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NLRB contends reality show contestants are employees

The National Labor Relations Board has filed a consolidated complaint against the creators of the Netflix show “Love is Blind,” alleging that cast members of the reality show are “employees” under the National Labor Relations Act.

The General Counsel of the National Labor Relations Board (NLRB) filed the suit against Delirium TV, LLC, and Kinetic Content, LLC, charging the show creators with unfair labor practices for their treatment of contestants in the show. The complaint was issued by NLRB Region 18, based in Minneapolis.

This is the first time such an allegation has been made. If it is found to be true, reality TV show contestants could land with the ability to unionize and receive other legal protections typically provided to employees.

In “Love Is Blind,” the participants date in small rooms where they talk to each other but cannot see each other. A couple meets face-to-face only after they accept a marriage proposal. The show follows each engaged couple for a few weeks after they meet face-to-face.

A number of former contestants of “Love Is Blind” have contended that they were treated poorly by the producers. They claim they were deprived of food and sleep and manipulated to keep them from leaving the show.

According to the NLRB complaint, contestants must sign “Participant Agreements” that bar them from speaking publicly about their experiences on the show.

The agreements require contestants not to have any contact with the media related to the show without permission from the producers. Participants may not make “any derogatory comments or statements of any kind in any media” about the show, the producers, or the network.

Under the agreements, participants who depart from the show early due to involuntary removal or their own breach of contract forfeit their stipend and could be required to reimburse the producers for certain expenses. The agreements also stop participants from taking certain employment opportunities outside of the show for a period of time.

The complaint argues that the contractual agreements violate the contestants’ rights to engage in “protected concerted activity” under Section 7 of the NLRA, including employees’ attempts to improve the terms and conditions of their employment, such as forming a union.

It further claims that the agreements are being used to threaten contestants who speak out with legal action, thereby preventing them from improving their working conditions.

A trial in the case in front of an Administrative Law Judge is set for April 2025.

If the case goes to trial, which remains to be seen, a key question will be whether the show participants are “employees” under the NLRA.