A judge is urging Kiss rockers Gene Simmons and Paul Stanley, music manager Doc McGhee, and Kiss’ touring company to consider settling a lawsuit brought by the famed band’s longtime wig stylist over alleged mistreatment on tour.
The lawsuit, first filed in February 2023, alleges Kiss deprived plaintiff David Mathews of overtime wages and adequate breaks and then wrongfully terminated him in 2022 after he voiced concerns about the band’s COVID protocols surrounding pandemic-era shows. After nearly two years of wrangling, a trial is set to begin Jan. 22, 2025.
“The first time I saw this lawsuit, it was clear both sides had very serious risks. If this goes to trial, it would not surprise me if Mr. Mathews got nothing. It would not surprise me if he made a big pot of money. This is the kind of case any rational person would settle. There’s big risk this could swing dramatically one way or the other,” Los Angeles County Superior Court Judge Armen Tamzarian told the lawyers on both side during the Friday hearing. “This is a tough case for plaintiff to win, but if he wins, there are deep, deep pockets there, and there could be a big result.”
Judge Tamzarian spent 20 minutes hearing arguments but declined to issue a ruling Friday on Kiss’ request that he reject all six causes of action for being allegedly defective. “The issues are complicated. I don’t know what I’m going to do with this,” the judge said. With no immediate decision, the only thing that seemed clear Friday was that some portion of the lawsuit was expected to proceed. “You’re both overconfident in your positions,” he warned the dueling lawyers.
During the 20-minute hearing in downtown Los Angeles, a lawyer for Kiss argued Mathews was an independent contractor not protected by California law while traveling on tour. Attorney Jennifer Raphael Komsky conceded Kiss played 11 shows in California during the time in question, but she argued the underlying lawsuit focused on alleged incidents in Illinois and South America, not California. She said the laws in those locations applied.
The lawyer for Mathews, meanwhile, argued his client was a full employee based in California where the wigs were stored. Attorney Pat Barrera said Mathews, in his capacity as an employee, was protected even on tour by a California regulation that required his employer to “effectively identify and respond to persons with Covid-19 symptoms.” (In his lawsuit, Mathews alleged Simmons was noticeably ill during a South American tour in 2022 and performed after testing positive for Covid.)
Judge Tamzarian said Friday he was having trouble viewing Mathews as an independent contractor. “I’m not so sure I’m buying that argument. Let’s say he had his own hair studio in Beverly Hills, and every time they went on tour, they went to him and he fixed up their hair. That’s one thing. He didn’t have his own hair studio. He didn’t cut anybody else’s hair. All he did for a couple years was cut the hair of these guys. He had some side gigs, but they weren’t side gigs in hair,” the judge said.
The judge challenged Mathews’ position as well. He said government officials issued lots of recommendations to “certain employers” amid the pandemic, but he wasn’t convinced there was a statute that required Simmons to wear a mask while doing his job.
“I’m unaware of any law or regulation about somebody who’s in a rock and roll band and somebody who does hair where the performer who’s wearing makeup has to wear a mask,” the judge said from the bench. “After they put on the makeup, Gene Simmons should have put on a mask? Wouldn’t that ruin the makeup and ruin the whole point? Is that what you’re saying they should have done? It’s not practical for how they do things. That’s going to be their argument at trial.”
It wasn’t clear Friday when Judge Tamzarian might issue his ruling. The final status conference remained set for Jan. 6, 2025, two weeks before the scheduled trial.
In his complaint, Mathews said he started working for Kiss in 1992 as the stylist “whose primary job it was to apply and style Kiss’s stage wigs.” He later rose to the level of overseeing the band’s wardrobe department and dressing room teams, his filing claimed.
Mathews said he often worked 12 to 15-hour days without stopping. According to his lawsuit, Mathews was with the band in Illinois in October 2021 when guitar tech Francis Stueber, 53, started showing severe Covid symptoms. Mathews claims he alerted McGhee to Stueber’s dire condition, but no “timely” action was taken, leading to Stueber’s death in his hotel room on Oct. 17, 2021.
Two weeks later, Rolling Stone published a piece titled, “Couldn’t Believe How Unsafe It Was’: KISS’ Roadies Blame Lax Covid Protocols for Guitar Tech’s Death.” Mathews claims McGhee were “extremely upset” over the article and “accused” Mathews of speaking with Rolling Stone. “Mathews vehemently denied it, yet it was evident to Mr. Mathews that Mr. McGhee did not care to believe him,” the lawsuit said.
Months later, Mathews agreed to work for the band during a tour of South America. He claims that Gene Simmons started exhibiting flu-like symptoms in Santiago, Chile, on April 20, 2022.
“Mr. Simmons said he felt fine, but he was coughing, sneezing, and blowing his nose in the dressing room while Mr. Mathews was putting on Mr. Simmons’ wig, styling his hair, and touching up his makeup, and while the wardrobe team was putting on his costume,” the lawsuit said. “After the show, in the dressing room, Mr. Mathews removed Mr. Simmons’ sweaty wig and the wardrobe team removed his sweat drenched costume.” Mathews claimed Simmons was still coughing and blowing his nose “while insisting he felt fine” during a tour stop in Brazil on April 26, 2022. A crew member purportedly told Mathews they planned to test Simmons for Covid that evening. According to the lawsuit, Mathews tested positive for Covid on May 5 and was informed then that Simmons previously tested positive.
Mathews said he voiced concerns to McGhee but felt “coerced” into prepping the band for a show that night. He says crew members were not advised that Simmons had tested positive. Mathews further claimed he was asked to fly commercially while still exhibiting symptoms, which he said he wouldn’t do. He said that shortly before he was terminated in late May, McGhee brought up the Rolling Stone article again. “Mathews added that he did not participate in the article and added that he was not going to defend himself for something he did not do,” the lawsuit said.
Mathews’ lawsuit included claims for wrongful termination, retaliation, failure to pay overtime and failure to provide rest periods. Lawyers for the Kiss defendants did not immediately respond to a request for comment on the merits of the lawsuit.
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