Reality TV contestants on 'Love is Blind' labeled as employees by Labor Board, marking a novelty in the industry.
Participants in reality shows typically sign binding contracts with strict secrecy clauses. The potential for transparency in this sector, which has been accused of exploitation, was mentioned by Cathy Creighton, director of Cornell University’s Industrial and Labor Relations Buffalo Co-Lab, in an interview with CNN.
Two former contestants of "Love Is Blind", Renee Poche and Nicholas Thompson, submitted unfair labor practice complaints to the NLRB in 2023. Following a consolidation and investigation of these complaints, the NLRB's regional office in Minnesota filed a lawsuit against production companies Delirium TV and Kinetic Content on Wednesday evening.
Netflix, which broadcasts the show, is not mentioned in the lawsuit, but has been involved in lawsuits regarding show conditions. Delirium TV and Kinetic Content’s lawyers did not comment on CNN's request for comment, while Netflix declined to.
In "Love is Blind", a popular and Emmy-nominated Netflix series, 15 men and 15 women communicate with potential partners in isolated "pods" to see if they can connect without seeing each other first. Contestants later engage and marry, all while being filmed.
According to legal documents, Poche, a Texas veterinarian, signed a strict contract with confidentiality clauses when she joined the show. The NLRB claimed that the participant agreement contained unlawful non-compete, confidentiality, and stay-or-pay provisions.
On the show, Poche was matched with someone aggressive and volatile, which she feared might endanger her physical safety due to the lengthy periods spent alone with him, according to the same documents.
After publicly discussing the incident, Delirium TV allegedly initiated arbitration against Poche and sought $4 million in penalties for breaching "illegal" confidentiality provisions in the contract, according to legal documents. Poche claimed she earned only $8,000 while on the show. The NLRB also claimed the arbitration demand for $4 million was unlawful.
The NLRB's complaint seeks to recognize "Love is Blind" contestants as employees and compensate them for any lost wages during filming.
The NLRB argued that the contestants could not form a union as non-employees, but a board decision could potentially allow contestants to unionize.
The filing could significantly alter the reality TV industry, as per Bryan Freedman, counsel for Renee Poche, in a statement to CNN. Thompson, a second-season contestant, has also spoken about his "very poor experience" and lack of mental health support during filming.
Legal confrontations galore
"Love is Blind" has previously been embroiled in legal disputes.
In 2022, season two contestant Jeremy Hartwell filed a lawsuit against Netflix, Kinetic Content, and Delirium TV for alleged inhumane working conditions, including sleep deprivation and long hours without food or water, and inadequate pay for hours worked. Hartwell, the class-action representative, settled the lawsuit for approximately $1.4 million in July.
Another cast member, season five contestant Tran Dang, filed a lawsuit against Kinetic and later Delirium in 2022, alleging false imprisonment and sexual assault.
"We support and stand with victims of sexual assault, but Ms. Dang’s claims against the producers are baseless," Kinetic and Delirium TV claimed in a statement to People in 2023. "We have no control or knowledge over what occurs in private living spaces outside of filming, and contestants may choose to leave the show at any time."
In an interview with Variety in 2023, Kinetic Content CEO Chris Coelen acknowledged that a penalty of $50,000 for contestants leaving the show early was never enforced and was removed in later seasons.
A hearing for the NLRB complaint is scheduled for April 2025, during Trump's presidency. The complaint must be presented before an administrative law judge, who will decide if the production companies violated labor laws. The companies may then appeal the decision.
"There'll be a new general counsel appointed by President Trump, and that general counsel will either withdraw or resolve this case promptly," Creighton stated. "I would say that the chances of this continuing are nil to zero."
CNN’s Marianne Garvey contributed to this report.
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In response to these legal disputes, some argue that reality TV contestants should be considered employees with appropriate protections and compensation. This business model, which relies on contestants signing binding contracts with confidentiality clauses, has been scrutinized for its transparency and potentially exploitative nature.
The controversy surrounding "Love is Blind" and its production companies has led to calls for improving the working conditions and rights of reality TV contestants, redefining their status from non-employees to employees with unionization possibilities.
