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David Emilio Mastagni

David Emilio Mastagni

Practice areas:

Employment & Labor, Class Action, Litigation, Constitutional

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About Me

David E. Mastagni is a partner with the law firm of Mastagni, Holstedt, Amick, Miller & Johnsen, who specializes in labor and employment law representation, including trial and appellate litigation in California and federal courts. In particular, he handles complex civil, class action and collective action litigation, claims arising out of the Fair Labor Standards Act, the U.S. and California Constitutions, Public Safety Officers' Procedural Bill of Rights, the California Labor Code, the Myers-Milias-Brown Act, and other statutes protecting the rights of employees. He has handled appellate cases in the California Appellate Courts, the California Supreme Court, the Ninth Circuit Court of Appeals, and the United States Supreme Court. David primarily provides comprehensive employment representation to public safety organizations and their members and is an experienced Peace Officers’ Research Association of California (PORAC) Legal Defense Fund Panel attorney. He also specializes in collective bargaining, fact-finding and interest arbitration.

David graduated cum laude from the University of California at Davis in 1996 with a B.A., Economics & Classical Civilization, and obtained his law degree in 1999 from the University of California, Berkeley, Boalt Hall School of Law. While at Boalt Hall, he received an American Jurisprudence Bancroft-Whitney Award, and was a member of the California Law Review and an associate editor of the Berkeley Journal of Labor and Employment Law. He is a frequent lecturer on collective bargaining, unfair labor practices, labor relations, public safety officers' rights, critical incident investigations, and the Fair Labor Standards Act (FLSA). David has attained the highest Peer Review Rating of AV Preeminent by Martindale-Hubbell and has been named to Super Lawyers Northern California Rising Stars since 2011.

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Practice Areas

Licensed since 1999

  1. Employment & Labor: 50%
    16 years
  2. Class Action: 30%
    16 years
  3. Litigation: 15%
    16 years
  4. Constitutional: 5%
    16 years

Payment

Fees:

Hourly ($200-400/hour), Contingent (33-40%), Retainer (Sometimes), Free Consultation (30 minutes)

Payment Types:

Check

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Contact Info

Mastagni, Holstedt, Amick, Miller & Johnsen

1912 I Street
Sacramento, CA, 95811

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Resume

License

StateStatusAcquiredUpdated
CAActive199908/19/2015

Professional Misconduct

We have not found any instances of professional misconduct for this lawyer.

Avvo Contributions

Legal Answers

Awards

Award NameGrantorDate Granted
Top Attorneys in SacramentoSacramento Magazine2015
Super Lawyers Northern California Rising Stars since 2011Super LawyersN/A
Peer Review Rating of AV PreeminentMartindale-HubbleN/A
American Jurisprudence Bancroft-Whitney AwardUC Berkeley SOL Boalt HallN/A
Best of the Bar in 2013Sacramento Business JournalN/A
Best of the Bar in 2014Sacramento Business JournalN/A
Best of the Bar in 2015Sacramento Business JournalN/A
Selected To Super Lawyers: 2015Super LawyersN/A

Work Experience

TitleCompany NameDuration
PartnerMastagni, Holstedt, Amick, Miller & Johnsen1999 - Present

Associations

Association NamePosition NameDuration
Sacramento County Bar AssociationN/AN/A
Labor and Employment Law Section of the State Bar of CaliforniaN/AN/A
American Association for JusticeN/AN/A
AFL-CIO Lawyers Coordinating CommitteeN/AN/A
American Bar Association, Section of Labor and Employment LawN/AN/A
California Employment Lawyers AssociationN/AN/A

Legal Cases

Case NameOutcome
Stockton Police Officers Ass'n v. City of Stockton, San Joaquin County Superior Court, Case No. 39-2010-00245197Superior Court ruled city cannot reject labor contract by declaring a fiscal emergency.
Ketchum v. City of Vallejo, 523 F. Supp. 2d 1150 (E.D. Cal. 2007)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.
Mitchell v. County Of Monterey (5:08-cv-01166-JW)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.

See all Legal Cases 

Publications

Publication NameTitleDate
2014 Midwinter Treatise Supplement: The Fair Labor Standards Act, American Bar Association, Section of Labor and Employment Law, Fair Labor Standards Act Subcommittee.2014 Midwinter Treatise Supplement: The Fair Labor Standards Act2014
2013 Midwinter Treatise Supplement: The Fair Labor Standards Act by the American Bar Association, Section of Labor and Employment Law, Fair Labor Standards Act Subcommittee2013 Midwinter Treatise Supplement: The Fair Labor Standards Act"2013
California Employment Law Letter,Vol. 21, Issue 22, February 27, 2012"A Very, Very, Very Fine Ruling Against 'Emergency' Power Grab"2012
2012 Midwinter Treatise Supplement: The Fair Labor Standards Act by the American Bar Association, Section of Labor and Employment Law, Fair Labor Standards Act Subcommittee2012 Midwinter Treatise Supplement: The Fair Labor Standards Act2012
California Employment Law Letter, Vol. 21, Issue 11, September 12, 2011"Op-ed: SPOA claims misuse of public funds for city manager's private dispute"2011
LexisNexisImpact of Employee Free Choice Act on Workers’ Compensation Claims2009

Education

School NameMajorDegreeGraduated
UC Berkeley SOL Boalt HallLawlaw1999
Univ of California DavisEconomics & Classical Civilizationundergraduate1996

Speaking Engagements

Conference NameTitleDate
Public Records Act LitigationPublic Records Act Litigation: Special Issues Involving Law Enforcement”2015
Peace Officers Research Association of California Conference“Negotiating Effective Policies on Critical Issues: Body Cameras, AVL, and Post-PEPRA Pensions”2014
PORAC Symposium“Municipal Bankruptcy: Coming Soon To a Location Near You?”,2013
CUSA Conference"Social Media for Public Employees: What’s Legal?” & "Discharging Pension Obligations in Bankruptcy"2013
2013 CCPOA ConferenceSOCIAL MEDIA: WHAT’S LEGAL? New Legal Rights and Responsibilities for Peace Officers, Unions, and Employers2013
Michael D. McNeill Western Regional Fire Fighters ConferenceSOCIAL MEDIA: New Legal Rights and Responsibilities for Firefighters, Unions, and Employers2012
CPOA TrainingNew Technology- What’s Legal?2012
Corrections USA ConferenceCollective Bargaining Under Assault: Contract Impairment Based Upon Claimed Fiscal Emergency2012
COPSWESTThe Latest On Video and Microphone Technology & the Law2012
California Police Chiefs AssociationAre the Risks of Police Personnel Matters Surpassing Civil Rights Litigation?2012
PORAC SymposiumThe State of Local Agency Negotiations: What Is on or Just over the Horizon2011
Michael D. McNeill Western Regional Fire Fighters ConferenceWage and Hour Issues for Firefighters2011
PORAC ConferenceEnforcement of Your Legal Rights While Negotiating Through the Economic Crisis2010