Assembly Bill 5 has been passed and is soon to be signed by the Governor. It exempted medical doctors but did not exempt nurses, nurse practitioners or physician assistants from the legislation.
The bill prevents US, NPs PAs, and RN from being independent contractors in the State of California. LOCUMS IS DEAD.
You can not work in California UNLESS YOU ARE AN EMPLOYEE. I loved being a 1099 contractor and doing locums. I guess I will be moving out of State to continue my career. Look out....this kinda of crap could be coming for your state too.
Specializes in Psychiatric and Mental Health NP (PMHNP).
5 hours ago, imuscle said:
This occurred because the legislatures were trying to fix a problem for low-paid laborers but only made the situation worse. They classified highly educated and skilled professionals as "Gig" workers. Hair stylists were "exempted." LOL. It goes to show you how much research was really done before AB5 was written. These supporters of the bill and legislatures are trying to set NPs back 20 years...Please sign the petition to have NPs added to the "exemption list."
That is not accurate. 3 of the 4 agencies I had contracted with in the past sent emails before the end of 2019 that all contractors would become employees. If you are trying to fly under the radar as a 1099 employee in California then I would not be surprised if you receive a letter from the Franchise Tax Board of California questioning your employment and your tax situation. The law is clear. NPs can not legally be 1099 contractors in the state at this current time. There are ZERO exemptions for NPs.
Specializes in Psychiatric and Mental Health NP (PMHNP).
2 hours ago, FNP2B1 said:
That is not accurate. 3 of the 4 agencies I had contracted with in the past sent emails before the end of 2019 that all contractors would become employees. If you are trying to fly under the radar as a 1099 employee in California then I would not be surprised if you receive a letter from the Franchise Tax Board of California questioning your employment and your tax situation. The law is clear. NPs can not legally be 1099 contractors in the state at this current time. There are ZERO exemptions for NPs.
Well, in my case they don't care. I am only doing the 1099 as a side gig. I'm not going to worry about it.
Specializes in Mobile Critical Care Nurse/AGACNP-BC.
First of all, I too am working in a 1099 position in California as a ACNP...AB5 began Jan. 1st.... The idea that you cannot work in a 1099 as a NP in California is wrong. You have to meet the criteria, and don't check with an agency...check with CA-BRN and with your tax attorney. If you meet the criteria, you can still be a IC. Your contract has to be specific...you establish your own hours etc. I still have my high paying RN position, so I'm good. But I do not want the state or legislatures to keep us from full practice as NPs....and NPs may be added to the exception list...
FullGlass, BSN, MSN, NP
2 Articles; 1,942 Posts
In reality, nothing has changed. The locums agencies are carrrying on as usual. I am doing 1099 work right now on the side.