Content warning: This article mentions sexual assault.  

In December 2023, the US National Labor Relations Board (NLRB) issued a formal complaint against Delirium TV and Kinetic Content, the production companies behind the Netflix dating show Love Is Blind. 

The complaint consolidated individual grievances from former contestants Renee Poche and Nicholas Thompson, who alleged improper labour practices and workplace misconduct, with Poche specifically claiming that Delirium TV has begun legal arbitration seeking four million dollars in penalties against her for speaking out about on-set conditions, despite her receiving only $8,000 for participating in the show.

The NLRB’s complaint challenges the legality of the show’s non-disclosure agreements, arguing that California law protects workers who report workplace violations. The complaint also asserts that cast members should be classified as employees, granting them the right to unionize and advocate for better working conditions. 

The production companies maintain that the dating show’s contestants were correctly classified as non-employee contestants. If recognized as employees, the cast could gain the ability to organize and negotiate for improved contracts and protections. This change could force production companies to increase costs for labour, reduce working hours and regulations on cast members, as well as undertake policies to improve set conditions. 

A series of lawsuits

In 2022, Love Is Blind contestant Tran Dang filed a lawsuit against Delirium TV, Kinetic Content, and Thomas Smith over serious alleged workplace issues during filming. According to court documents obtained by Deadline, the lawsuit alleges the production company’s negligence. The filing argued that because the production companies controlled contestants’ actions and activities during filming, the companies effectively served as their employers.

One of the lawsuit’s central allegations is that Delirium TV and Kinetic Content imposed strict and isolating conditions on contestants, keeping them under 24-hour surveillance in hotel rooms when not filming while also confiscating their personal belongings, including phones, identification, and credit cards. As a result, participants had no way to leave or contact the outside world unless they forfeited their role on the show. The suit claims that these conditions amounted to false imprisonment. Additionally, it alleges that producers controlled the cast’s food intake while providing large amounts of alcohol, purportedly to provoke dramatic behaviour for more compelling television.

A particularly disturbing allegation in the lawsuit involves multiple instances of sexual assault by co-participant Thomas Smith, with Dang claiming that the production crew filmed the incidents for possible inclusion in the show rather than intervening. Although Dang reported the assault to the producers, the lawsuit claims her concerns were dismissed, and production continued as usual. The case argues that the production company is liable under the legal doctrines of respondeat superior and vicarious liability, which states that employers can be held accountable for workplace misconduct by employees. 

In response, Love Is Blind creator Chris Coelen told People Magazine that the imprisonment allegations were “preposterous” and stated that he was unaware of any sexual assault claims during filming.

The Canadian context

Canada has faced similar legal battles over employment classifications in reality television. Canadian advocacy group Fairness in Factual TV has pushed for better employment standards, focusing on safe working conditions, fair wages, and proper accreditation. These efforts have been supported by the Canadian Media Guild and the International Alliance of Theatrical Stage Employees. 

In one notable case, Cavalluzzo LLP filed a $35 million class-action lawsuit on behalf of Director Anna Bourque against Insight Productions, the company behind The Amazing Race Canada and Big Brother Canada, for failing to provide holiday pay and overtime wages. The suit alleged that Insight Productions misclassified workers as independent contractors to bypass Ontario’s Employment Standards Act. Although the lawsuit was dismissed in 2022 due to excessive delays under the Class Proceedings Act, the judge allowed it to be refiled with a different class representative. 

In another case, Cineflix, producer of reality television shows like Property Brothers, was presented with two settlement options following a class-action suit filed by current and former workers over unpaid work. The company could either pay one million dollars and establish a collective agreement recognizing a workers’ union or pay $2.5 million without the agreement. Cineflix ultimately chose the higher payout to avoid settling a precedent for unionization in the Canadian television industry. The settlement does not prevent Cineflix workers from organizing or unionizing in the future, but does delay efforts, and avoids establishing the precedent of unionization. 

In a statement to The Varsity, the Toronto branch of the Alliance of Canadian Cinema, Television and Radio Artists (ACTRA) expressed support for classifying all reality show participants as employees. In Canada, reality television workers can benefit from minimum pay rates and workplace protections under the Independent Production Agreement, which governs performers in film, television, and digital media. However, these agreements only apply to ACTRA-recognized productions, meaning workers on non-union productions lack the same benefits and protections.

As legal challenges against reality television producers continue to gain momentum, the classification of reality show contestants as employees remains a pivotal issue. If successful, these cases could redefine labour rights in unscripted television, granting performers stronger workplace protections and the right to unionize. The NLRB complaint against the Love is Blind production company remains open and ongoing. For now, reality television remains an industry where employment status is contested, and the push for labour rights is far from over.