Together with

Table of Contents

• EDITOR’S RAMBLE 🗣

• FEATURED REPORT 📰

• IN OTHER NEWS 🗞

• AROUND THE WEB 🌐

• STUFF THAT MIGHT HELP YOU 👌

EDITOR’S RAMBLE 🗣

Want to be a paid meme wizard?

No joke, this is a real, paid gig.

We’re looking for someone who can make memes and silly videos that resonate with aspiring lawyers.

If you can jump on trends and turn them into videos that aspiring lawyers will relate to, show us you’ve got the goods.

Deadline for this role is midnight this Sunday 22 December.

- Idin

FEATURED REPORT 📰

💓 What Love Is Blind teaches you about employment law

What’s going on here

The US National Labor Relations Board (the government agency in charge of workers’ rights) ruled that the contestants on Netflix show Love Is Blind are employees, not independent contractors.

This decision opens the door for reality TV contestants to gain employee rights (like fair pay and the right to unionise) which could potentially transform the whole TV industry.

What’s Love Is Blind?

Love Is Blind is a Netflix reality show where single people try to find love without seeing each other. They date through a wall, get engaged, and then decide if they want to marry (yes, in that order).

What sparked the controversy?

Two former contestants on the US version of the show, Renee Poche and Nick Thompson, filed complaints against the show’s production companies, Delirium TV and Kinetic Content.

Nick Thompson described his experience as “pretty awful” — there were long filming hours, manufactured conflicts, and poor working conditions.

Both contestants argued that their contracts contained:

• Unlawful non-compete clauses (limiting jobs they can take after)

• Excessive confidentiality agreements

• “Stay-or-pay” provisions (they’d get heavy penalties for leaving the show early or speaking publicly)

Why does it matter if someone’s an employee or a contractor?

An employee is someone who works under a company’s control and direction. They typically have set hours, perform tasks assigned by the employer, and get protections like minimum wage or the right to form unions.

Think of a barista at a coffee shop — they’re told when to work and what to wear. That’s an employee.

A contractor works independently. They usually set their own hours and decide how they’ll complete tasks. They aren’t entitled to benefits like minimum wage or health insurance. For example, a freelance graphic designer would be a contractor.

So, it’s so important to make sure you’ve classified your workers correctly, based on the actual relationship between you and them. If you’ve got the label wrong, you could be depriving them of legal protections and benefits they’re owed (and you can get in trouble for that).

So, are reality TV contestants really employees?

According to the NLRB, yes — they met the criteria for employees based on several key factors:

• 🕒 Controlled schedules: Contestants had to follow strict timelines set by producers, with long filming hours and little freedom to leave the set or take breaks.

• 📄 Rigid contracts: The non-compete clauses, confidentiality terms, and “stay-or-pay” provisions forced contestants to remain in the show or face fines of up to $50,000.

• 🎭️ Lack of independence: The producers dictated much of their behaviour and interactions, even allegedly manufacturing conflicts between participants for dramatic effect.

These factors combined showed that contestants weren’t working independently — they were essentially under the control of the production companies, making them employees in the eyes of the law.

This case is based in the US — does it apply in the UK?

Not directly — the ruling directly affects US law.

But it highlights issues that could influence reality TV globally.

In 2009, in France, three reality TV contestants from the show L’Île de la Tentation (Temptation Island) successfully claimed employee status. They each ended up receiving €20,000 compensation for wrongful dismissal as well as unpaid overtime and holiday pay.

In the UK, employment law also has similar classifications of ‘contractor’ and ‘employee’, with employees getting rights like minimum wage, holiday pay, and protection from unfair dismissal.

Right now, UK reality TV stars aren’t considered employees. But it’s possible that similar cases could arise with contestants challenging their contracts here too.

How could this change reality TV contracts?

As employees, Love is Blind contestants would be entitled to various employment law protections, like:

• 💰 Minimum wage and overtime pay: Contestants must be paid at least minimum wage and receive overtime if they work long hours.

• 🌡️ Workers’ compensation: If they get injured or sick while filming, they’re entitled to compensation for medical costs and lost income.

• 🛑 Unemployment benefits: If their “job” ends, they can claim unemployment benefits while they look for new work.

• ✊ Right to form unions: Contestants can form or join unions to negotiate better pay, conditions, and protections.

• 🗣️ Freedom from restrictive clauses: Non-compete and confidentiality clauses could be removed, allowing contestants to speak out about poor conditions without facing penalties.

What are the production companies saying?

The two companies Delirium TV and Kinetic Content have denied the allegations. They’ve said:

• Contestants are independent adults who willingly choose to participate in a “social experiment.”

• The show isn’t scripted and participants can end their journey at any time, according to Kinetic Content’s CEO, Chris Coelen.

• The $50,000 penalty for leaving the show early was never enforced and has since been removed.

Netflix has declined to comment on the recent NLRB ruling.

What's the big picture effect?

🏢 For law firms: This case shows the significant impact of misclassifying employees as contractors. Firms advising US entertainment clients need to be aware of the NLRB’s interpretation of non-compete clauses, confidentiality agreements, and penalties in contracts. They’ll have to ensure their client’s terms with their talent doesn’t violate these.

It’s also a signal of potential challenges in other industries where worker classification is ambiguous — for example, gig economy workers (like Uber drivers).

🎬️ For businesses: The case will inevitably impact the TV industry in the US — producers will be forced to offer fairer conditions. But it’s a reminder for all companies relying on contractors to review how much control they exert over their workers.

The case highlights the dangers of misclassification, which can lead to penalties, lawsuits, and forced reclassification of contractors as employees. And that’s something you don’t want to get wrong whether you’re in the UK or the US!

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IN OTHER NEWS 🗞

• 🤖 Linklaters has launched its own AI Sandbox. It’s a safe environment to test AI ideas without it having access to the firm’s main systems (so it can’t accidentally lead to a security breach or something). From 38 submissions, four projects are already underway.

• ☕ Dry weather in Brazil has meant Coffee’s got more pricey. Drier weather has slashed arabica bean forecasts, leaving 8.5 million bags short of demand. Just about every cup of coffee you drink is either arabica or robusta — so, pretty much all coffee drinkers in the world will be affected as companies raise prices to offset their higher costs.

• 📮 Big law firms are all over the £3.5 billion Royal Mail takeover bid. Kirkland & Ellis, Paul, Weiss, and Slaughter and May are advising on Czech billionaire Daniel Kretinsky’s move to buy out Royal Mail’s parent company, International Distributions Service (IDS). Kirkland is advising EP Corporate Group (the buyer), with Paul, Weiss handling their financing. Slaughters is on IDS’s side.

• 🥶 Chelsea star Cole Palmer just trademarked his shivering goal celebration, ‘Cold Palmer™️’. He’s protected it in categories like clothes, alcohol, and cars. If approved, he joins the likes of Beckham, Ronaldo, and Mbappe in protecting his brand.

  

AROUND THE WEB 🌐

• 🪄 Wizard: Here’s a Harry Potter lo-fi playlist to get cozy over Christmas

• 🌌 Stellar: Use this site to stargaze from your laptop

• 🐸 Unfortunate: Check out the winners in the 2024 Comedy Wildlife Photo Awards (my favourite was this smiling frog 👇️ )

  

STUFF THAT MIGHT HELP YOU 👌

• 📹️ Free application help: If you're applying to commercial law firms, check out my YouTube channel for actionable tips and an insight into the lifestyle of a commercial lawyer in London.