David E. Mastagni
Top rated Employment & Labor attorney in Sacramento, California
Mastagni Holstedt, APC
Practice Areas: Employment & Labor, Class Action & Mass Torts; view more
Licensed in California since: 1999
Education: University of California Berkeley School of Law
Selected to Super Lawyers: 2015 - 2024 
Selected to Rising Stars: 2011 - 2014 Details
David Emilio Mastagni is a partner with the law firm of Mastagni Holstedt, APC, who focuses on representing public employee unions and their members. His labor and employment law practice includes administrative hearings, pension litigation, writs of mandamus, class actions, and appeals. 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.
David is an experienced panel attorney for the Peace Officers' Research Association of California (PORAC) Legal Defense Fund and frequently lectures on police reforms, Constitutional rights, collective bargaining, and public employee discipline. He provides legal analysis and testimony on behalf of his law enforcement and fire fighter clients at the California legislature on bills affecting public safety employees.
Since graduating from U.C. Berkeley School of Law in 1999, David has attained the highest Peer Review Rating of AV Preeminent by Martindale-Hubbell and was named to Super Lawyers Northern California Rising Stars from 2011-2014 and to Super Lawyers Northern California every year since 2015. He has been named to Top Attorneys in Sacramento by Sacramento Magazine since 2015. David was recognized in the Best Lawyers in America 2023 for labor and employment litigation.
*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
Employment & Labor: Employee, Class Action/Mass Torts: PlaintiffFocus areas
Class Actions, Employment Law - Employee, Labor Law, Unions, Wage & Hour Laws
- 70% Employment & Labor: Employee
- 30% Class Action/Mass Torts: Plaintiff
First Admitted: 1999, California
Professional Webpage: https://www.mastagni.com/attorneys/partners/david-e-mastagni...
Honors/Awards:
- Issued the highest Peer Review Rating of AV Preeminent., AV Preeminent Rating, Martindale-Hubble
- Recognized in The Best Lawyers® in America 2023 for work in Litigation - Labor and Employment., Best Lawyers® in America, 2023
- American Jurisprudence Bancroft-Whitney Award, UC Berkeley SOL Boalt Hall
- Best of the Bar 2013-2016, Sacramento Business Journal
- America’s Top 100 High Stakes Litigators, 2018
- Sacramento Magazine contracted with Professional Research Services to find out just who these stellar lawyers are. The voting for Professional Research Services’ survey to determine the top attorneys in 2016 for Sacramento Magazine was open to all licensed attorneys in Sacramento, Calif. Attorneys were asked whom they would recommend among 56 legal specialties, other than themselves, in the Sacramento area. Each attorney was allowed to recommend up to three colleagues in each given legal specialty. Once the online nominations were complete, each nominee was carefully evaluated on the basis of the survey results, the legitimacy of their license, and their current standing with the State Bar of California. Attorneys who received the highest number of votes in each specialty are reflected in the following list., Top Attorneys in Sacramento 2015-2019, Sacramento Magazine
Representative Clients:
- Alameda County Deputy Sheriffs Association; Bart Police Officers Association; California Peace Officers Association; El Dorado County Deputy Sheriffs Association; Los Angeles Airport Peace Officers Association; Los Angeles City Attorenys Assocaition; Monterey County Deputy Sheriffs Association; Mountain View Professional Fire Fighters, Local 1965; Napa City Fire Fighters Local 3124; Ontario Police Officers Association; Placer County Deputy Sheriffs Association; Sacramento Police Officers Association; Sacramento County Deputy Sheriffs Association; Sacramento Area Fire Fighter, Local 522; San Bernardino County Firefighters, Local 935; San Bernardino County Public Attorneys; 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
Bar/Professional Activity:
- Labor and Employment Law Section of the State Bar of California
- California Employment Lawyers Association
- Sacramento County Bar Association
- AFL-CIO Lawyers Coordinating Committee
- American Bar Association, Section of Labor and Employment Law
- American Association for Justice
Educational Background:
- University of California, Davis, B.A., Cum Laude, 1996
Videos:
- 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
- On December 16th, David E. Mastagni testified in support of public safety labor rights before the California Assembly Select Committee on Police Reform, Next Steps: Understanding Peace Officer Bill of Rights. In defending the Public Safety Officers' Procedural Bill of Rights ("POBR"), David explained that the core of the POBR simply codifies basic labor rights to representation during a disciplinary investigation (i.e. Weingarten rights) and Constitutional Due Process rights to appeal a deprivation of officers' property interest in their continued employment. , David E. Mastagni Testifies Before the Assembly Select Committee on Police Reform: Understanding Peace Officer Bill of Rights, Law Enforcement, 2021
- On Tuesday, April 19, David E. Mastagni testified before the California Assembly against AB 2557, created by California State Representative, Mia Bonta. This appointed bill would make all law enforcement personal records public in any agency where a civilian oversight board has access to citizen complaint investigations, regardless of the nature of the allegations or whether they were sustained. The bill claims it would make police officers more accountable, however, the bill is not taking into account the risk of defamation, ridicule and harassment for innocent police officers due to the timing of released information before the officer is cleared. , David E. Mastagni Testifies Against AB 2557, Stating it Would Tarnish Innocent Police Officers, Privacy Rights, Union Rights, Law Enforcement, 2022
- On April 26, David E. Mastagni testified in front of the Senate Public Safety Committee in opposition of S.B. 1088. The Bill is modeled after recommendations to weaken peace officer due process rights issued by Ronald Yank and Barry Winograd, David's Labor Law professor at U.C. Berkeley School of Law. In essence, SB 1088 would create a balancing testing which would deny officers a remedy for POBR violations if the seriousness of the allegations outweighs the significance of the POBR violation. David pointed out that most POBR remedies are simply to exclude improperly obtained evidence or provide officers access to improperly withheld materials. Ironically, the Bill would incentivize IA investigators to cut corners and violate procedural rights by eliminating agency accountability. , David E. Mastagni Testifies Against Bill to Limit POBR Remedies (SB 1088, Bradford), Union Rights, Law Enforcement, 2022
- On June 28, 2022, David E. Mastagni testified on behalf of PORAC and CAHP against S.B. 505 (Skinner) which if enacted would erect new barrios for the exercise of Californians' Second Amendment rights. The bill would make a person who owns a firearm strictly civilly liable for each incidence of property damage, bodily injury, or death resulting from the use of their firearm unless the owner of the firearm has reported their firearm to local law enforcement as lost or stolen prior to the damage, injury, or death. Additionally, S.B. 505 would require a person who owns a firearm to obtain and continuously maintain a homeowner's, renter's, auto, or gun liability insurance policy specifically covering losses or damages resulting from any negligent or accidental use of that firearm, including but not limited to, death, injury, or property damage. David testified that his law enforcement clients understand first-hand the scourge of gun violence. Unfortunately, S.B. 505 will have little impact on individuals who commit crimes with guns, but will impose significant burdens on the Constitutional rights of law-abiding citizens. SB 505 cannot withstand the standard set forth in New York State Rifle & Pistol Ass'n, Inc. v. Bruen., David E. Mastagni Testifies Against S.B. 505 (Strict Liability & Insurance for Firearms) on Behalf of PORAC & CAHP, Constitutional Rights, 2022
- In Anthony Sanders, et al. v. County of Ventura, current and former members of the Ventura County Deputy Sheriffs’ Association (“DSA”) and the Ventura County Professional Firefighters’ Association (“PFA”) filed an FLSA lawsuit challenging the County's unlawful pay practice of imposing an involuntary deduction from the earnings of employees who waive health insurance in order to defray the benefit costs of other employees. The suit alleges the fee constitutes an illegal kickback of wages. The County unilaterally imposed this "Opt-out Fee", which subsumes most of the Flexible Benefit Allowance (“Allowance”) paid to the Plaintiffs as income. On August 22, 2023, David E. Mastagni argued this case before the Ninth Circuit Court of Appeals. This appeal seeks reversal of the district court’s error in granting the County's cross-motion for summary judgment/adjudication based entirely upon its finding that the involved Flexible Benefits Plans were “bona fide” and the County’s cash-in-lieu payments were “incidental.” The bona fide dispute is not dispositive of the claims raised in Plaintiffs/Appellants’ lawsuit. The County admitted that the opt-out fee is first paid to Plaintiff as gross income within the meaning of I.R.C. § 61 and reflected in Plaintiffs’ paystubs as earnings. David argued that because the full Allowance is paid directly to Plaintiffs prior to the deduction of an “Opt-out Fee”, the fee cannot be excluded from the regular rate of pay. In short, plaintiffs contend direct payments to employees who waive health insurance, the opt out fee cannot be excluded from the employee’s “regular rate of pay” pursuant to 29 U.S.C. § 207(e)(4). Flores v. City of San Gabriel, 824 F.3d 890, 901-02 (9th Cir. 2016), cert. denied, 137 S. Ct. 2117 (2017). However, this action is primarily a dispute over whether the fee constitutes an unlawful deduction for which Plaintiffs are entitled to restitution. Because the FLSA involves overtime claims, the suit seeks restitution by alleging no overtime can be deemed paid until these Opt-out Fee deductions are repaid. The FLSA also prohibits deductions unless they are voluntary and the employer derives no benefit from the deduction. Here, Plaintiffs contend the deductions are involuntary and benefit the County by defraying its labor costs. Finally, the FLSA requires overtime rates to be calculated on a pre-deduction basis. 29 C.F.R. § 531.37(b)., David E. Mastagni argues before the Ninth Circuit Court of Appeals in Anthony Sanders, et al. v. County of Ventura, 2023
- On May 5, 2020, the California Supreme Court heard oral arguments via video-conference in the much anticipated appeal over whether promised pension benefits are vested rights protected by the U.S. and California Contracts Clauses. (Alameda County Deputy Sheriffs' Association et al. v. Alameda County Employees' Retirement Association et al., S247095) Arguing on behalf of the Alameda County Deputy Sheriffs’ Association, David E. Mastagni explained how the County of Alameda recruited deputies by promising that if the deputies devoted 30 years of service in law enforcement, the County would provide them substantial deferred compensation in the form of a pension calculated as a percentage of their "compensation earnable." The County promised to apply the definition of "compensation earnable" that was established by a court approved settlement order in 1999. In 2012, Governor Brown signed into law PEPRA, which reduced this promised pension formula by over 15%. David detailed how the Contracts Clause was enacted after the Revolutionary War to protect Americans from legislatures changing the rules after the fact and to promote stability of contracts. He argued the federal and California Contracts Clauses are as relevant now as they were in the eighteenth and nineteenth centuries, as shifting political opinions and policy goals can make it seem attractive to raid pre-existing, long-term financial obligations whenever the state wants to spend money on priorities., David E. Mastagni Argues Over Vested Pension Rights Before The California Supreme Court, Public Employees, 2020
- 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
Special Licenses/Certifications:
- "Leadership in the Legal Profession", UC Berkeley Law, Executive Education., 2021
Scholarly Lectures/Writings:
- This presentation provided an overview of national standards for licensing peace officers and grounds for decertification with a focus on the current legislative fight in California over SB 2. Discussion of how SB 2, as originally drafted, vests power with a politically charged panel to strip officers of ability to work as a peace officer despite contrary determinations from their employing agency or the disciplinary appeal process., Speaker, All About Senate Bill 2, California Peace Officers’ Association, Law Enforcement, 2022
- Views from the trenches on issues and strategies for dealing with what can be intense public interest in access to police records., Panelist, Police Records: Update on Public Records Act Cases Filed Under Senate Bill 1421, Law Seminars International, Public Attorneys, Media, And First Amendment Advocates, 2022
- Training on national standards for licensing peace officers and grounds for decertification with a focus on the current legislative fight in California over SB 2. , Speaker, SB2-Decertification Legislation, PORAC Symposium IMPACT 2022, Law Enforcement, 2022
- Article analyzing a California Supreme Court decision answering the question of how California labor laws apply to employees who perform work inside and outside of California., Author, “California Labor Laws and Employees Who Work Both in and Out of State”, Daily Journal, Legal, 2020
- Update on cases filed under Senate Bill 1421 creating a greater public right to access police records; heightened public interest after the killing of George Floyd and resulting possibilities for further legislative action., Speaker, The Continuing Battle Over Police Records and the Public Records Act, Law Seminars International, Attorneys, Journalists, Government Officials, And Other Professionals Who Deal With CPRA, 2021
- An in-depth look at the state of police records, focusing on an overview of SB 16. , Speaker, The State of Police Records & the PRA, California Lawyers Association, Legal, 2022
- Article discussing the ruling in Alameda DSA and the new legal disputes over interpretation of the Opinion., Author, “Questions Linger After State High Court Upholds ‘California Rule’”, Daily Journal, 2021
- Article on Supreme Court ruling over whether California labor laws apply to airline employees., Author, “Wage Statement Laws for Airline Workers Not Preempted”, Daily Journal, 2021
- Discussion of how SB 2, as originally drafted, vests power with a politically charged panel to strip officers of their ability to work as a peace officer, despite contrary determinations from their employing agency or the disciplinary appeals process., Speaker, Peace Officer Licensing and Decertification: the Fight for Due Process, PORAC Legal Defense Fund Member Conference, Law Enforcement, 2021
- Last year, SB 1421 and AB 748 caught everyone by surprise. Now, one year later, this calls examined how public agencies are faring in response to requests for public records in the possession of law enforcement agencies., Speaker, Open Meetings and Open Records Conference, Session 5: Police Records—One Year Later, California Lawyers Association, Attorneys Practicing In The State Of California., 2020
- Article analyzing appellate decision extending California Labor Code protections outside the state's boundaries to oil platforms., Author, "Ruling Extends 'Home Base' Rule to Apply Labor Code to Oil Rigs", Daily Journal, Legal, 2020
- Explanation of the two year legislative fight over changes to statutes governing self-defense and use of force for law enforcement, comparison of changes in legal standards and discussion of policy implications., Speaker, Use of Force After A.B. 392 & S.B. 230: New Standards & Policies, California Association of Highway Patrolmen, Law Enforcement, 2020
- Four hour POST certified section of Internal Affairs Seminar covering 1983 liability, Brady disclosures, First and Fourth Amendment restrictions on police discipline, and the Public Safety Officer's Procedural Bill of Rights., Instructor, Police Civil Rights Considerations and Constitutional Limitations in Police Disciplinary Activities, California State University at Long Beach, Center for Criminal Justice Research and Training, Criminal Justice, 2019
- Lectured on panel with Anaheim Chief of Police Jorge Cisneros, LCW Managing Partner Scott Tiedemann & Asst. Riverside City Atorney Neil Okazaki regarding recent legislation and changes at police departments with regards to use of force, body worn cameras, incident reporting, transparent disclosure of police personnel records, and training. This session discussed the cutting edge issues driving the framework under which law enforcement agencies operate in California today and how that is related to the public’s interest in accountability and transparency., Speaker, Re-imagining Modern Policing In California, League of California Cities Annual Conference & Expo, City Officials, 2019
- Presentation with Gabe Caswell, Senate Committee on Public Safety, and Jeff Glasser, genral counsel to LA Times and SD Union-Tribune, over Senate Bill 1421, access to police records, and numerous lawsuits over the applicationof 1421., Speaker, Battle Royal Over Police Records and the PRA, Law Seminars International, Public Lawyers, First Amendment, Media, 2019
- Comprehensive 2 day, 16 hour POST class providing training on how to respond to Public Records Act requests. Class provides statutory and case law requirements in the dissemination of public records. Topics covered include: Overview of the California Public Records Act; Records exempt from public disclosure; Fees for PRA requests and other processes; Record retention requirements; Evidence Code 1043 and Subpoena Duces Tecum (SDT); and Discovery in Federal Court., Lecturer, “Public Records Act”, California Peace Officers’ Association, Law Enforcement, 2018
- For decades, California peace officer personnel records could only be obtained through the Pitchess motion procedure and records of criminal investigations could be kept confidential. This regime changes on January 1, 2019 when Senate Bill 1421, and becomes more complicated on July 1, 2019, when AB 748 takes effect. The expert panel provided practical guidance regarding specific timelines for disclosure; exceptions to the production requirements; and requirements that allow members of the public to obtain certain, frequently high profile and controversial categories of peace officer personnel records by submitting a California Public Records Act (CPRA) request. The panelists offered strategic insights regarding how to limit the negative fallout and even turn increased transparency to your agency’s advantage., Lecturer, “Managing (Not So) Confidential Records in a New Era of Transparency: Labor and Management Attorneys Provide Strategic Guidance for Confronting SB 1421 and AB 748”, California Police Chiefs Association Annual Training Symposium on March 8, 2019, Law Enforcement Managers, 2019
- POST training on the impacts of SB 1421 on peace officer privacy and CPRA disclosure requirements., Lecturer, “Records Release Mandates: Law Enforcement's New Normal”, California Peace Officers’ Association, Law Enforcement Managers, 2019
- David spoke on a panel at California Lawyers Association Open Meetings and Open Records Conference 2019 on May 31, 2009 reagarding S.B. 1421. In 2018, California made wide-sweeping changes to laws that govern police agency records — both personnel records and body camera footage. This class explained those changes and discussed the impact of the new laws on law enforcement agencies., Lecturer, “An Update on the State of the PRA and Police Personnel Records”, California Lawyers Association Open Meetings and Open Records Conference 2019, Attorneys, 2019
- 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
- Overview of the FLSA and discussion of law enfrocement specific applciations of the FLSA., Lecturer, FLSA Tactical Training for Law Enforcement: The Basics, Emerging Issues, and Defeating Management Dirty Tricks to Undermine the FLSA at the Table, Peace Officers Research Association of California Annual Symposium, Law Enforcement, 2018
- 30 hour P.O.S.T. approved course course covering a variety of law enforcement related legal issues., Lecturer, “Law Enforcement and Legalities in the New Millennium”, Alameda Deputy Sheriffs' Association, Law Enforcement, 2017
- Provided training to public agency employees on statutory and case law requirements in the dissemination of public records. Provided an overview of the California Public Records Act, records exempt from public disclosure, fees for PRA requests and other processes, record retention requirements, Evidence Code 1043 and Subpoena Duces Tecum (SDT), and Discovery in Federal Court. , Lecturer, Public Records Act, California Peace Officers’ Association, Sworn, Non-sworn And Legal Professionals In Law Enforcement., 2018
- For decades, California peace officer personnel records could only be obtained through the Pitchess motion procedure and records of criminal investigations could be kept confidential. This regime changes on January 1, 2019 when Senate Bill 1421, and becomes more complicated on July 1, 2019, when AB 748 takes effect. The expert panel will provide practical guidance regarding specific timelines for disclosure; exceptions to the production requirements; and requirements that allow members of the public to obtain certain, frequently high profile and controversial categories of peace officer personnel records by submitting a California Public Records Act (CPRA) request. The panelists will also offer strategic insights regarding how to limit the negative fallout and even turn increased transparency to your agency’s advantage., Lecturer, Managing (Not So) Confidential Records in a New Era of Transparency: Labor and Management Attorneys Provide Strategic Guidance for Confronting SB 1421 and AB 748, California Police Chiefs Association Annual Training Symposium, Law Enforcement, 2019
- 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
- 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
- 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
- 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 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
- 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
- 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
- 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 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
- 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 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 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
- 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 June 10, 2015, June 8, 2016, June 7, 2017, and June 22, 2018, taught class 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
- 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 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 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
- Provided selected case summaries published in the "2016 Midwinter Treatise Supplement: The Fair Labor Standards Act" by the American Bar Association, Contributing Author, www.americanbar.org/content/dam/aba/events/labor_law/2016/02/FLSL/papers/flsa.authcheckdam.pdf, Section of Labor and Employment Law, Fair Labor Standards Act Subcommittee, 2016
- Provided selected case summaries published in the "2017 Midwinter Treatise Supplement: The Fair Labor Standards Act" by the American Bar Association, Contributing Author, www.americanbar.org/content/dam/aba/events/labor_law/2017/02/flsl/papers/flsa.authcheckdam.pdf, Section of Labor and Employment Law, Fair Labor Standards Act Subcommittee, 2017
- Speaker, “Overtime pay for cash in lieu payments to employees? Navigating the complex world of FLSA compliance post Flores v. City of San Gabriel”, State Bar of California, Labor & Employment Law Section 23rd Annual Public Sector Conference, 2017
- Presenter, “Law Enforcement and Legalities in the New Millennium”, Alameda County Deputy Sheriff’s Assn, 30 Hour P.O.S.T. Approved Course, 2017
- On April 10, 2018, was a lecturer at PORAC Issues Symposium 2018 on wage and hour laws and issues affecting public safety employees. “FLSA Tactical Training for Law Enforcement: The Basics, Emerging Issues, and Defeating Management Dirty Tricks to Undermine the FLSA at the Table”, Peace Officers Research Association of California, Law Enforcement, 2018
- Associate Editor, Berkeley Journal of Labor and Employment
- Member, California Law Review
- 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
- 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
- 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 correctional officers throughout the United States., Lecturer, Wage and Hour Issues For Correctional Professionals, Corrections USA, Correctional Officers, 2011
Verdicts/Settlements (Case Results):
- Imperial County Sheriff's Association v. County of Imperial (2023) 2023 WL 333707, published opinion reversing trial court denial of class certification in lawsuit challenging pension contribution rates., 2023
- In Goldthorpe v. Cathay Pacific Airways Limited (2023) District Court Judge Vince Chhabria granted our motion for summary judgment holding that commercial airline pilots are exempt from overtime as learned professionals. This ruling is significant because the dispute over the application of the Learned Professional Exemption is an issue of first impression in the Ninth Circuit, and a Circuit split exists on the issue between the Third and Fifth Circuits. , 2023
- In Taylor et al v. The Board of Trustees of the Leland Stanford Junior University (Case 4:18-cv-05248-JSW) the district court approved a $278,500.00 settlement of a hybrid FLSA collective action and state law class action for 49 officers., 2022
- Alameda County Deputy Sheriff's Association v. Alameda County Employees' Retirement Association (2020) 9 Cal.5th 1032, argued case before the California Supreme Court which upheld the “California Rule” on pensions while ruling AB 340 did not violate the Contracts Clause., 2020
- Vandenberg et al v. County of Los Angeles (C.D. Cal., Feb. 1, 2021, Case No. 5:18-cv-01625-DSF-KK) consolidated settlement with Ferguson et al v. County of Los Angeles (C.D. Cal., Feb. 1, 2021, Case No. 2:18-cv-06861-DSF-KK) of an FLSA collective action that resulted in payment of approximately $3,000,000.00 to the joined plaintiffs and over $26,000,000.00 in back-pay countywide including direct payments outside the action. , 2021
- Strong v. C & H Sugar Company, Inc. et al (N.D. Cal. 2019, Case 3:17-cv-00480-RS), a wage and hour class action for approximately 110 sugar workers, settled for $515,000.00., 2019
- Padilla v. City of Richmond (N.D. Cal., Dec. 23, 2020) 509 F.Supp.3d 1168, court overturned a DOL Regulation excluding holiday in Lieu pay from firefighter overtime. The Regulation was enacted at the request of a municipal attorney organization to overturn companion cases Englert v. City of Merced (E.D. Cal., Dec. 21, 2018, No. 118CV01239LJOSAB) 2018 WL 6727995 and McKinnon v. City of Merced (E.D. Cal., Dec. 17, 2018, No. 118CV01124LJOSAB) 2018 WL 6601900. States McKinnon v. City of Merced (E.D. Cal., Dec. 17, 2018, No. 118CV01124LJOSAB) 2018 WL 6601900, at *1, 2020
- Khanna, et. al. v. Intercon Security Systems, Inc., (E.D. Cal. 2014) 2014 WL 1379861, an FLSA/state law hybrid class action settlement for $390,000., 2014
- Quiroz v. City of Ceres (E.D. Cal., Mar. 1, 2019, No. 117CV00444DADBAM) 2019 WL 1005071, a wage and hour collective action for 20 public safety employees, settled for $150,000., 2019
- Ryan v. Chino Valley Independent Fire District (C.D. Cal. 2019, No. 5:19-cv-01490-JGB-(SPx)), an FLSA action on behalf of approximately 103 fire fighters over the failure to include cash in lieu of heath care benefits in overtime, settled for $1 million., 2019
- Aboudara v. City of Santa Rosa (May 10, 2019, Case No. 4:17-cv-01661-HSG) a wage and hour collective action for 129 Santa Rosa Fire Fighters, settled for $976,672.28., 2019
- Seguin v. County of Tulare (E.D. Cal., Apr. 24, 2018, No. 116CV01262DADSAB) 2018 WL 1919823, an FLSA action on behalfof 135 deputies and fire fighters over the failure to include holiday pay and cash in lieu of heath care benefits in overtime, settled for over $190,000.00., 2018
- Valentine v. Sacramento Metropolitan Fire District (E.D. Cal., Feb. 15, 2019, No. 217CV00827KJMEFB) 2019 WL 651654, an FLSA action over exclusion of holiday pay and cash in lieu of heath care benefits from fire fighters' overtime. Settled for over $1.376 million. , 2019
- 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
- Cal Fire Local 2881 v. California Public Employees' Retirement System (2019), ---P.3d---, 2019 WL 1008413, filed amicus curiae brief in support of the Court's decision to preserve the California Rule., 2019
- Englert v. City of Merced (E.D. Cal., Dec. 21, 2018, No. 118CV01239LJOSAB) 2018 WL 6727995, a 12(b)(6) ruling holding that holiday pay must be included in fire fighters overtime rate of pay., 2018
- In Goldthorpe v. Cathay Pacific Airways Limited (N.D. Cal. 2018) 279 F.Supp.3d 1001 obtained order holding pilots based in SF and LA are covered by California's wage and hour laws during flights between their home base and Hong Kong., 2018
- 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
- In Earl v. State Personnel Board (2014) 231 Cal.App.4th 459 filed amicus brief in support of sucessful appeal holding service of Letter of Intent by certified mail was insufficient to “notify” officer of proposed discipline within one year under POBRA., 2014
- 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
- 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.
- In City of San Jose v. Superior Court (2017) 2 Cal.5th 608 filed brief for amicus curia in Supreme Court appeal which held CPRA disclosure requirements apply to public officials’ private voicemails, e-mails, and text messages relating to city business., 2017
- 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
- In City of Palo Alto v. Public Employment Relations Board (2016) 5 Cal.App.5th 1271, review denied (Mar. 15, 2017), obtained appellate Opinion holding the City of Palo Alto failed to consult in good faith with firefighters' union over city's vote to repeal city charter provision requiring binding interest arbitration upon impasses in wage negotiations. , 2017
- 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
- In Blanco et al v. City of Rialto Case (C.D. Cal. 2017), Case No. 5:17-cv-00994-R-DTB, negotiated a $2.9 million settlement of a wage and hour collective action involving over 226 employees, including police officers and fire fighters., 2017
- 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
- In Alameda County Deputy Sheriff's Association v. Alameda County Employees' Retirement Assn. (2018) 19 Cal.App.5th 61, represented ACDSA in consolidated cases challenging constitutionality of PEPRA, petition for review pending., 2018
- 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
- 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. 1331; Sacramento 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. , 2004
- 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
- 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
- In Slezak v. City of Palo Alto (N.D. Cal., June 22, 2017, No. 16-CV-03224-LHK) 2017 WL 2688224, settled FLSA collective action for $165,00.00 on behalf of 8 plaintiffs and 83 putative plaintiffs., 2017
- 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
- In Association of Los Angeles City Attorneys v. City of Los Angeles (C.D. Cal., 2012), No. CV 12-4235 MMM (JCX)) 2012 WL 12887541, obtained order denying motion to dismiss plaintiff's Contract Clause claims under the U.S. and California Consitutions challenging the City of Los Angeles' imposed furloughs., 2012
- 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
- In Briggs v. Brown (2017) 3 Cal.5th 808, we filed amicus brief on behalf of PORAC contributing to the Supreme Court decision upholding the Constitutionality of Proposition 66, the Death Penalty Reform and Savings Act of 2016., 2017
- 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
- In Christopher Hilliard v. City of Upland (C.D. Cal., 2018) 5:16-cv-01272-SJO-AFM obtained over $108,000.00 settlement in a wage and hour collective action for approximately 57 employees., 2018
- In Atencio et al. v. City of Azusa (C.D. Cal., 2018), Case No.: 5:17-cv-01892 obtained $1.5 million settlement in a wage and hour collective action for approximately 229 employees., 2018
- 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
- 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
- In Association of Los Angeles City Attorneys v. City of Los Angeles (2013), LA County Superior Court, Case No. BS135294, sucessfully petitioned for a writ of mandate finding the City of Los Angeles' freeze on the retiree medical subsidy was an unconstitutionally impairment of contract., 2013
- 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
- In City of Palo Alto v. Public Employment Relations Board (2016) 5 Cal.App.5th 1271, obtianed published opinion requiring the City to meet and consult in good faith with firefighters' union over repeal of charter binding interest arbitration as impasse dispute resolution procedure., 2016
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