David E. Mastagni

Attorney Profile

Top Rated Employment & Labor Attorney in Sacramento, CA

Mastagni Holstedt, A.P.C.
 | 1912 I Street, Sacramento, CA 95811
Phone: 800-559-5379
Selected to Super Lawyers: 2015 - 2017
Selected to Rising Stars: 2011 - 2014
Licensed Since: 1999
Practice Areas:
  • Employment & Labor (50%),
  • Class Action/Mass Torts (40%),
  • Employment Litigation: Plaintiff (10%)
Attorney Profile

Lawyer David E. Mastagni is a partner with the law firm of Mastagni, Holstedt, Amick, Miller & Johnsen in Sacramento, California. Rated as an AV-Preeminent* attorney, he focuses his practice on representing clients in employment and labor law matters. In particular, he handles complex civil, class action and collective action litigation, claims arising out of the Fair Labor Standards Act, the United States and California Constitutions, the Public Safety Officers' Procedural Bill of Rights, the California Labor Code, the Myers-Milias-Brown Act and other statutes protecting the rights of employees.

Among his other legal activities, Mr. Mastagni is an experienced panel attorney for the Peace Officers' Research Association of California (PORAC) Legal Defense Fund. He frequently gives lectures on the Public Safety Officers Procedural Bill of Rights, Constitutional Rights, critical incident investigations, labor relations issues and other issues relating to the Fair Labor Standards Act (FLSA).

Mr. Mastagni received his law degree from Boalt Hall School of Law at the University of California, Berkeley. He is admitted to practice in California, the U.S. District Courts of Southern, Eastern, Northern and Central Districts of California, the 9th Circuit Court of Appeals and the U.S. Supreme Court.

*AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories - legal ability and general ethical standards.

 
Practice Areas
Lawyer Practice Area Pie Chart

Employment & Labor (50%): Employment Law - Employee, Unions, Wage & Hour Laws, Labor Law

Class Action/Mass Torts (40%): Class Actions

Employment Litigation (10%)

Focus Areas

Employment & Labor: Employment Law - Employee, Unions, Wage & Hour Laws, Labor Law

Class Action/Mass Torts: Class Actions

Selections

Selected to Super Lawyers for 3 yearsmiddle-imageSelected to Rising Stars for 4 years

Super Lawyers: 2015 - 2017 Rising Stars: 2011 - 2014

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About David Mastagni

Admitted 1999, California

Professional Webpage: www.mastagni.com/attorneys/David-E.-Mastagni/

Honors and Awards:

  • Best of the Bar, Sacramento Business Journal, 2015
  • Top Attorneys in Sacramento, Sacramento Magazine, 2015
  • Best of the Bar, Sacramento Business Journal, 2014
  • Best of the Bar, Sacramento Business Journal, 2013
  • Issued the highest Peer Review Rating of AV Preeminent., AV Preeminent Rating, Martindale-Hubble
  • American Jurisprudence Bancroft-Whitney Award, UC Berkeley SOL Boalt Hall

Bar/Professional Activity:

  • Sacramento County Bar Association
  • American Association for Justice
  • California Employment Lawyers Association
  • AFL-CIO Lawyers Coordinating Committee
  • Labor and Employment Law Section of the State Bar of California
  • American Bar Association, Section of Labor and Employment Law

Scholarly Lectures and Writings:

  • On November 18, 2016, spoke as a penalist regarding the impact of recent court decisions on the "vested rights" doctrine and pension security for California public employees. , Panel, "Shots Fired, Union Down: MAPE v. MCERA and Other Legal Assaults on Public Sector Unions", PORAC, Law Enforcement, 2016
  • On November 25, 2015, taught class will on the law governing vested rights, recent litigation over impairment of retiree medical benefits, how to negotiate retiree subsidies that vest beyond the term of the MOU, alternatives to medical subsidies and negotiating changes in medical benefits under the ACA., Lecturer, “Vested Rights and Protecting Health Care Benefits During Negotiations, PORAC, Law Enforcement, 2015
  • On September 11, 2015, spoke as a panelist regading the impacts of Brady discovery obligations on peace officers., Speaker, Brady Reality: Living With & Understanding and its Responsibilities & Implications, California District Attorney Investigators Association 2015 Annual Training Conference, 2015
  • On June 10, 2015, taught class with Los Angeles Times counsel Jeffery Glasser regarding application of the CPRA to police investigations, parole records, peace officer personnel files, the pitchess process, police shootings, body worn camera footage, and other issues relating to what records have to be disclosed by law enforcement agencies., Speaker, Public Records Act Litigation: Special Issues Involving Law Enforcement, Law Seminars International, CPRA Lawyers And Public Officials, 2015
  • Provided selected case summaries published in the "2015 Midwinter Treatise Supplement: The Fair Labor Standards Act" by the American Bar Association, Contributing Author, "2015 Midwinter Treatise Supplement: The Fair Labor Standards Act", Section of Labor and Employment Law, Fair Labor Standards Act Subcommittee, 2015
  • On November 22, 2014, lectured on negotiating critical issues to law enforcement association leaders. The class taught information needed to enforce legal rights and negotiate the most effective policies on Body Cameras, AVL, and Post-PEPRA Pensions., Lecturer, “Negotiating Effective Policies on Critical Issues: Body Cameras, AVL, and Post-PEPRA Pensions”, PORAC, Law Enforcement, 2014
  • Provided selected case summaries published in the "2014 Midwinter Treatise Supplement: The Fair Labor Standards Act" by the American Bar Association, Section of Labor and Employment Law, Fair Labor Standards Act Subcommittee.  , Contributing Author, 2014 Midwinter Treatise Supplement: The Fair Labor Standards Act, American Bar Association, Section of Labor and Employment Law, Fair Labor Standards Act Subcommittee, 2014
  • February 6, 2013 presentation over legal issues associated with social media and recent efforts to discharge pension obligations in bankruptcy, "Social Media for Public Employees: What’s Legal?” & "Discharging Pension Obligations in Bankruptcy", Lecturer, Corrections USA, Correctional Officers, 2013
  • On November 23, 2013, lectured law enforcement personnel to the cutting edge of key legal and practical issues surrounding the use of new technology by employees. This class surveyed the legal contours of emerging employee rights and agency responsibilities related to social media use by sworn and non-sworn personnel., Social Media: What’s Legal? New Legal Rights and Responsibilities for Peace Officers, Unions, and Employers” , Peace Officers Research Association of California, Law Enforcement, 2013
  • On July 17, 2013, lectured correctional officers regarding cutting edge legal and practical issues surrounding the use of new social media technology by employees. This class surveyed the legal contours of emerging employee rights and agency responsibilities related to social media use by sworn and non-sworn personnel., Lecturer, SOCIAL MEDIA: WHAT’S LEGAL? New Legal Rights and Responsibilities for Peace Officers, Unions, and Employers, California Correctional Peace Officers Association, Law Enforcement, 2013
  • On April 9, 2013, was a panelist and lecturer for PORAC Symposium on municipal bankrupcty that provided an overview of his representation of the Stockton Police Officers Assocaition through the process and discussed the legal issues and strategies for avoiding/surviving a Chapter 9 filing., “Municipal Bankruptcy: Coming Soon To a Location Near You?”, , Peace Officers Research Association of California, Law Enforcement, 2013
  • Provided selected case summaries published in the "2013 Midwinter Treatise Supplement: The Fair Labor Standards Act" by the American Bar Association, Section of Labor and Employment Law, Fair Labor Standards Act Subcommittee., Contributing Author, 2013 Midwinter Treatise Supplement: The Fair Labor Standards Act, American Bar Association, Section of Labor and Employment Law, Fair Labor Standards Act Subcommittee, 2013
  • On September 10, 17, and 25, 2012, lectured law enforcement administrators and supervisors regarding cutting edge legal and practical issues surrounding the use of new social media technology by employees.  This class surveyed the legal contours of emerging employee rights and agency responsibilities related to social media use by sworn and non-sworn personnel., Trainer, New Technology- What’s Legal?, California Peace Officers Association, Law Enforcement, 2012
  • On October 17, 2012, lecturered law enforcement managers on recent advances in video and microphone technology in law enforcement and the critical legal implications of their use out in the field and inside the department.  The training provides law enforcement legal information essential for deciding whether, and how, to capitalize on the cutting edge of technology with an eye to best practices and policy-making., Lecturer, The Latest On Video and Microphone Technology & the Law, COPSWEST, California Peace Officers' Association, 2012
  • June 28, 2012 presentation to firefighters from wester states involving legal issues relating to firefighters' use of social media.  Issues discussed included first amendment rights, privacy rights, Concerted activities, liability, and use of social media as evidence. , Lecturer, SOCIAL MEDIA: New Legal Rights and Responsibilities for Firefighters, Unions, and Employers, Michael D. McNeill Western Regional Fire Fighters Conference, Fire Service, 2012
  • On March 14, 2012, Bruce Praet and David Mastagni presented a training class to the California Police Chiefs Association regarding the factors which are contributing to the recent increase in litigation over police disciplinary matters, how agencies and executives can work to mitigate exposure, POBR issues, Brady disclosure obligations, education based discipline, regulation of social networking, officer access to video evidence, and the ongoing controversy of voluntary vs. compelled statements., Presenter, Are the Risks of Police Personnel Matters Surpassing Civil Rights Litigation?, California Police Chiefs Association, Law Enforcement, 2012
  • Provided selected case summaries published in the "2012 Midwinter Treatise Supplement: The Fair Labor Standards Act" by the American Bar Association, Section of Labor and Employment Law, Fair Labor Standards Act Subcommittee., Contributing Author, 2012 Midwinter Treatise Supplement: The Fair Labor Standards Act, American Bar Association, Section of Labor and Employment Law, Fair Labor Standards Act Subcommittee, 2012
  • Taught class regarding efforts by public entities to impair collective bargaining agreements by a majority vote to declare a fiscal emergency and suspend financial terms of the agreement.  The presentation included a case study of the litigation between the Stockton Police Officers Association and the City of Stockton over the impairmetn of the officers' labor contract., Lecturer, Collective Bargaining Under Assault: Contract Impairment Based Upon Claimed Fiscal Emergency, Corrections USA, Correctional Officers, 2012
  • Panelist at a symposium with public safetey management and employee attorneys discussing the state of negotiations for local public employees and employers.  David lectured the class on the legal issues, recent litigation and bargaining trends relating to furloughs, layoffs and reductions in work., Lecturer and Panelist, The State of Local Agency Negotiations: What Is on or Just over the Horizon, Peace Officers Research Association of California, Public Safety Labor Associations, 2011
  • Lecture over various Fair Labor Standards Act issues and claims relating to Fire Fighters throughout the Western Region of the United States, Lecturer, Wage and Hour Issues for Firefighters, Michael D. McNeill Western Regional Fire Fighters Conference, Fire Services, 2011
  • Lecture over various Fair Labor Standards Act issues and claims relating to correctional officers throughout the United States., Lecturer, Wage and Hour Issues For Correctional Professionals , Corrections USA, Correctional Officers, 2011
  • The lecture involved training on the bargaining rights of local safety employee representatives and the legal recourse for enforcement of those rights.  The class focused on the novel legal issues arising as public employers are testing legal strategies to reduce labor costs that conflict with public employee bargaining rights under state law., Lecturer, Enforcement of Your Legal Rights While Negotiating Through the Economic Crisis, Peace Officers Research Association of California, Public Safety Labor, 2010
  • Article on effects of the Employee Free Choice Act of 2009 on the Workers’ Compensation arena., Impact of Employee Free Choice Act on Workers’ Compensation Claims , LexisNexis, 2009
  • Associate Editor, Berkeley Journal of Labor and Employment
  • Member, California Law Review

Verdicts and Settlements:

  • Los Angeles City Attorneys Assn. v. City of Los Angeles, Los Angeles County Superior Court, Case No. BS135294, writ of mandate finding freeze on retiree medical subsidy an unconstitutional impairment of contract., 2013
  • Stockton Police Officers Ass'n v. City of Stockton, San Joaquin County Superior Court, Case No. 39-2010-00245197 (Superior Court ruled city cannot reject labor contract by declaring a fiscal emergency.), 2012
  • Ketchum v. City of Vallejo, 523 F. Supp. 2d 1150 (E.D. Cal. 2007), at the time the opinion was issued Ketchum was the only published case holding that mounted unit officers must be paid overtime for time spend feeding, grooming, transporting and training horse maintained at the officers' residence but used for ancillary mounted patrol duties.  The Court overturned a DOL Opinion letter to the contrary in finding liability against the City of Vallejo and rejected the City's good faith defense.  The action was filed on behalf of 2 Vallejo Police Officers and the claims were resolved through a bankruptcy settlement for  for an aggregate claim of $659,880.00, a portion of which was discharged in bankruptcy., 2012
  • Mitchell v. County Of Monterey, an off-the-clock and regular rate violation action brought pursuant to the Fair Labor Standards Act (“FLSA”) involving approximately 22 Monterey County Deputy Sheriffs, which settled for approximately $441,000.00 and policy changes that included 8-16 hours of annual compensatory leave for non-parties and an overtime definition that surpasses FLSA requirements. , 2011
  • Horton et al v. County of Sacramento (2:09-cv-00806-FCD-KJN), collective action brought under the FLSA and grievance for vioaltion of MOU on behlaf of Sacramento County Probation Officers that settled globally for $210,000.00., 2011
  • Fay et al. v. The Wackenhut Corporation et al. (San Mateo County Superior Court, Case No. CIV 454586) resulted in $1.75 million settlement of lawsuit brought under state wage and labor laws on behalf of 203 current and former Wackenhut Corporation security officers.  , 2009
  • Abubakar, et al. v. County of Solano, Case No. 6-CV-2268-LKK-EFB, federal court approved FLSA settlement on behalf of over 170 Solano County correctional officers for $1.425 million., 2009
  • Black v. City of Marysville (2:06-cv-01104-GEB-EFB), a wage and hour collective action brought pursuant to the FLSA involving approximately 15 plaintiffs, which settled for approximately $120,000.;, 2008
  • Agdipa v. Grant Joint Union High School District (2:06-cv-01365-RRB-DAD), a wage and hour collective action certified pursuant to the FLSA involving approximately 17 plaintiffs, which settled for approximately $46,329.94, 2007
  • Belmont v. County of San Mateo (4:05-cv-03192-SBA), a wage and hour case brought pursuant to the FLSA involving approximately 97 San Mateo Deputy Sheriffs, which settled for approximately $180,000.00;, 2007
  • Alba v. City and County of San Francisco (Case 3:05-cv-01667-TEH), a wage and hour case brought pursuant to the Fair Labor Standards Act (“FLSA”) involving approximately 353 San Francisco Deputy Sheriffs, which settled for approximately $625,000.00;, 2007
  • Anderson et al. v. The County of Tulare (Case 1:05-cv-01498-FVS-SMS), a wage and hour case brought pursuant to the Fair Labor Standards Act (“FLSA”) involving approximately 95 plaintiffs, which successfully settled for $1,100,000.00;, 2007
  • Ahrens v. City of Roseville (2:05-cv-00389-GEB-GGH), a wage and hour case brought pursuant to the FLSA involving approximately 60 Roseville Police Officers, which settled for approximately $180,000.00., 2006
  • FLSA claim (unfiled) brought by approximately 60 Mountain View Firefighters against the City of Mountain View for violations of the FLSA settled for approximately $550,000.00., 2006
  • Abbott v. County of Sacramento (2:02-cv-00693-FCD-DAD), a wage and hour case brought pursuant to the FLSA, involving approximately 100 Sacramento County Deputy Sheriffs’ claims for work performed participating in patrol ride-alongs, which settled for approximately $900,000.00., 2005
  • An FLSA suit filed by eight (8) Alameda County Probation Officers against the County of Alameda for off the clock claims, which settled for over $300,000.00.  
  • Appellate cases include: Mortensen v. County of Sacramento, 368 F.3d 1082, 1085 (9th Cir. 2004); Placer County, Cal. v. Baldwin (2006)546 U.S. 1170, 126 S.Ct. 1331Sacramento Police Officer’s Ass’n v. Venegas (3rd Dist. 2002) 101 Cal.App.4th 916; Farnsworth v. City of Sacramento Civil Service Bd., (3rd Dist. 2003) 2003 WL 22793116; Rath v. Sacramento County Deputy Sheriffs' Ass'n (3d Dist. 2002) 2002 WL 32355.  
  • Orr v. Montague, DeRose & Associates LLC, et al. an individual Wage and Hour case brought pursuant to the FLSA and State Labor Laws, which successfully settled for $75,000.00

Representative Clients:

  • Alameda County Deputy Sheriffs Association; Bart Police Officers Association; California Peace Officers Association; El Dorado County Deputy Sheriffs Association; Monterey County Deputy Sheriffs Association; Mountain View Professional Fire Fighters, Local 1965; Napa City Fire Fighters Local 3124; Placer County Deputy Sheriffs Association; Sacramento Police Officers Association; Sacramento County Deputy Sheriffs Association; Sacramento Area Fire Fighter, Local 522; San Joaquin County Deputy Sheriffs Association; San Mateo County Deputy Sheriffs Association; Stockton Police Officers Association; Tulare County Deputy Sheriffs Association; Vallejo Police Officers Association    

Video:

  • November 20, 2012 webinar on the Government Accounting Standards Board recently issued sweeping new guidelines for how public agencies are supposed to account for pensions.  The video of the webinare lays out the nuts and bolts of the new GASB rules for pensions, what they really mean, what they don’t, and how it impacts labor negotiations.  , New GASB Rules for Pensions What Labor Leaders Need To Know, California Public Employee Labor Representatives, 2012
  • September 12, 2012 webinar regarding Governor Brown's pension reform package, AB 340, which made significant and far-reaching changes to public sector pensions in California. PORAC President Ron Cottingham joined Mastagni Law labor consultant Michael Jarvis and attorneys David E. Mastagni and Jeffrey R. A. Edwards to discuss the details of the new law, its impacts on CalPERS and 1937 Act jurisdictions, and how it affects current and new employees., The Public Employee Pension Reform Act What AB 340 Means For Public Safety, California Public Safety Employees, 2012

Newsletters:

  • Article titled "Op-ed: SPOA claims misuse of public funds for city manager's private dispute" discussing litigation over unconstitutionality of the City of Stockton declaring a fiscal emergency to impair the Stockton Police Officers' association's labor contracts and the City's counter-claims of unfair labor practices., California Employment Law Letter, Vol. 21, Issue 11, September 12, 2011, Business Professionals & Employment Lawyers, Human Resources
  • Article titled "A very, very, very fine ruling against 'emergency' power grab" explaining a court ruling against the City of Stockton's attempt to establish emergency powers to impair its financial obligations by requiring the police officers to renegotaite a closed contract outside of bankruptcy.  The article detailed that court ruling that the police had no obligation "to discuss or renegotiate terms of a closed contract, notwithstanding Stockton's declaration of fiscal emergency" and were "within [their] rights to refuse." , California Employment Law Letter,Vol. 21, Issue 22, February 27, 2012, Business Professionals & Employment Lawyers, Human Resources

Educational Background:

  • University of California, Davis, B.A., Cum Laude, 1996

Industry Groups

  • Public Safety
  • Office Location for David E. Mastagni

    1912 I Street
    Sacramento, CA 95811

    Phone: 800-559-5379

     

    David E. Mastagni:

    Last Updated: 2/15/2017

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