Denver, CO— Today, advocates at Towards Justice filed a class action lawsuit against MHW Live Music, Inc., a large, Florida-based entertainment booking company that the Complaint alleges requires local performers to sign non-compete agreements, limiting their ability to seek more consistent, higher-paying performances at large hotels and resorts around Colorado.
The proposed class action was filed by vocalist and guitarist Hannah “Belle” Terrell. The lawsuit alleges that MHW maintains a database of more than 7,500 performers across the country and books artists in its database for live performances at hotels and resorts. According to the Complaint, the company primarily services high-end hotels and resorts with entertainment budgets ranging from $100,000 to more than $500,000 annually.
In Colorado, MHW books local performers at luxury hotels and resorts in Denver and the Aspen and Vail Valley region. The Complaint alleges that MHW conditions performers’ gigs on their signing noncompete agreements that prevent them from obtaining work directly from hotels, venues, and event planners. Ms. Terrell alleges that MHW required her to sign a noncompete agreement in order to perform at some of Colorado’s most high-end resorts, including the St. Regis, the Ritz-Carlton Bachelor Gulch, and the Four Seasons Vail. While the out-of-state company profits, Colorado performers are left with limited opportunities and little pay. This conduct, the complaint alleges, violates Colorado’s broad statutory ban on noncompete agreements.
“Making a living as a professional performer is already difficult,” said Ms. Terrell. “It can be challenging to get your name out there, to be paid what you deserve, and to have consistent and reliable work. MHW’s non-compete agreement prevented me and other performers from making direct connections with the venues where we performed, and meant that the advantages of the artistry we spent years cultivating accrued to the company, not the performers.”
“Local performers deserve the freedom to earn a living, use their talents, and pursue better opportunities without interference from large companies. Colorado law is designed to protect workers’ mobility, dignity, and ability to build sustainable careers,” said Toree Lindblad, a fellowship attorney at Towards Justice.
The lawsuit seeks to deliver on the promise of Colorado’s non-compete ban. In enacting it, Colorado lawmakers clearly expressed their intent to build a landscape where workers are free from agreements that restrict their right to receive compensation for their labor.