David E. Mastagni

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David E. Mastagni: Attorney with Mastagni Holstedt, APC
Attorney Awards
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Biography

David E. Mastagni, a partner in the Labor Department at Mastagni Holstedt, APC, is renowned for his focus on labor and employment law. He represents clients in trial and appellate litigation across California and federal courts. An experienced PORAC Legal Defense Fund panel attorney, David is admitted to practice in multiple U.S. District Courts in California, the Ninth Circuit Court of Appeals, and the U.S. Supreme Court. His practice focuses on public safety representatives, handling complex civil, class-action, and collective-action cases related to labor and employment law. David addresses claims under the Fair Labor Standards Act, the Public Safety Officers’ Procedural Bill of Rights, the California Labor Code, and the Meyers-Milias-Brown Act. He is adept in collective bargaining and interest arbitration. David has argued before the First and Third California Appellate Districts, the California Supreme Court, and the Ninth Circuit Court of Appeals, with petitions for review in the U.S. Supreme Court. A frequent lecturer on the Public Safety Officers’ Procedural Bill of Rights, labor relations, and the FLSA, David has earned the “AV Preeminent” Peer Review Rating from Martindale-Hubbell, indicating his peers rank him at the highest level of professional excellence.

Areas of Practice (1)

  • Labor and Employment

Education & Credentials

University Attended:
University of California, Davis, B.A., cum laude, 1996
Law School Attended:
Boalt Hall, University of California, Berkeley, J.D., 1999
Year of First Admission:
1999
Admission:
1999, California; Court of Appeals, Ninth Circuit; U.S. Supreme Court; 1999, U.S. District Court, Southern, Eastern, Northern and Central Districts of California
Memberships:
State Bar of California; American Bar Association; Sacramento County Bar Association; American Association for Justice.
Reported Cases:
•Abbott v. County of Sacramento (Case No. 2:02-cv-00693-FCD-DAD), a wage and hour collective action for approximately 100 Sacramento County Deputy Sheriffs, settled for approximately $900,000.00 in 2005.
•Abubakar, et al. v. County of Solano (Case No. 6-CV-2268-LKK-EFB), a wage and hour collective action for over 170 Solano County correctional officers, settled for $1.425 million.
•Alba v. City and County of San Francisco (Case No. 3:05-cv-01667-TEH), a wage and hour collective action for approximately 353 San Francisco Deputy Sheriffs, settled for approximately $625,000.00 in 2007.
•Anderson et al. v. The County of Tulare (Case No. 1:05-cv-01498-FVS-SMS), a wage and hour collective action for approximately 95 Tulare County Deputy Sheriffs, settled for $1,100,000.00 in 2007.
•Fay et al. v. The Wackenhut Corporation et al. (San Mateo County Superior Court, Case No. CIV 454586) a wage and hour class action for approximately 203 Wackenhut Corporation security officers, settled for $1.75 million in 2009.
•Ketchum v. City of Vallejo, 523 F. Supp. 2d 1150 (E.D. Cal. 2007), wage and hours case for mounted unit officers overtime for feeding, grooming, transporting and training horses maintained at the officers' residences but used for ancillary mounted patrol duties. In the only published opinion on these issues, the Court overturned a DOL Opinion letter denying claim, found liability against the City of Vallejo, and rejected the City's good faith defense. Aggregate claim of $659,880 settled in 2012 bankruptcy proceedings, pro rata.
•Mitchell v. County Of Monterey (Case No. 5:08-cv-01166-JW) FLSA wage and hour collective action for approximately 22 Monterey County Deputy Sheriffs, settled in 2011 for approximately $441,000 and policy changes that included 8-16 hours of annual compensatory leave for named plaintiffs and non-parties and an overtime definition that surpasses FLSA requirements.
•Orr v. Montague, DeRose & Associates LLC, et al., an individual Wage and Hour case brought pursuant to the FLSA and State Labor Laws, settled for $75,000An 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.
•FLSA suit filed by eight (8) Alameda County Probation Officers against the County of Alameda for off the clock claims, settled for over $300,000.
•FLSA claim (unfiled) brought for approximately 60 Mountain View Firefighters against the City of Mountain View, settled for approximately $550,000 in 2006.
•Skaggs v. Yolo County, et al. (Case 2:09-at-1300),1983 suit over constitutional and statutory privacy rights of peace officer settled in 2010.
•Olivera v. Siemens,et al., (Placer County Superior Court Case No. S-CV-0029390) pending case involving constitutional and statutory privacy claims relating to the release of peace officer personnel records.
•Sacramento Police Officer's Ass'n v. Venegas (3rd Dist. 2002) 101 Cal.App.4th 916
•Mortensen v. County of Sacramento, 368 F.3d 1082 (9th Cir. 2004)
•Placer County, Cal. v. Baldwin (2006) 546 U.S. 1170, 126 S.Ct. 1331
•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
•Stockton Police Officers Ass'n v. City of Stockton, San Joaquin County Superior Court, Case No. 39-2010-00245197 (City cannot reject labor contract by declaring a fiscal emergency.)
ISLN:
914940966

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Peer Reviews

4.7/5.0 (14 reviews)
Martindale-Hubbell® AV Preeminent Rating Badge
  • Legal Knowledge

    4.9/5.0
  • Analytical Capability

    4.9/5.0
  • Judgment

    4.5/5.0
  • Communication

    4.9/5.0
  • Legal Experience

    4.5/5.0
Peer reviews submitted prior to 2008 are not displayed.

Other Legal Directories

Avvo Client Review
4.0/5.0 (1 review)
Lawyers Client Review
5.0/5.0 (11 reviews)
Platinum Client Champion

David provided contract negotiation skills for our Association. Importantly David provided insightful expertise, and current and relevant legal advice. He's definitely a 'think out of the box' lawyer...

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Location

Contact David E. Mastagni

Contact Information:

844-504-7337  Phone

916-447-4614  Fax

www.mastagni.com/attorneys/partners/david-e-mastagni

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