Kiss Settle With Wig Stylist Who Said He Was Fired for Covid Complaints
After a judge warned they might have something to lose after all, Kiss frontmen Gene Simmons and Paul Stanley have settled the wrongful termination lawsuit brought by the iconic band’s longtime hairstylist.
The “Nothin’ to Lose” musicians were speeding toward a Jan. 22 trial when lawyers on both sides informed the judge early Monday that a settlement had been reached, the court’s clerk confirmed to Rolling Stone. The trial was cancelled and a follow-up hearing set to confirm the pact was scheduled for March. There was no immediate comment from lawyers on either side.
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Last month, Los Angeles County Superior Court Judge Armen Tamzarian urged the sides to reach a private resolution. He said the first time he read the 2023 lawsuit brought by plaintiff David Mathews – which alleged labor code violations and a retaliatory 2022 termination linked to Mathews’ complaints about allegedly “unsafe” Covid protocols on tour – he felt the dispute presented “very serious risks” for both Mathews and the band.
“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,” the judge said at a hearing in early December. “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.” He warned the dueling lawyers they were both “overconfident” in their positions.
In his lawsuit, 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 and dressing room teams and often worked 12 -to 15-hour days without stopping, according to his lawsuit.
Mathews said he was with the band in Illinois in October 2021 when guitar tech Francis Stueber, 53, started showing severe Covid symptoms. Mathews claimed he alerted the band’s manager Doc McGhee to Stueber’s dire condition, but no “timely” action was taken. Stueber died in his hotel room on Oct. 17, 2021. Two weeks after his death, Rolling Stone published a piece titled, “Couldn’t Believe How Unsafe It Was’: KISS’ Roadies Blame Lax Covid Protocols for Guitar Tech’s Death.”
According to Mathews’ lawsuit, McGhee was “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. According to the lawsuit, Simmons started exhibiting flu-like symptoms in Santiago, Chile, on April 20, 2022, but did not quarantine. “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, the same day he was informed that Simmons previously tested positive.
Mathews said he voiced concerns but felt “coerced” into prepping the band for a show that night. 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 claimed Mathews was an independent contractor not protected by California law while traveling on tour. The judge ruled last month that the question of his classification was something for a jury to decide. He further ruled that jurors would be the proper arbiters to decide “whether plaintiff had reasonable cause to believe what defendants allegedly did in South America violated some law that applies to citizens traveling abroad.”
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