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.
David E. Mastagni
About David E. Mastagni
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Leave a review about your experience with this lawyer.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 who delivers results. When wronged by our employer, David brought a powerful and successful legal action that not only regained what we lost, but gave us an edge in subsequent negotiations. David's strongest attribute is his ability to fight hard and still be loved and respected by the other side.
David E Mastagni is a well respected attorney that not only looks out for his clients but also the ideas and fundamental principals that his clients have and practice. I would recommend his services highly to any of my friends and coworkers.
I trust David Mastagni, and he would be my very first call if I needed a lawyer.
Our organization has used the Mastagni Law Firm for more than 40 years. David E. Mastagni has personally handled handled numerous labor, criminal and civil cases for our members and has done thorough, complete and effective job. I 100% recommend the firm for legal representation.
Mr. Mastagni is a top tier attorney who helps promote and safeguard the rights of law enforcement professionals throughout the state of California. Mr. Mastagni is well versed in civil litigation and has demonstrated his expert legal knowledge in numerous arenas to include the California State capitol. Mr. Mastagni is an invaluable asset to the Ontario Police Officers' Association and is a true defender of police officers' rights. Sean Harden, President Ontario Police Officers' Association
The Sacramento County Law Enforcement Managers Association (LEMA) had been in Contract Negotiations with the County for many months resulting in impasse. The Mastagni firm entered into the process. Working with the team, David Jr provided excellent guidance, building a package the County could not overcome, securing an arbitrated agreement far better than expected. {para}Words cannot effectively describe the outstanding service LEMA received at a reasonable cost.
The Sacramento County Law Enforcement Managers Association has used the Mastagni Law Firm, and specifically David E. Mastagni in Labor and Employment issues such as: Contract Negotiations, Arbitration, Employee Grievances, Discipline and Unfair Labor Practice Suits. David E. Mastagni has the highest ethical and professional standards we have seen. He is "top-notch" and respected in his field and their services are very reasonably priced.
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Payment InformationPayment & Cost FeaturesFree initial consultation
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Firm InformationPositionPartnerFirm NameMastagni Holstedt, APC
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Representative Cases & TransactionsCases•Abbott v. County of Sacramento (Case No. 2:02-cv-00693-FCD-DAD), a wage
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
hour collective action for over 170 Solano County correctional officers, settled for $1.425 million.
•Alba v. City
County of San Francisco (Case No. 3:05-cv-01667-TEH), a wage
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
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
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
hours case for mounted unit officers overtime for feeding, grooming, transporting
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,
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
hour collective action for approximately 22 Monterey County Deputy Sheriffs, settled in 2011 for approximately $441,000
policy changes that included 8-16 hours of annual compensatory leave for named plaintiffs
non-parties
an overtime definition that surpasses FLSA requirements.
•Orr v. Montague, DeRose & Associates LLC, et al., an individual Wage
Hour case brought pursuant to the FLSA
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
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
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.) -
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Experience
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Bar Admission & MembershipsAdmissions1999, California
Court of Appeals, Ninth Circuit
U.S. Supreme Court
1999, U.S. District Court, Southern, Eastern, Northern and Central Districts of California
MembershipsState Bar of California
American Bar Association
Sacramento County Bar Association
American Association for Justice. -
Education & CertificationsLaw SchoolBoalt Hall, University of California, Berkeley
Class of 1999
J.D.
Other EducationUniversity of California, Davis
Class of 1996
B.A.
cum laude
Contact David E. Mastagni
1912 I StreetSacramento, CA 95811U.S.A.
Show on map6689 Owens Drive, Suite 100Pleasanton, CA 94588U.S.A.
Show on map9327 Fairway View Place, Suite 304Rancho Cucamonga, CA 91730U.S.A.
Show on map2421 Broadway StreetRedwood City, CA 94063U.S.A.
Show on map11918 Aviation BoulevardInglewood, CA 90304U.S.A.
Show on mapOther Office Locations
Pleasanton, CA
6689 Owens Drive, Suite 100Pleasanton, CA 94588U.S.A.
Show on mapRancho Cucamonga, CA
9327 Fairway View Place, Suite 304Rancho Cucamonga, CA 91730U.S.A.
Show on mapRedwood City, CA
2421 Broadway StreetRedwood City, CA 94063U.S.A.
Show on mapInglewood, CA
11918 Aviation BoulevardInglewood, CA 90304U.S.A.
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Attorneys FAQs
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Is this attorney Martindale-Hubbell Peer Review rated?Yes, David E. Mastagni has a 4.7 Peer Rating from Martindale-Hubbell.
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Is this attorney Martindale-Hubbell Client Review rated?Yes, David E. Mastagni has a 5.0 Client Rating from Martindale-Hubbell.
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What law school did this attorney attend?David E. Mastagni attended Boalt Hall, University of California, Berkeley.
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What year was this attorney's law firm established?Mastagni Holstedt, APC was established in 1976.
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Is this attorney listed in the Bar Register of Preeminent Lawyers?David E. Mastagni is listed in the Labor and Employment Law, Personal Injury, Social Security and Workers Compensation section of the Bar Register of Preeminent Lawyers.