Labor Commissioner will hear Lucky Devils class case
July 26, 2019 – Alameda Superior Court judge Winifred Y. Smith today stayed the class action before her to allow California Labor Commission proceedings to conclude against the International Musicians League in a case brought by two firm clients. Those clients, musicians who performed as members of the Lucky Devils Band, filed a class action complaint in Alameda County Superior Court alleging serial violations by the IML of the State’s Talent Agencies Act. At around the same time, the clients also brought a petition before the Labor Commissioner on substantially the same claims and, following IML’s response to that petition, requested a Labor Commission hearing on those claims. In a short minute order, Judge Smith agreed that the action before the Labor Commission should go first and noted that the Commission could consider the clients’ class claims. Further proceedings before the Labor Commission are pending.