Derek
Havel

Partner
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Derek Havel

Overview

Derek Havel handles complex labor and employment litigation from inception through trial and appeal. He defends employers in wage and hour class actions, representative actions under the Private Attorneys General Act (PAGA) and single-plaintiff disputes. Derek has taken multiple jury trials to verdict.

On behalf of clients throughout California, Derek has successfully denied class certification and obtained summary judgment in class actions and PAGA cases involving a wide variety of wage and hour claims, including unpaid wages based on off-the-clock work and improper rounding; overtime based on alleged regular rate violations; and meal and rest period, wage statement, and expense reimbursement violations. He has represented employers in the health care, food and beverage, financial services and retail industries. Derek partners with his clients to tailor defense strategies to clients’ specific operational realities and workforce structures. 

Derek has tried discrimination, harassment, retaliation and wrongful termination cases to juries, securing complete defense verdicts. His trial work includes claims based on race, sex, sexual orientation, age, disability and other protected classifications under the California Fair Employment and Housing Act, Title VII, the Age Discrimination in Employment Act and the Americans with Disabilities Act.

Employers also rely on Derek for strategic advice designed to prevent disputes before they arise. He counsels clients on hiring and discipline practices, worker classification, leave management, unfair competition, wage and hour compliance and severance and termination strategy, aligning legal requirements with business objectives.

Derek was born and raised in Los Angeles, and is a lifelong, diehard, fan and season-ticket holder of the L.A. Dodgers.

Experience

Class and PAGA Successes

  • Poledouris v. Whole Foods Market (LA Sup. Ct., 19STCV10444) — Defeated class certification (class/PAGA).
  • Williams v. St. Joseph Health Personal Care Services, Inc. (Orange Sup. Ct., 30-2020-01134268) — Defeated class certification.
  • Hernandez v. St. Jude Medical Center (Orange Sup. Ct., 30-2019-01086516) — Summary judgment (class/PAGA).
  • Cruz v. Whole Foods Market (LA Sup. Ct., BC592895) — Summary judgment (putative class).
  • Sumo v. Torrance Memorial Medical Center (LA Sup. Ct., BC530934) — Defeated class certification.
  • King v. Pomona Valley Medical Center (LA Sup. Ct., BC351095) — Summary judgment (putative class).
  • Cherin v. Dignity Health (SF Sup. Ct., CGC-08-471761) — Defeated class certification.
  • Cunningham v. Long Beach Memorial (LA Sup. Ct., BC421688) — Summary judgment (putative class).
  • McCoy v. Saddleback Memorial Medical Center (Orange Sup. Ct., 30-2008-00116393) — Defeated class certification.
  • Union Bank Class Action (SF Sup. Ct., CGC-10-499595) — Class certification denied; partial summary judgment granted.
  • Oberfoell v. Cedars-Sinai Medical Center (LA Sup. Ct., BC332075) — Summary judgment (proposed class).
  • Sullivan v. Kelly Services, Inc. (N.D. Cal., C 07-2784) — Summary judgment (proposed class).
  • Matlin v. Tilly’s (LA Sup. Ct., BC322422) — Defeated class certification and obtained summary judgment (proposed class).
  • McDonnell v. Whole Foods Market (LA Sup. Ct., BC323344) — Defeated class certification and obtained summary judgment (proposed class).

Trial Victories

  • Garcia v. Whole Foods Market (LA Sup. Ct., BC582010) — Six-day jury trial; complete defense verdict.
  • Rivera v. Whole Foods Market (LA Sup. Ct., LC090604) — Week-long jury trial; complete defense verdict.
  • White v. Whole Foods Market (LA Sup. Ct., BC380974) — Two-week jury trial; complete defense verdict.

Appellate Wins

  • Coordinated Union Bank Wage Hour Cases (2d DCA, B295835; LA Sup. Ct., JCCP4866) — Class-certification denial affirmed.
  • David v. Queen of the Valley Medical Center (51 Cal.App.5th 653 (2020); Napa Sup. Ct., 26-67321) — Summary judgment affirmed.
  • Guerrero v. Whole Foods Market (2d DCA, B305799; LA Sup. Ct., 19STCV02239) — Summary judgment affirmed.
  • Willis v. Driltek (9th Cir., 17-17397, 17-17472; E.D. Cal., 1:15-cv-00688) — Summary judgment affirmed.
  • Gerard v. Orange Coast Memorial Medical Center (Cal. Sup. Ct., S241655) — Unanimous California Supreme Court decision for employer.
  • Lampe v. Queen of the Valley Medical Center (19 Cal.App.5th 832 (2018); Napa Sup. Ct., 26-61568) — Class-certification denial affirmed.
  • Zumbowicz v. HASC (LA Sup. Ct., BC360399) — Summary judgment affirmed.
  • Hamilton v. Long Beach Memorial Medical Center (LA Sup. Ct., BC322076) — Summary judgment affirmed.
Credentials
Education

J.D., UCLA School of Law, 1997

B.A., Georgetown, University, 1994, magna cum laude

Admissions

All California courts

U.S. District Court for the Central District of California

U.S. District Court for the Northern District of California

U.S. District Court for the Southern District of California

U.S. Court of Appeals for the Ninth Circuit

Honors
  • Recognized for Employment Law, Best Lawyers, 2021-2023, 2025-2026
  • Labor & Employment, Legal 500, 2012-2014 and 2017-2019
  • Southern California Super Lawyer, Super Lawyers, 2011-2014
Thought Leadership
  • Speaker, "Taking a Shot at COVID-19: What Restaurants Need to Know About Vaccinating their Workforce," National Restaurant Association Webinar, February 11, 2021
  • Speaker, "Extended COVID-19 Furloughs, Layoffs and Other WARN Act Concerns: Avoiding Notice Requirement Pitfalls," National Restaurant Association Webinar, October 6, 2020
  • Speaker, "Virtual Happy Hour and Roundtable with Sheppard Mullin," ACC San Francisco Bay Area Food & Beverage Group Webinar, May 28, 2020
  • Speaker, "Returning to Work: Your Questions Answered," National Restaurant Association Show Webinar, May 27, 2020
  • Speaker, "Navigating COVID-19 Issues: Practical Tips for Your Food Manufacturing Business," Sheppard Mullin Roundtable Webinar, April 30, 2020
  • Speaker, "Wage and Hour Issues for Food Companies," CLE International's 3rd Annual Food Law Conference, Denver, Colorado, April 20, 2018