A Los Angeles judge has urged the iconic rock band Kiss to seriously consider reaching a settlement regarding the impending court case filed by their former wig technician. The judge warned that the band could face significant financial repercussions if the court rules against them, potentially impacting their “deep, deep pockets” in a way that could be detrimental to their financial health.

The legal action was initiated in February 2023 by David Mathews, a former crew member who claims he endured mistreatment while on tour and was unjustly terminated after a lengthy 30-year association with the band. Mathews alleges that his working conditions deteriorated, particularly during the pandemic, highlighting serious concerns about safety and proper treatment.

In his lawsuit, Mathews, who was primarily responsible for maintaining the band’s distinctive wigs and hairstyles, contends that he was compelled to work closely with Gene Simmons despite the musician exhibiting symptoms of COVID-19 while denying being ill. This situation raised serious questions about health protocols during the pandemic, especially given the nature of their touring lifestyle.

Mathews has outlined six key points in his lawsuit, asserting that he was dismissed by manager Doc McGhee for supposedly participating in discussions where the Kiss crew expressed concerns about the band’s handling of COVID-19 measures. These discussions occurred in the wake of the tragic death of guitar technician Fran Stueber due to the virus while on tour. Mathews firmly states he did not speak to journalists about these issues, defending his position as a dedicated employee.

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During a recent hearing, L.A. County Superior Court Judge Armen Tamzarian remarked on the case’s serious implications for both parties. He highlighted that either outcome could lead to significant financial consequences, saying, “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.” The judge emphasized the unpredictable nature of the case, suggesting that a settlement could be the most prudent course of action for both sides.

The judge expressed uncertainty about how he would proceed if the case were to commence as scheduled on January 6. He cautioned the attorneys involved, stating, “You’re both overconfident in your positions,” suggesting that the complexity of the situation requires a more measured approach.

Judge Critiques Kiss’ Employment Classification During COVID Pandemic

Furthermore, Judge Tamzarian challenged Kiss’s classification of Mathews as a contractor instead of an employee, questioning the validity of that argument. He stated, “I’m not so sure I’m buying that argument,” and provided a hypothetical scenario where if Mathews had operated his own hair studio, it might support their position. However, he pointed out that Mathews had solely focused on styling the band’s hair for an extended period without any independent business.

In addition, the judge inquired about Mathews’ expectations regarding the band’s COVID-19 safety protocols, indicating that he was unaware of any existing regulations that apply to performers in the rock genre, particularly those who wear makeup. He humorously questioned, “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?” This rhetorical question highlights the unique challenges rock bands face while navigating health guidelines during a global pandemic.