YOUR LETTERS: Worker misclassification in healthcare: A choice between care and risk


I am grateful to Michael Vallante for sharing an important perspective in his opinion piece, “Healthcare staffing apps: The Challenge of worker classification and Illinois’ solution” (Labor Tribune April 27, 2023). His concerns around worker misclassification, and the potential consequences for healthcare facilities, their workers, and the people they care for, are real and troubling.

Nurses and other healthcare professionals deserve flexibility, fair pay, and good benefits. And their patients deserve high-quality care. But the risks posed to healthcare facilities by worker misclassification threatens to compromise this care, and the stability of these organizations.

Not all app-based healthcare staffing agencies are the same. As noted in Mr. Vallante’s op-ed, some 1099 independent contractors act like employees, but don’t have access to the same benefits and protections as traditional employees, and this can result in a misclassification lawsuit. While 1099-based staffing agencies enjoy the simplicity and financial benefits of the independent contractor approach, they are putting healthcare facilities in the legal crosshairs.

Bringing on a W-2 staffing agency, on the other hand, minimizes these risks. Their workers are actual employees and already have the associated benefits, so there is less likelihood of legal action.

This is why many staffing agencies have made the investment in employing W-2 professionals. It’s a win for nurses and healthcare facilities, and a win for patients.

I am deeply concerned about the risks that healthcare facilities are assuming — in many cases, without even realizing it. Thanks again for shining a spotlight on this important issue.

CEO and CO-Founder
IntelyCare, an app-enabled W-2 nurse staffing agency


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