Valentine’s Day Question: Are Contestants on Reality Television Shows Employees?

I live a sheltered life. I recently learned from Julia Jacobs’ reporting in The New York Times of a Netflix show called “Love Is Blind.” If you had told me that there was a reality television show in which people “date” one another in separate rooms, called pods, I would have bought that concept as a possible reality television show. If you added that the couples communicate exclusively through speakers and do not get to see each other unless they agree to become engaged, I would have become more skeptical. Why would people in the 21st century get engaged in such circumstances? Also, I guess I thought these reality dating shows were successful based on lowest-common-denominator calculations. I thought they were about people flaunting their sexuality. That’s hard to do when the person you are trying to attract can’t see you. There is then a staged wedding, at which the contestants either say “I do” or walk away. I guess that part can appeal to people who like wedding dresses. Who knew that witty rapport could still be regarded as sexy? It’s The Dating Game updated.  That show aired while I was experiencing puberty. I was very interested in sex, but even then I found the show alternately cloying and creepy. It did not hold my interest.

The recent treatment of the show in Woman of the Hour reminded me that the show is, in my view, irredeemable. Clearly, I am not, and never have been, the target audience. I’m still not entirely sure how the new show works. I have a Netflix subscription, but it is a cheapy subscription with commercials, and I couldn’t stomach having to sit through unbearable commercials to watch an unbearable show. I saw enough to convince me that watching more would not enhance my respect for the show or its participants.

In any case, issues have arisen. According to The Times’ reporting, one contestant made public statements, complaining that the show permitted her to marry an unemployed man with a negative bank account. Such public statements violated a non-disclosure agreement (NDA) which prohibits contestants from discussing the show in public for one year after it airs. One of the entities behind the show initiated an arbitration against the contestant, seeking $4 million in damages for violation of the NDA. She and another contestant filed a complaint with the National Labor Relations Board (NLRB).

The NLRB investigated their complaints, and as part of that process, the NLRB had to determine whether theirs was an employment contract, which would give the agency jurisdiction. The agency concluded that the contestants were employees of the show, and it filed a complaint against the production companies, alleging illegal provisions in the show’s standard agreements, including a noncompete provision prohibiting cast members from giving interviews or making news media appearances on their “own behalf or for any third party” for one year after their last episode airs, and a $50,000 fine for leaving the show on grounds that the production company finds are not “legitimate.” An attorney for one of the complainants also denounces the “ever-present threat of ruinous liquidated damages,” by which I assume he means “unlawful penalties.”

If I understand anything about how reality television attracts viewers, (and it’s possible that I don’t), a claim of $4 million for violation of a NDA seems like a penalty. The show is certain to benefit from any publicity, especially publicity that would heighten the whiff of scandal and salaciousness that gives such shows their unique allure.

The show recently paid $1.4 million to settle a class action on behalf of contestants who claimed that they were paid less than half of minimum wage for their work on the show. That settlement did not entail an admission that the contestants were employees. 

The decision of the NLRB to bring the complaint could have widespread effects on the reality television industry. But also, it could not. There is now a new administration, and the current President has fired a Democratic Board member, leaving the NLRB without a quorum. He may prefer in that way. The President happens to have some experience in reality television and with NDAs, and there may be reason to think that his appointees will side with management. 

I have not been able to find a tally of how many of the happy couples are still together. Readers, please let me know if you turn up any statistics.  It would be nice to know if made-for-television romance is as reliable as meeting people on the Internet, or, if you are old school, in  real life.

In the meantime, Happy Valentine’s Day. Isn’t love grand?