Overview
Recognitions
Associations
Speeches
Publications
Matters

Derek Ishikawa is an associate in the firm’s Los Angeles office. He represents and counsels employers in all areas of labor and employment law, including discrimination, harassment, retaliation, wrongful termination, as well as trade secret, breach of contract and employment-related tort claims. Derek also conducts investigations, and regularly speaks and provides training on investigations. 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, risk management, data privacy, and compliance issues, including Title IX.

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

Board of Governors, Asian Pacific American Bar Association for Los Angeles County
Institute for Inclusion in the Legal Profession, Social Impact Incubator
National Asian Pacific American Bar Association
Japanese American Bar Association
Public Counsel, Immigrants’ Rights Project (obtained asylum for Syrian couple)
National Association of College and University Attorneys

Panelist, “Title IX Final Rule: Mandating Sweeping Change to Higher Education Campuses,” Employment Law Alliance Webinar, May 27, 2020

Moderator, “What’s FEPA 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

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

New Title IX Rules Are Not Retroactive, U.S. Dept. of Education Confirms,” 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 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

  • On behalf of a college, obtained summary judgment of student’s breach of contract and negligence claims
  • 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
  • On behalf of a college, obtained summary judgment of former employee’s claims of race discrimination and retaliation
  • 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 a college, obtained dismissal with prejudice of student’s Unruh Civil Rights Act claim
  • On behalf of a university, obtained summary adjudication of former worker’s claims of disability-based discrimination, harassment, retaliation, and defamation

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