By: Hannah Gracedel

Do you have your snacks ready and your cozy PJs on? It’s time to binge-watch Netflix’s hit dating show Love is Blind. You start the show, but instead of discussing what they’re looking for in their life partner, contestants kick things off with a union meeting to discuss unsafe working conditions and low wages. Just kidding! However, this might not be as far-fetched as it sounds. A recent complaint filed by the National Labor Relations Board (NLRB) challenges how the show’s contestants are classified and treated. Depending on the outcome, Love is Blind, and reality TV in general, might look different to viewers at home. 

What Is Love is Blind?

Love is Blind is an unscripted reality show where singles from the same city meet to speed date in the “pods.” The pods are a set of 20 soundproof rooms, each approximately 12 by 12 feet. The contestants speak through a wall and meet face-to-face for the first time after they have accepted a proposal. The unique twist with this show is that the contestants never actually see each other on their dates. The idea is that the couples foster emotional connections without the influence of physical appearance. After the proposal, they go on a honeymoon, move in together, meet the families, and plan a wedding, all while on camera.

Contestants receive a $1,000 stipend per week during filming and up to $8,000 for appearing in all episodes. Wedding and vacation expenses are funded by production. However, contestants are responsible for many out-of-pocket expenses like hair, makeup, wardrobe, and any travel expenses not including the honeymoon phase of filming. 

The Complaint

In 2024, the NLRB issued a complaint alleging that the producers of Love is Blind misclassified contestants as independent contractors rather than employees. In determining whether someone is an independent contractor, the Board considers factors that reflect the employer’s level of control over the individual’s working conditions and work product. In addition, the complaint alleged the employer maintained unlawful contract provisions.

Why does misclassification matter?

The National Labor Relations Act (NLRA) defines an employee as any individual working for an employer. This definition is incredibly vague, making it ripe for confusion. The statute goes on to exclude individuals classified as independent contractors, supervisors, agricultural laborers, domestic workers, or those employed by their spouse or parent. Because of these exclusions, these workers are not covered by the NLRA and are not subject to its protections.

If you are considered an employee protected by the NLRA, your employer cannot fire, discipline, or threaten you for engaging in concerted activities. Examples of concerted activities are unionization, striking, and discussing wages or working conditions. Employees need not be unionized to exercise these rights. 

Therefore, being misclassified as an independent contractor means that you can be fired or penalized for activities that are fully protected for employees, leaving you without crucial safeguards to advocate for better working conditions.

What are the alleged unlawful contract provisions?

The National Labor Relation Board’s complaint alleges that the producers are enforcing unlawful contract provisions, including, among other things, a nondisclosure agreement (NDA) and an overly broad non-compete provision.

A NDA is a legally enforceable contract that creates a confidential relationship between two parties—one possessing sensitive information and the other receiving it. The recipient agrees not to disclose the information to others. NDAs are also known as confidentiality agreements. This NDA could be unlawful if the contestants are found to be classified as employees. Remember, the NLRA protects employees from engaging in concerted activities, which includes discussing wages, benefits, and working conditions. 

Additionally, the non-compete clause bans contestants from giving interviews or making public appearances for a full year after their last episode airs, even on their own behalf. While some non-compete agreements are lawful, others are not. A non-compete may be unlawful if it imposes overly broad restrictions; limits work in a large geographic area or across many industries, lasts for an unreasonably long time after employment ends, or is enforced on low-level employees without access to sensitive information. In addition, many states have laws governing non-compete agreements. For example, in Washington state, a non-compete agreement is considered void and unenforceable if an employee has earnings less than $123,394.17 in 2025.

Effects of the Complaint

The NLRB complaint is still in its early stages. The NLRB has currently scheduled a hearing for April 2025, during which an administrative law judge will answer the question of whether or not the producers violated labor laws. If the producers lose, they could appeal the decision, which would be reviewed by a five-member board appointed by the U.S. president. The board’s decision can be brought before a federal appeals court, and the entire process can take years. What could this mean for Love is Blind and other reality TV shows?

For starters, unionization is a possibility. However, it’s unclear how effective this would be. Shows like Love is Blind, The Bachelor, and RuPaul’s Drag Race replace their entire cast every season, making it difficult to establish long-term collective bargaining efforts. On the other hand, unionization could benefit those with recurring roles, such as those in franchises like The Real Housewives.

The outcome of this complaint could send shockwaves through the entire reality TV industry. If the complaint succeeds, it could embolden contestants from other shows to file similar claims, forcing production companies to reevaluate their labor practices. 

#WJLTA #LoveIsBlind #EmployeeRights #RealityTV