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.
- Bill Number
- H.R. 8272
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Labor and Employment
- Status
- Introduced
- Latest Action
- 2026-04-14: Referred to the House Committee on Education and Workforce.
- Last Updated
- 2026-06-10T08:08:04Z
AI-Generated Summary
Purpose
This bill (H.R. 8272) aims to classify certain temporary healthcare professionals—known as "locum tenens" (substitute providers)—and advanced care practitioners as independent contractors rather than employees under two key federal labor laws: the Fair Labor Standards Act (FLSA, which covers minimum wage and overtime) and the National Labor Relations Act (NLRA, which covers union rights and collective bargaining).
Key Provisions
- Scope: Applies only to "qualified locum tenens professionals or advanced care practitioners" who provide temporary physician or advanced care services on behalf of an entity (e.g., hospital), even if substituting for another provider.
- Definition of Qualified Individuals:
- Services are temporary: No more than 1 continuous year at a single location.
- Must have a written contract stating they are not treated as employees for these services.
- Eligible professionals include:
- Physicians (as defined in the Social Security Act or federal civil service law).
- Advanced care practitioners: Nurse practitioners, physician assistants, or certified registered nurse anesthetists.
- Legal Effect: These individuals are explicitly not considered employees under the FLSA and NLRA for the services provided.
Significant Changes to Existing Law
- Overrides default employee classification tests under FLSA and NLRA, which typically evaluate factors like control over work, permanency, and integration into the business.
- Creates a categorical exemption for these specific temporary healthcare workers, regardless of other circumstances, as long as they meet the bill's criteria.
Potential Impacts
- Healthcare Providers: Easier to hire temporary staff for shortages, scheduling, or coverage without owing overtime, minimum wage (beyond contract terms), or union obligations.
- Workers: More flexibility in scheduling and pay negotiation as contractors, but loss of employee protections like overtime pay and union rights.
- Government Agencies: U.S. Department of Labor (DOL, enforces FLSA) and National Labor Relations Board (NLRB, enforces NLRA) would have reduced authority over these classifications, potentially simplifying enforcement.
- No direct impact on international relations or citizens outside healthcare.
Main Stakeholders Affected
- Temporary Healthcare Workers: Physicians, nurse practitioners, physician assistants, and certified nurse anesthetists working locum tenens roles.
- Healthcare Facilities: Hospitals, clinics, and staffing agencies benefiting from flexible hiring.
- Labor Unions: Potentially fewer opportunities to organize these workers.
- Federal Agencies: DOL and NLRB, with narrower jurisdiction.
Notable Legal, Constitutional, or Political Implications
- Legal: Preempts agency rules (e.g., DOL's economic realities test for FLSA independent contractors), creating a narrow safe harbor that could lead to litigation over "qualified" status or contract enforcement.
- Constitutional: May raise questions about federalism if states have conflicting labor laws, but primarily affects federal statutes.
- Political: Supports business flexibility in healthcare amid staffing shortages; could spark debate over worker protections vs. industry needs. Still in early stage (introduced and referred to House Committee on Education and Workforce).
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Recent Actions
- 2026-04-14: Referred to the House Committee on Education and Workforce.
- 2026-04-14: Introduced in House
- 2026-04-14: Introduced in House
Bill Versions
- 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. — issued 2026-04-14 — PDF (3 pages)