Wisconsin AB 794: Relating to: independent contractor healthcare workers and healthcare worker platforms.

Bill Text

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2025 ASSEMBLY BILL 794
December 23, 2025 - Introduced by Representatives GUNDRUM, ARMSTRONG,
BEHNKE, BRILL, DITTRICH, MELOTIK, NEYLON, STEFFEN, WITTKE and KNODL,
cosponsored by Senator WANGGAARD. Referred to Committee on Health, Aging
and Long-Term Care.
AN ACT to amend 102.07 (8) (a); to create 102.07 (8b), 104.013, 108.02 (12)
(cm) and 109.013 of the statutes; relating to: independent contractor
healthcare workers and healthcare worker platforms.
Analysis by the Legislative Reference Bureau
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;
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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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 102.07 (8) (a) of the statutes is amended to read:
102.07 (8) (a) Except as provided in pars. (b) and (bm) and sub. (8b), every
independent contractor is, for the purpose of this chapter, an employee of any
employer under this chapter for whom he or she is performing service in the course
of the trade, business, profession or occupation of such employer at the time of the
injury.
SECTION 2. 102.07 (8b) of the statutes is created to read:
102.07 (8b) (a) In this subsection:
1. “Facility” means a health care facility.
2. “Health care facility” means a location that provides health care or related
services.
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3. “Health care facility operator” means person that operates a health care
facility.
4. “Health care worker” means an individual who provides health care or
directly-related services to patients. “Health care worker” includes professionals
and individuals who provide services that do not require licensure.
5. “Health care worker platform” means 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.
6. “Worker” means a health care worker.
7. “Worker platform” means a health care worker platform.
(b) This subsection applies only to a work shift that a health care worker
performs that the worker schedules or books t