In another recent challenge to protect the rights of individuals who should be treated/paid as employees, the National Labor Relations Board (“NLRB”) issued a complaint against the producers of “Love is Blind,” a popular reality tv show. The NLRB argues that the contestants on the show should be classified as employees and therefore eligible for worker protections such as minimum wage, overtime, and meal/rest breaks.
In “Love is Blind,”15 men and 15 women speak to their potential partners in isolated “pods.” The goal is to see if they can spark a connection without seeing the person beforehand and eventually get engaged and married — all on camera.
The NLRB filed its complaint after receiving and reviewing two separate charges filed by former contestants alleging unfair labor practices. In its complaint, the NLRB alleges that due to the strict contractual obligations placed on the contestants, they should be considered employees and compensated for any lost wages while on the show. Additionally, the NLRB alleges the participants’ contracts contained illegal noncompete and confidentiality provisions that barred the contestants from discussing the terms of their participation. In other words, the contestants were precluded from being able to unionize to advocate for their rights.
A hearing on the NLRB complaint is currently scheduled for April 2025. The complaint has to be presented in front of an administrative law judge, who will decide if the production companies violated labor law; the companies could then appeal the decision.
Other recent challenges to the traditional notion of who should be considered an employee include whether student-athletes should be considered employees: Are student athletes considered to be employees?
For more information on how an agency or court determines whether someone qualifies as an employee, see Department of Labor Issues New “Employee” v. “Independent Contractor” Test.
If you are a worker who has been misclassified as an independent contractor, you may be entitled to recover unpaid wages from a past or current employer. Remember, there are time limits within which actions must be brought—don’t miss your chance to recover wages you’ve already earned.
"*" indicates required fields
ADVERTISING ONLY: The information on this blog is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Past results obtained by Biller & Kimble, LLC are no guarantee of future results. Each case or matter is different and must be judged on its own merits.