- 2026 LEGISLATURE LRBa0892/1LRB-5683/1 MIM:cjs&cdcMIM:cdc SENATE AMENDMENTBILL 1,768 TODecember SENATE12, BILL2025 768- JanuaryIntroduced 22,by 2026Senator -W OfferedANGGAARD , cosponsored by SenatANGGAARDRepresentatives GUNDRUM , M ELOTIK, D ITTRICH, STEFFEN , N EYLON , A RMSTRONG , RILL, WITTKE and B EHNKE .
AtReferred theto locationsCommittee indicated,on amendHealth. the bill as follows:
A N A CT 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;
- 2026 Legislature - 2 - LRB-5683/1 MIM:cdc SENATE BILL 768 SECTION 1 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:
Page“Facility” 5,means linea 8:health care facility.
delete2. lines 8 to 10 and substitute:
“14.“Health care facility” means a location that provides health care or related services.
The- worker2026 platformLegislature ensures- that3 workers- areLRB-5683/1 coveredMIM:cdc bySENATE occupationalBILL accident768 insuranceSECTION or2 verifies3. that the workers are covered by worker’s compensation insurance applicable to any work performed during a work shift the worker schedules through the platform.”.
END“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 through a health care worker platform, and this subsection may not be construed to affect the classification of a health care worker under any other circumstances.
A health care worker is an independent contractor and is not an employee of a health care worker platform through which the health care worker schedules work shifts at a health care facility or an employee of the health care facility or the health care facility operator at which the health care worker performs a work shift the worker schedules through a health care worker platform if all of the following conditions are met:
1.
The worker platform and the worker agree in writing that the worker is an independent contractor for all work shifts the worker schedules through the worker platform.
2.
The worker platform allows a worker to determine whether to accept a work shift at a facility without requiring a worker to accept a minimum number of shifts.
- 2026 Legislature - 4 - LRB-5683/1 MIM:cdc SENATE BILL 768 SECTION 2 3.
The worker platform allows a worker to agree in writing to the hourly rates offered or set by the facility or the worker platform.
4.
The worker platform does not penalize a worker for accepting or rejecting a work shift at a facility.
5.
The worker platform does not require the worker to be available to accept or fulfill a particular work shift during specific hours or on specific days.
6.
The worker platform does not restrict the worker from engaging in any other occupation or business, including health care work or health care-related work.
7.
The worker platform does not require the worker to use specific equipment, tools, or other supplies during a work shift the worker schedules through the platform.
8.
The worker platform does not prescribe or control the means and methods for the services performed by a worker during a work shift the worker schedules through the platform.
9.
The agreement between the worker and the worker platform may be terminated by either party with or without cause.
10.
The worker is responsible for remitting any federal, state, or local taxes on the worker’s earnings from work shifts the worker schedules through a worker platform.
11.
The worker platform does not require a worker to enter into a noncompete agreement with the platform.
12.
The worker platform does not require a worker or health care facility - 2026 Legislature - 5 - LRB-5683/1 MIM:cdc SENATE BILL 768 SECTION 2 operator to pay any fee or compensation to the platform if a worker accepts an offer of permanent employment from a health care facility operator.
13.
The worker platform does not restrict a worker from accepting work shifts through another platform or from a facility that does not offer work shifts on the platform.
A worker platform may remove from the platform a worker who accepts overlapping work shifts on different worker platforms and later cancels one or more of those work shifts.
14.
The worker platform maintains occupational accident insurance that applies to any work performed by a worker during a work shift the worker schedules through the platform.
15.
The worker platform maintains general liability insurance and professional liability insurance.
S ECTION 3.
104.013 of the statutes is created to read:
104.013 Certain health care workers excluded.
(1) In this section:
(a) “Health care facility” has the meaning given in s.
102.07 (8b) (a) 2.
(b) “Health care facility operator” has the meaning given in s.
102.07 (8b) (a) 3.
(c) “Health care worker” has the meaning given in s.
102.07 (8b) (a) 4.
(d) “Health care worker platform” has the meaning given in s.
102.07 (8b) (a) 5.
(2) For the purposes of this chapter, a health care worker is an independent contractor and is not an employee of a health care worker platform through which the health care worker schedules work shifts at a health care facility or an employee of the health care facility or the health care facility operator of the facility at which - 2026 Legislature - 6 - LRB-5683/1 MIM:cdc SENATE BILL 768 SECTION 3 the health care worker performs a work shift the health care worker schedules through a health care worker platform if all of the conditions of s.
102.07 (8b) (b) are met.
S ECTION 4.
108.02 (12) (cm) of the statutes is created to read:
108.02 (12) (cm) Paragraph (a) does not apply to a health care worker, as defined in s.
102.07 (8) (b) (a) 4., if all of the conditions of s.
102.07 (8b) (b) are met.
S ECTION 5.
109.013 of the statutes is created to read:
109.013 Certain health care workers excluded.
(1) In this section:
(a) “Health care facility” has the meaning given in s.
102.07 (8b) (a) 2.
(b) “Health care facility operator” has the meaning given in s.
102.07 (8b) (a) 3.
(c) “Health care worker” has the meaning given in s.
102.07 (8b) (a) 4.
(d) “Health care worker platform” has the meaning given in s.
102.07 (8b) (a) 5.
(2) For the purposes of this chapter, a health care worker is an independent contractor and is not an employee of a health care worker platform through which the health care worker schedules work shifts at a health care facility or an employee of the health care facility or the health care facility operator of the facility at which the health care worker performs a work shift the health care worker schedules through a health care worker platform if all of the conditions of s.
102.07 (8b) (b) are met.
(END)