Lucky Devils band class action
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.
April 18, 2019 – The firm has filed the first class action complaint on record for serial violations of California’s Talent Agencies Act against the International Musicians League, Inc., an out-of-state entity doing business as THE LUCKY DEVILS BAND. In their complaint, filed in Alameda County Superior Court, two musicians allege that they and a class of other musicians and vocalists were victimized by the defendant, who booked shows for them without complying with the law governing talent agencies and artist representation. “This may be the most literal example of the so-called ‘gig’ economy,” said firm partner David Given. “Long-established law governing fair pay for musicians and other artists must not be skirted.” The firm has also filed a petition before the California Labor Commission commencing parallel administrative action on the subject. Further proceedings in both matters are pending.
The firm represents two professional musicians who say that they and others like them have been taken advantage of by the International Musicians League. The firm’s clients allege that IML violated California statutory law governing talent agencies and artist representation. IML’s business model is based on securing gigs for musicians as members of the Lucky Devils Band, a rotating group of performers whom IML swaps out depending on a customer’s preference and musicians’ availability. Despite acting as a talent agency under California law, the clients’ lawsuit says, IML does not have a talent agency license and takes a prohibited commission in booking talent for these gigs. For more information, or if you or someone you know has been affected by IML’s conduct, please contact us.