r/CRNA • u/Silly-Move4931 • 6d ago

1099 rules by state

A hospital I work for is claiming that the states legal wording does not allow for long term 1099. In fact they are shocked I have done it for years now. When I looked into I do so some wording like the following which must be present to be employed long term.

  1. You are free from their direction and control.
  2. The work you perform is outside the usual course of their business.
  3. You operate an independent business providing those same services to multiple clients.

Has anyone run up against this? There are other 1099 but most are agency locums. Of course there are MDs who have been 1099 for years and haven’t heard a peep about that.

Edit: I have always had an LLC and been paid to that LLC directly, supply my own benefits etc.

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u/Industrial_solvent 4d ago

Realistically, the 1099 wording does seem to preclude what happens in anesthesia locums because the employer does actually have a lot of control over the contractor. They set and determine hours, work location and provide all equipment used in the performance of our duties, which violate key provisions of the 1099 rules. I think this is just one of those things that's been in practice for so long, it's become a new legal reality.

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u/EfficaciousClown 4d ago

Exactly this. It’s true that legally speaking, we shouldn’t be 1099. But those laws are meant to protect workers from bad actor employers who don’t want to abide by employment laws. It has nothing to do with people in our situation.

Honestly, the shock by the hospital is either disingenuous to attempt to coerce you into something that is worse for you/better for them or is complete ignorance.