High Stakes in KISS COVID-Related Lawsuit: A Call for Settlement Amidst Severe Risks

In a startling development, Los Angeles County Superior Court Judge Armen Tamzarian has strongly suggested that the parties involved in a lawsuit against the iconic rock band KISS should consider settling out of court. The legal battle, instigated by David Mathews, the band's longtime wig stylist, centers around allegations of unpaid overtime and wrongful termination in the wake of Mathews raising concerns about the band's COVID-19 safety measures during their pandemic-era tours.

Filed in February 2023, Mathews' lawsuit paints a disturbing picture of the working conditions and health risks present in KISS's tour environments. He claims that despite his critical role, which originated back in 1992, his later experiences on tour involved extensive work hours without adequate breaks and direct exposure to COVID-19 risks, which he alleges were poorly managed by the band and their management team, including music manager Doc McGhee.

The judge's cautionary advice came after a 20-minute session listening to both parties, where it was evident that the complexities of the case made an immediate ruling challenging. Judge Tamzarian highlighted the unpredictable nature of jury decisions in such emotionally charged cases, signaling potential disastrous financial impacts for both sides depending on the outcome.

The defense argued that Mathews was an independent contractor, thereby not entitled to the protections afforded to employees under California law — the state where the lawsuit was filed. However, the plaintiff's attorney countered this by emphasizing Mathews' role was based in California, suggesting he was indeed an employee protected under local labor laws.

The case brings to light the broader implications for labor relations and employer responsibilities during the COVID-19 pandemic, particularly in the entertainment industry, which saw its own unique set of challenges due to the nature of live performances and tours.

Further complicating Mathews' case is the controversy surrounding his alleged communication with Rolling Stone regarding the band's lax COVID-19 protocols, a claim that reportedly led to his termination. This aspect of the lawsuit underscores the potential retaliation claims against KISS and their management, adding another layer of tension to the proceedings.

As the legal battle is set to proceed, with a final status conference scheduled for January 6, 2025, and the trial to follow on January 22, stakeholders within and outside the entertainment industry will be watching closely. The outcomes of this lawsuit could set significant precedents regarding employee protections and employer obligations during unprecedented global health crises.