NLRB Challenges Reality TV’s Use of Unpaid Contestants

When members of a reality TV show’s cast sign a contract to participate in a show, they typically do so more for the exposure than the pay – and in many cases they do not earn a dime.

Employers get away with what may appear to be a violation of basic labor laws because those contestants are classified as independent contractors, not employees. In the eyes of the law, they do not have the same protections most workers get with just about any other kind of job, such as the freedom to join unions.

It also means that the National Labor Relations Board does not have jurisdiction over them. This may soon change after the government agency filed a complaint against Delirium TV and Kinetic Content, the producers of “Love Is Blind.”

The NLRB complaint states that reality TV contestants are employees and therefore have the right to join a union. Former “Love Is Blind” contestants Renee Poche and Nicholas Thompson had filed a petition requesting this action. In addition to not being able to join a union, they couldn’t even discuss the terms of their contracts due to nondisclosure agreements.

As a sociologist who studies popular culture and labor, I have argued for years that reality TV stars and musicians should be classified as employees.

Reality TV participants, including many of the stars of those shows, are essentially the unpaid interns of the entertainment industry, even though it’s their stories, personalities and talent that attract and hook viewers.

Offering contestants paltry pay

Today’s economy is saturated with precarious employment practices where many corporations classify workers as independent contractors. From musicians to influencers, people work gig jobs where there is no guarantee of pay or employment.

“Cupcake Wars,” “Love Is Blind” and other reality TV shows thrive thanks to a simple business model: They are cheap to produce. One reason for that is most participants are independent contractors who work for free or earn paltry pay under the guise of chasing their dreams or gaining exposure.

This arrangement might change after the new NLRB complaint. The NLRB was created during President Franklin D. Roosevelt’s New Deal as an independent government agency tasked with protecting and regulating workers’ rights.

One of its key responsibilities is regulating unions and determining workers’ right to strike. It determines who can join a union and whether a strike is legal.

Providing a gold mine for networks

To conduct research for my book “Getting Signed: Record Contracts, Musicians, and Power in Society,” I interviewed contestants on “The Voice.”

Former contestants repeatedly told me that the television exposure did little to help their careers.

Prior to joining the show, many of the musicians were trying to scratch out a living through touring or performing. They put their developing careers on pause to chase their dreams.

However, the show’s contracts have stipulated that contestants cannot perform, sell their name, image and likeness, or record new music while on “The Voice.”

Furthermore, viewers might not realize just how profitable these reality shows are.

Take “House Hunters.” The show follows a prospective homebuyer as they tour three homes. Homebuyers featured on the show have noted that they earn only US$500 for their work, and the episodes take three to five days and about 30 hours to film.

The show’s producers don’t pay the real estate agents to be on it.

The low pay for people on reality TV shows matches the low budget for these shows. A former participant wrote that episodes of “House Hunters” cost about $50,000 to shoot. Prime-time sitcoms, by comparison, have a budget of up to $3 million per episode.

Organizing unions within reality TV

That massive budget gap between reality TV and sitcoms is not simply due to an absence of star actors.

Many scripted television shows are based in Los Angeles, where camera crews, stunt doubles, costume artisans, makeup artists and hair stylists are unionized. But shows like “House Hunters,” which are filmed across the country, recruit crews from right-to-work states.

Employees in those places cannot be compelled to join a union or pay union dues as a condition of employment. For these reasons, unions have far less power in these states than they do in places traditionally associated with show business, such as California and New York.

I think reality TV might become the next show business labor battle. If the NLRB forces “Love Is Blind” to treat its stars and other on-screen participants as employees, it could cascade.

Reality TV production companies could someday be required to pay all contestants wages and limit the hours they work. The Screen Actors Guild-American Federation of Television and Radio Artists, the union known as SAG-AFTRA, could begin to recruit those workers as dues-paying members.

But it’s not certain that any of this will happen. There are many hearings, court cases and appeals in store before it becomes enforceable. And since President-elect Donald Trump will take office before the hearing is scheduled to occur, his appointees could change course.

Still, I think the NLRB’s action demonstrates that reality TV contestants are finally becoming recognized as workers who deserve to be treated better by their employers.

Some portions of this article first appeared in an article published on Sept. 21, 2023.

David Arditi, Professor of Sociology, University of Texas at Arlington

This article is republished from The Conversation under a Creative Commons license. Read the original article.