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, 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, 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.
About David Mastagni
Law School: University of California Berkeley School of Law - Boalt Hall
Admitted: 1999, California
Blog: mastagnilaw.blogspot.com/
Professional Webpage: www.mastagni.com/attorneys/David-E.-Mastagni/
Honors and Awards:
- Issued the highest Peer Review Rating of AV Preeminent., AV Preeminent Rating, Martindale-Hubble
Bar/Professional Activity:
- American Bar Association
- Sacramento County Bar Association
Scholarly Lectures and Writings:
- 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 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
- 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
Verdicts and Settlements:
- 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. 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.
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
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
Other Outstanding Achievements:
- Issued the highest Peer Review Rating of AV Preeminent., AV Preeminent Rating,Martindale-Hubble.
Educational Background:
- University of California, Davis, B.A., Cum Laude, 1996
Social/Professional Services