,” The California Workplace Advisor (Hirschfeld Kraemer LLP blog), February 16, 2023
Quoted in “Proposed Independent Contractor Rule Draws 1,800 Comments,” Daily Journal, October 29, 2020
Quoted in “Employers Can Urge Workers To Support Political Causes, Within Limits,” Daily Journal, October 28, 2020
Quoted in “Newsom Vetoes Arbitration Extension For State Supervisors,” Daily Journal, September 29, 2020
“Worker Classification Update: California’s A.B. 2257 Expands & Clarifies A.B. 5 Exemptions,” The California Workplace Advisor (Hirschfeld Kraemer LLP blog), September 9, 2020
“Federal Judge Will Not Delay Title IX Final Rule Implementation,” The California Workplace Advisor, Hirschfeld Kraemer LLP blog), August 6, 2020
“Three Hirschfeld Kraemer Associates Named 2020 Rising Stars by Super Lawyers,” June 9, 2020 “18 States + D.C. Seek To Delay Implementation Of Title IX Final Rule Changes,” The California Workplace Advisor (Hirschfeld Kraemer LLP blog), June 26, 2020
“Further Clarification For Sweeping Title IX Changes to Campus Sexual Harassment Policies,” The California Workplace Advisor (Hirschfeld Kraemer LLP blog), June 25, 2020
Quoted in “Employers’ injury and illness records must be released,” Daily Journal, June 8, 2020
“Planning For The Rebound: Step 18 – Getting Ready For The Terrible, Horrible, No Good, Very Bad Fall Outbreak,” The California Workplace Advisor (Hirschfeld Kraemer LLP blog), May 20, 2020
“Planning For The Rebound: Step 14 – New Hires and Offer Letters During COVID-19,” The California Workplace Advisor (Hirschfeld Kraemer LLP blog), May 14, 2020
Quoted in “Pandemic unemployment aid intensifies debate over classifying gig workers,” Daily Journal, April 29, 2020
Quoted in “As virus worsens, gig workers want AB 5 employee law enforced,” Daily Journal, March 20, 2020
Quoted in “Uber, Postmates are denied an injunction of gig worker law,” Daily Journal, February 11, 2020
Derek Ishikawa Weighs in on A.B. 5 to Daily Journal, Daily Journal, September 19, 2019
“California’s A.B. 5 Poised to Change Independent Contractor Law Permanently,” The California Workplace Advisor (Hirschfeld Kraemer LLP blog), September 12, 2019
Derek Ishikawa Quoted in SF Chronicle on Proposed Gig Worker Bill, San Francisco Chronicle, September 5, 2019
“Top 10 Employment Law Developments of 2018: #5 – Employee-Friendly OT Calculation for Flat Bonus Pay Required,” The California Workplace Advisor (Hirschfeld Kraemer LLP blog), December 19, 2018
“Commission-Based Employees in California Must Receive Separate Pay for Rest Breaks,” The California Workplace Advisor (Hirschfeld Kraemer LLP blog), March 6, 2017
“Unexpected Affirmative Action News: The U.S. Supreme Court Affirms that Universities and Colleges May Continue to Use Race as a Factor in Admissions,” The California Workplace Advisor (Hirschfeld Kraemer LLP blog), July 5, 2016
“Welcome To The ‘Wild West’ of California Class Actions, Uber,” Law360.com, September 4, 2015
“50 for 50: Five Decades of the Most Important Discrimination Law Developments: Number 36: “Family Status” Is Not a Protected Class (…or is it?),” The California Workplace Advisor (Hirschfeld Kraemer LLP blog), June 17, 2014
“50 for 50: Five Decades of the Most Important Discrimination Law Developments: Number 15: Affirmative Action For Federal Contractors And Subcontractors,” The California Workplace Advisor (Hirschfeld Kraemer LLP blog), May 27, 2014
“California Expands Paid Family Leave Law,” The California Workplace Advisor (Hirschfeld Kraemer LLP blog), September 25, 2013
- Won unanimous defense jury verdict in Los Angeles Superior Court in age- and disability-discrimination lawsuit
- Won bench trial verdict in Los Angeles Superior Court in breach-of-contract lawsuit
- Won unanimous award on behalf of employer against two former employees in trade secret misappropriation/breach of contract action before FINRA arbitration panel
- Successfully obtained dismissal of putative class claims in state court following successful motion to compel class representative to arbitration on individual basis
- On behalf of college, successfully obtained summary judgment of student’s contractual and negligence claims
- On behalf of college, successfully obtained summary judgment of former employee’s claims race discrimination, failure to investigate, retaliation, and wrongful termination
- On behalf of university, successfully defended against administrative mandamus action filed by student challenging the results of academic misconduct proceedings
- On behalf of resort, successfully obtained summary adjudication of former employee’s FMLA, whistleblower interference, wrongful termination claims, failure to provide employee records and waiting time penalty claims
- On behalf of a university, obtained summary adjudication of former worker’s claims of disability-based discrimination, harassment, retaliation, and defamation
- On behalf of a college, successfully compelled student class representative to arbitration on individual basis in case asserting contractual and unfair competition claims and alleging entitlement due to COVID 19-related tuition refunds
- Obtained asylum for Syrian couple as pro bono counsel through Public Counsel, Immigrants’ Rights Project
Education
J.D., M.P.P., University of California, Los Angeles School of Law, 2009; Co-Chief Managing Editor, Asian Pacific American Law Journal
M.Sc., London School of Economics, 2005
B.A., Pomona College, 2001
Judicial
Judicial Extern to the Honorable Dean D. Pregerson, U.S. District Court for the Central District of California
Admissions
California
U.S. District Court for the Central, Northern, Eastern, and Southern Districts of California
U.S. Court of Appeals, 9th Circuit
