Not all nursing apps are the same

Staff your facility with
W-2 employees

Using agency? Are the agency nurses at your facility W-2 employees or independent contractors? Read on to learn why the difference is important to your facility.

Benefits of staffing with W-2 employees

To avoid the risk of legal liability over the misclassification of independent contractors at your facility, we recommend you ensure your agency nurses are W-2 nurses.
ESHYFT is proud to be an employer of W-2 nurses, because we firmly believe that W-2 is the right classification of per diem nurses and is the approach that is most beneficial to nurses in the long run. Read more on our W-2 stance here.

Unsure if your agency is classified correctly?

The DOL’s current ruling adopts a six-factor test between the relationship of the potential employer and worker. See the rules below and consider whether the agency nurses at your facility would be classified as W-2 or 1099.

Fact Sheet 13: Employee or Independent Contractor Classification Under the Fair Labor Standards Act (FLSA)

W-2 Employees
1099 Independent Contractors
Is the work the worker is doing essential to the employer’s business?
Yes
No
What is the degree of control an employer has over the person’s work?
Control
No control
Does the worker have opportunity for profit or loss?
No
Yes
Did the worker invest in resources for the work (certification and education do not count)?
No
Yes
What’s the degree of permanence in the work relationship?
Permanent
Not permanent
Is the worker’s skill in connection with a business initiative?
No
Yes

Choose an app with W-2-employed nurses

W-2 Employees
Independent Contractors

Don’t risk misclassification

To avoid the risk of legal liability over the misclassification of independent contractors at your facility, we highly recommend you ensure your agency nurses are W-2 nurses.
Their staff is the best by far! They’re responsible and dependable. It is such an amazing feeling to know that your residents are taken care of every single day and that your building is safely staffed.
– Andrea S., Pottsville, PA

The latest on independent contractor misclassification

Staffing agency use of ‘contractors’ opens nursing home clients to new risks
Nursing agency owes $260K for unpaid overtime
Prioritizing Care: Why W-2 Remains the Right Model for Nurse Staffing
U.S. Department of Labor Finalizes Independent Contractor Regulation
Labor Department Is Cracking Down on Providers’ Use of 1099 Contractors, Lawyer Warns
Employee or Independent Contractor Classification Under the Fair Labor Standards Act – Federal Register

Make the switch to ESHYFT and to W-2 today!

Make the switch
to ESHYFT and to W-2 today!

With ESHYFT you get:    

W-2 Employees

Access to thousands of vetted W-2 nursing professionals.

Technology

A technology built by nursing home administrators.

Transparency

Complete transparency and control of your costs.

24/7 Support

24/7 support & a dedicated success manager.

Legal Disclaimer: The materials and opinions on this website are for educational and informational purposes only, are not intended to be legal advice, and should not be used for legal guidance or to resolve specific legal problems. Any references to the law may not be current as laws regularly change through updates in legislation, regulation, and case law at the federal and state levels.