There are more courtroom dramas on TV than I could count. Most are unrealistic, at best, but some are at least guilty pleasures (looking at you, Suits).
Now, in a twist of fate interesting to more than just the labor and employment lawyers of the world, reality TV stars could be entering the real-life courtroom.
Specifically, the National Labor Relations Board recently issued a complaint against the Netflix-streamed Love is Blind reality show. The Board’s complaint states that the contestants on the show are actually employees, i.e., not independent contractors. The case began with several former cast members objecting to what they perceived to be unreasonable restrictions in their contracts related to confidentiality and noncompete provisions.
The Board has demanded that the show reclassify its participants as employees and rescind the provisions it deems unlawful. To be clear, this is not a final ruling. It is quite likely that the show will appeal the decision, which would then be litigated before an administrative law judge (and could ultimately be appealed to the Board and to federal court).
If the NLRB were to be successful in litigating this issue (or perhaps even if the parties reach a conciliation), the trickledown effect could be far-reaching. Could household names like Survivor, Big Brother, and The Bachelor be next to be under scrutiny? Could we see a union formed of the Real Housewives or another show’s cast? On the other hand, this may be a one-off decision of a lame duck National Labor Relations Board, lost to time or, more likely, reversed upon the forthcoming Trump administration’s promised changes to the Board?.
Grab your popcorn – only time will tell.
