Last week, the NLRB took a stand on reality TV. Really.
The timing of this news might be coincidental, but the message? That’s debatable. The Board is poised for a big change with the second Trump term. He will replace members when terms expire and be able to fire administrative judges. Also last week, the Senate narrowly voted against confirming Biden’s NLRB Chair Lauren McFerran for another 5-year term.
So, the Board will no longer lean in favor of labor and appear to be taking major swings before change happens. This particular case might have been coming regardless of who won the election, but it illustrates how extreme the current NLRB has become.
Back to reality: The NLRB has issued a federal complaint against Kinetic Content and Delirium TV, producers of an unscripted Netflix dating show, Love Is Blind, in which contestants go on “dates” and get “engaged” while never seeing each other. Those specifics aren’t too important, but the NLRB is very interested in this show.
With their complaint, the Board has classified this show’s contestants as “employees” while accusing producers of misclassifying them as “participants.” This could have far-reaching implications that could rock reality TV and the ongoing “contractors or employees” debate. That dust-up saw a recent setback for Big Labor when the California Supreme Court ruled that rideshare drivers would remain independent contractors.
A winding history: The NLRB’s complaint against Love Is Blind is only one stop on a controversial road that runs beyond today’s discussion. Long story short, multiple cast members have brought lawsuits alleging mistreatment, an alcohol-soaked environment, and low pay rates, and the Board alleged labor violations involving the show’s contractual terms, including strict confidentiality and noncompete agreements. This year, Netflix and producers, while not admitting wrongdoing, settled a class action suit for $1.4 million involving California minimum wage.
The NLRB’s complaint might allow these contestants to unionize and collectively bargain: Strange? Perhaps. First, there’s the fleeting nature of reality TV, where seasons are filmed over a few weeks or months. Imagine how that business model could be derailed by collective bargaining. Second, these contestants do not go in entirely blind to these show’s gimmicks.
Remember The Apprentice? Contestants knew they were at risk for humiliation via this Trump-uttered catchphrase: “You’re fired!” Again, it’s interesting that reality TV is a Board target right now.
Food for thought: Former Love Island contestant Renee Poche and her attorneys sat down for an interview with Deadline Hollywood. The trio discussed the NLRB complaint and hoped for on-set protections. They want this case to usher in sweeping changes in California labor law.
What’s next: This could mean that Real Housewives or Jersey Shore reunions will stop hosting alcohol-fueled dinners that could get out of hand. That simple change could sink reality TV as we know it, but the issue might not get that far. The Board’s complaint will be heard by administrative judges and perhaps a federal appeals court. This will take years, and in that time, Trump could replace enough judges to quash the case.
Still, it’s fun to imagine how Trump would have reacted if the NLRB had taken on The Apprentice. Now, he might be yelling, “You’re fired!” for different reasons.
