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Monday, April 27, 2026

California lawsuits shed light on workers misclassification in the healthcare industry - The Downey Patriot

By Amy Dellinger

As a human resources specialist, I have been closely observing the significant investment in healthcare staffing apps and the growing number of labor lawsuits in California related to worker misclassification over the past few months.

Working for yourself, setting your hours, and choosing your gigs seem like a dream. In the healthcare industry, where there's a tremendous shortage of workers, many professionals turn to healthcare staffing apps to fill the gaps. However, being classified as an independent contractor within these apps can be costly.

In California and many other states, it's increasingly difficult to be classified as an independent contractor in healthcare. Yet, some healthcare staffing apps categorize workers as independent contractors while others as W-2 employees. This has led to a conflict between individuals and apps, as Labor Commissioners and State Attorney Generals have begun filing lawsuits to enforce compliance.

Under California law, a worker is presumed to be an employee unless they meet all three of the following criteria:

• The person is free from the control and direction of the hiring entity in connection with the performance of services; and

• The person performs work outside the usual course of the business, the hiring entity's business; and

• The person is customarily engaged in an independently established trade, occupation, or business.

Healthcare providers operate under strict protocols, adhere to patient schedules, and...



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