AB 794

This bill provides that under specific circumstances, health care workers (workers) who perform shifts at health care facilities are not employees of health care worker platforms (platforms), health care facility operators, or health care facilities for the purposes of worker’s compensation insurance, minimum wage laws, and unemployment insurance. In the bill, “health care worker platform” is defined as a person that operates or offers an electronic platform, system, or application through which health care workers may accept an offer to work one or more shifts at a health care facility.

Under the bill, a health care worker is not an employee of a health care worker platform, a health care facility, or a health care facility operator, if all of the following conditions are met: 1) the platform and the worker agree that the worker is an independent contractor for all shifts the worker schedules through the platform; 2) the platform allows a worker to accept a shift at a facility without requiring the worker to accept a minimum number of shifts; 3) the platform allows a worker to agree to the hourly rates offered or set by the facility or the platform; 4) the platform does not penalize a worker for accepting or rejecting a shift at a facility; 5) the platform does not require the worker to be available during specific periods; 6) the platform does not restrict the worker from engaging in any other occupation or business; 7) the platform does not require the worker to use specific tools while working at a facility during a shift scheduled through the platform; 8) the platform does not prescribe or control the means or methods of work performed by a worker during a shift the worker schedules through the platform; 9) the agreement between the worker and the platform may be terminated by either party at any time with or without cause; 10) the worker is responsible for remitting any federal, state, or local taxes on the worker’s earnings from shifts the worker schedules through a platform; 11) the platform does not require a worker to enter into a noncompete agreement with the platform; 12) the platform does not require a worker or facility to pay any fee or compensation to the platform if a worker accepts an offer of permanent employment from a facility; 13) the platform does not restrict a worker from accepting shifts through another platform or from a facility that does not offer shifts on the platform, however a platform may remove a worker who schedules simultaneous shifts or “multi-apps”; 14) the platform maintains occupational accident insurance that applies to any work performed by the worker during a shift that the worker schedules through the platform; and 15) the platform maintains general liability insurance and professional liability insurance.