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David Emilio Mastagni

Employment and labor Attorney at Sacramento, CA

4.0   1 review
  • Licensed for 24 years
    State CA
    Acquired 1999
    Active No misconduct found

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

About David

Learn David’s areas of practice.

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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Mastagni Holstedt, APC
1912 I Street
Sacramento, CA, 95811
Mastagni Holstedt, APC
3400 Inland Empire Blvd, #101
Ontario, CA, 91764
Mastagni Holstedt, APC
6689 Owens Drive, Suite 100
Pleasanton, CA, 94588
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4.0 / 5.0
  1 customer review
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Posted by anonymous | April 26, 2018
This review is from a potential client who consulted with this attorney.
| Consulted Attorney
Still speaking
I'm still in consultation with a collegue at the firm. So far so good. Looking over my papers now. Hopefully they can hold my company & management accountiable for their jobs, just like I am held accountiable for my job.


  • Free Consultation 30 minutes
  • Hourly Rates $ 300-650 per hour
  • Contingency 33%-40%
  • Retainer Sometimes
Payment methods


AVVO RATING 9.9 (Superb)

Work Experience

  • Partner
  • Mastagni, Holstedt, Amick, Miller & Johnsen
  • 1999 - Present


  • UC Berkeley SOL Boalt Hall
  • law
  • 1999
  • Univ of California Davis
  • undergraduate
  • 1996

Sample of Legal Cases

  • Aboudara v. City of Santa Rosa (May 10, 2019, Case No. 4:17-cv-01661-HSG)
  • Settled for $976,672.28., 2019
  • Cal Fire Local 2881 v. California Public Employees' Retirement System (2019), ---P.3d---, 2019 WL 1008413
  • Quiroz v. City of Ceres (E.D. Cal., Mar. 1, 2019, No. 117CV00444DADBAM) 2019 WL 1005071
  • Settled for $150,000.
View all legal cases


  • Sacramento County Bar Association
  • N/A
  • Labor and Employment Law Section of the State Bar of California
  • N/A
  • American Association for Justice
  • N/A
  • AFL-CIO Lawyers Coordinating Committee
  • N/A
  • American Bar Association, Section of Labor and Employment Law
  • N/A
  • California Employment Lawyers Association
  • N/A
View all associations

Languages Spoken

  • English

Honors and Awards

  • America’s Top 100 High Stakes Litigators
  • America’s Top 100 High Stakes Litigators
  • 2018
  • Super Lawyers Northern California Rising Stars 2011-2014
  • Super Lawyers
  • N/A
  • Peer Review Rating of AV Preeminent
  • Martindale-Hubble
  • N/A
  • American Jurisprudence Bancroft-Whitney Award
  • UC Berkeley SOL Boalt Hall
  • N/A
  • Best of the Bar 2013-2016
  • Sacramento Business Journal
  • N/A
  • Selected To Super Lawyers: 2015-2019
  • Super Lawyers
  • N/A
  • Top Attorneys in Sacramento 2015-2019
  • Sacramento Magazine
  • N/A
View all awards


  • 2012-2019 Midwinter Treatise Supplement: The Fair Labor Standards Act, American Bar Association, Section of Labor and Employment Law, Fair Labor Standards Act Subcommittee.
  • Midwinter Treatise Supplement: The Fair Labor Standards Act
  • 2017
  • California Employment Law Letter,Vol. 21, Issue 22, February 27, 2012
  • "A Very, Very, Very Fine Ruling Against 'Emergency' Power Grab"
  • 2012
  • 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
View all publications

Speaking Engagements

  • Public Records Act Litigation
  • “Public Records Act Litigation: Special Issues Involving Law Enforcement”, speaker at in Sacramento on June 10, 2015.
  • 2017
  • 30 Hour POST approved Class
  • “Law Enforcement and Legalities in the New Millennium”
  • 2017
  • 30 hour P.O.S.T. approved course
  • “Law Enforcement and Legalities in the New Millennium”
  • 2017
  • PORAC 2016 Conference
  • “Shots Fired, Union Down: MAPE v. MCERA and Other Legal Assaults on Public Sector Unions”,
  • 2016
  • PORAC 2015 Conference
  • “Vested Rights and Protecting Health Care Benefits during Negotiations”
  • 2015
  • CUSA Conference
  • "Social Media for Public Employees: What’s Legal?” & "Discharging Pension Obligations in Bankruptcy"
  • 2013
  • Corrections USA Conference
  • Collective Bargaining Under Assault: Contract Impairment Based Upon Claimed Fiscal Emergency
  • 2012
  • The Latest On Video and Microphone Technology & the Law
  • 2012
  • PORAC Symposium
  • The State of Local Agency Negotiations: What Is on or Just over the Horizon
  • 2011
  • PORAC Conference
  • Enforcement of Your Legal Rights While Negotiating Through the Economic Crisis
  • 2010
View all speaking engagements

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Sacramento Employment and labor Lawyer David Emilio Mastagni
David Emilio Mastagni
Employment and labor Attorney
Sacramento, CA
Licensed for 24 years
Free Consultation