As reality television enthusiasts prepare for the Season 8 premiere of Netflix’s Love is Blind this Valentine’s Day, the show’s producers are navigating a recent National Labor Relations Board complaint that could lead to very real-world implications.
In December 2024, the National Labor Relations Board (NLRB) filed a complaint against producers Kinetic Content and Delerium TV, alleging that producers of Love is Blind “intentionally misclassified” cast members as independent contractors, thereby depriving them of Section 7 rights under federal labor law, including the right to unionize, and subjecting participants to unlawful non-compete and nondisclosure provisions that prevent them from publicly discussing their working conditions. The recent NLRB complaint comes after two former contestants, Renee Poche and Nick Thompson, alleged unfair labor practices against the show’s producers. Other contestants have also complained of improper working conditions and other labor law violations in recent court filings.
Among its various demands, the NLRB calls on producers to reclassify the contestants as employees rather than independent contractors, a pivotal distinction that could significantly alter the structure of reality television. The reclassification would allow the contestants to engage in collective bargaining over the terms and conditions of their employment, such as higher wages and for cause termination. The contestants, as employees, would also be entitled to overtime pay and additional workplace benefits like health insurance and workers compensation. The reclassification could materially modify the casting structure of these programs and significantly increase production costs, decreasing the number of reality television shows under similar models.
Following a hearing on April 25, an Administrative Law Judge will issue a decision and order on the matter, subject to review by the five-member NLRB Board. However, the complainants face an uphill battle. Since taking office just yesterday, President Trump has already taken steps to overhaul President Biden’s pro-worker Board by appointing Marvin Kaplan, the agency’s only Republican member, as chair. More changes are expected, and the world of reality TV may change as a result. Of those changes may include mandatory reforms to working conditions, mandatory benefits, mandatory employee training, and even changes impacting tax liabilities.
Richard Bahrenburg and Hannah Kramer at FordHarrison.
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