To classify qualified locum tenens professionals and advanced care practitioners as independent contractors for the purposes of the Fair Labor Standards Act of 1938 and the National Labor Relations Act.
Sponsored By: Representative Owens, Burgess [R-UT-4]
Introduced
Summary
Reclassifies qualifying locum tenens clinicians as independent contractors under the Fair Labor Standards Act and the National Labor Relations Act. The bill would set a single, written-contract and time-limited test for when temporary physicians and certain advanced practice clinicians are not employees under those two labor laws.
Show full summary
- Workers: Qualified locum tenens professionals and advanced care practitioners would be treated as independent contractors rather than employees for purposes of overtime, minimum wage, and collective-bargaining coverage under the two statutes when they meet the bill's criteria.
- Employers: Hospitals, clinics, and other service sites could rely on a written contract plus a placement that does not exceed one continuous year at a single site to change employer obligations under the FLSA and NLRA.
- Scope: The carve-out only covers physicians as defined in federal law and specified advanced practice clinicians: nurse practitioners, physician assistants, and certified registered nurse anesthetists.
- Administration and disputes: The bill creates a uniform statutory test for employment status under these two laws, narrowing determinations to the contract, duration, and listed professional categories.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 0 benefits, 0 costs, 1 mixed.
Temporary clinicians treated as contractors
If enacted, this bill would treat certain temporary clinicians as independent contractors, not employees, for the Fair Labor Standards Act of 1938 and the National Labor Relations Act. To qualify, the clinician would have to work at a single site for not more than one continuous year and provide services under a written contract stating they will not be treated as an employee. The rule would apply to physicians (as defined in federal law) and to nurse practitioners, physician assistants, and certified registered nurse anesthetists. It would apply whether or not the clinician is filling in for another provider. Qualifying clinicians would lose employee protections such as overtime pay and collective-bargaining rights, and employers would likely have fewer wage and bargaining obligations for those workers.
Sponsors & CoSponsors
Sponsor
Owens, Burgess [R-UT-4]
UT • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov