In a first for the reality television industry, the National Labor Relations Board (NLRB) on Wednesday argued that contestants on Netflix’s dating show love is blind should be classified as employees — a designation that would give them significantly more on-set protection, including the ability to unify.
The filing by the NLRB’s regional office in Minneapolis comes after two former contestants on the show — Renee Poche and Nick Thompson — filed complaints with the board alleging unfair labor practices. The allegations coincide with lawsuits filed by Poche and another former contestant, Tran Dung, who both raised concerns about their physical safety on the program.
Filing is the start of a long process, and doesn’t mean immediate love is blind Competitors must be classified as employees. Depending on what happens in the new Trump administration, they may not achieve that classification in the near term.
That’s because the NLRB’s statement is only a preliminary complaint against the two production companies — Kinetic Content and Delirium TV — that run the show, and several things still need to happen before that statement becomes policy. First, companies have the option of settling a settlement with the NLRB If they are unable, an administrative court will review the labor violation claim next spring. Thereafter, any decision made may be subject to a series of appeals.
President-elect Donald Trump’s ascension to the White House also adds to the uncertainty. As president, Trump would be able to name his picks to key roles at the NLRB, including officials who could push for a favorable settlement for the companies or drop the case. Kinetic Content (which oversees Delirium TV) and Netflix did not immediately respond to requests for comment.
The complaint the NLRB raised is still significant, and spotlights important questions about how reality television contestants are treated. love is blindwhich has become wildly popular on Netflix since its debut in 2000, is far from the only reality TV show to watch contestants navigate their way through. Alleged abusive working conditions and potential Threats of violence.
“If you look at some of their individual contracts, they’re pretty shocking,” Day Krolik, assistant law professor at New York University and former director of labor relations at NBC, told Vox, noting that reality show contracts are widespread. “Some of them say that one can expect to go without food for a long time … that you can be sexually harassed which many would consider. You know, you agree with all of this.”
If it becomes policy, it will set an industry-wide precedent
A key aspect of the complaint is how production companies relate love is blind Classify the contestants on the show. Currently, they are participants, and not employees, which means productions are not subject to an array of legal requirements around wages, paid leave or insurance. Notably, competitors are also not able to unionize and do not have protections under the National Labor Relations Act, which establishes the right to a union.
The issue of worker classification has also been contested in other industries, including gig economy companies like Uber and Lyft. As independent contractors, for example, Lyft and Uber drivers are unable to unionize and lack workplace safety protections, both gaps that are subject to controversy.
if love is blind Competitors were treated as employees, would be able to unionize and receive important labor protections on multiple fronts.
“If they’re considered employees, the employer may have to follow many other laws that cover workers: workers’ compensation, unemployment insurance, discrimination laws, OSHA, tax laws,” says Cathy Creighton, director of industrial and labor relations at Cornell University Buffalo Co. ” -lab.
Notably, too, that change in classification could set a massive precedent for the entire reality TV industry. The NLRB will evaluate each show on a case-by-case basis, experts told Vox, but what other shows are subject to in such filings sets a legal standard that can be applied to others.
“I think it would set a precedent that workers in similar circumstances should be covered by the National Labor Relations Act,” Laura Padin, director of the National Employment Law Project’s work structure, told Vox.
Other parts of the NLRB filing take aim at common practices that reality shows are known to use, it found. love is blindIts confidentiality agreements, non-compete clauses, and pay-or-stay requirements are also illegal. Under this agreement, the contestants were misled about their many experiences on the show for a certain period of time, and were previously threatened with a $50,000 fine if they decided to leave the show.
The filing is not yet likely to translate into policy
The NLRB’s complaint is the start of a long process to change how production companies treat competitors. love is blind.
One of two things will happen next.
The filing could be settled by the NLRB and the agencies involved: It would involve negotiations between the NLRB and the producing agencies to try to find terms that both could agree to. If they are unable to find such an agreement, the complaint will be evaluated by an administrative judge, who will hear arguments from both sides in April. Any decision made by that judge can be appealed to the National Board and then to the federal courts.
Uncertainty is added to this process Trump is widely expected to fire The current NLRB General Counsel, who is integral to overseeing these cases. A Trump general counsel could decide whether they want a quick settlement with the production companies or even drop the case. Trump is also poised to fulfill both Open seats on the NLRB With Republican members, it gives the panel a GOP majority that is set to rule favorably on more pro-business guidance and governance for companies if they have to consider an appeal.
As such, it is probably not a reclassification love is blind Contestants, or other reality shows, will happen in the near future.
Despite this, however, the NLRB announcement brings additional awareness to issues that have plagued the reality TV industry for years and could spur other complaints, regardless of what happens. love is blind Filing
It “could change the reality TV industry forever,” said Brian Friedman, Poach’s attorney. told CNN. “The practices identified in the NLRB’s complaint against Delirium are ubiquitous in this space.”
