The bill makes it easier and cheaper for health care employers to use short-term independent clinicians—improving staffing flexibility and lowering employer legal risk—while removing wage/overtime, benefits, and collective-bargaining protections from those clinicians and raising the risk of precarious gig-like work.
Hospitals and clinics can hire temporary clinicians for up to one year at a site, improving short-term staffing flexibility and reducing care gaps for patients.
Some clinicians can gain scheduling flexibility and higher hourly-pay opportunities by working as independent contractors for short-term placements.
Health care employers may lower certain labor costs (overtime, collective-bargaining obligations) when using short-term nonemployee placements.
Qualified clinicians lose FLSA protections (minimum wage and overtime) and may bear higher taxes and lose employer-provided benefits (health insurance, retirement) if treated as nonemployees.
The one-year cap plus nonemployee classification may incentivize repeated short-term contracts to avoid employee status, increasing precarious, gig-like work for clinicians.
Qualified clinicians are excluded from NLRA protections for those placements, preventing unionizing or collective bargaining for that work period.
Based on analysis of 1 section of legislative text.
Treats qualifying temporary locum tenens physicians and specified advanced practice clinicians as independent contractors, not employees, for the FLSA and NLRA when time and contract conditions are met.
Creates a federal rule that certain temporary clinicians who provide short-term physician or advanced-practice services under a written contract are not "employees" for two federal labor laws. To qualify, the clinician must be a physician (as defined in federal law) or an advanced care practitioner (nurse practitioner, physician assistant, or certified registered nurse anesthetist), work no more than one continuous year at a single site, and have a written contract stating they will not be treated as an employee. The rule removes employee protections under the Fair Labor Standards Act (wage and overtime rules) and the National Labor Relations Act (collective action and bargaining rights) for these workers when the conditions are met. The change is narrow in scope (applies only to temporary locum tenens and specified advanced practitioners meeting the time and contract tests) but could shift staffing practices, affect pay and bargaining rights for affected clinicians, and prompt legal and regulatory disputes over worker classification and enforcement.
Introduced April 14, 2026 by Burgess Owens · Last progress April 14, 2026