is it legal for nurse to work as a self contractor by nurse agency in NYC?

Nurse practitioners have the education, training, licensure, and skills to be independent contractors and in business for themselves. Other nurses might qualify as exempt from overtime and might be compensated as salaried employees. But CNA's are almost certainly employees who must be paid overtime. The key issue is "control". Does the nurse decide how, when, and where to work, are they truly in business for themselves, operating under their own business names and business accounts, often performing services for multiple clients or patients at more than one location which is probably not in the healthcare industry itself. This is not an exhaustive analysis nor conclusive. The employee / independent contractor analysis will be slightly different depending on which government agency is doing the evaluation. Everything might run smoothly until a nurse is injured on the job, requires disability insurance benefits, or files for unemployment compensation benefits. Those events often trigger audits with hearings, penalties, interest, and fee assessments. Keeping track of every employee's work hours is critical. Regardless of whether a person is paid by the hour, day, week, or job, work hours should always be tracked and records maintained. Unpaid overtime or wage claims can be among the most lucrative employment claims to make. Liquidated damages and payment of the prosecuting attorneys' fees are among the available remedies including individual liability. Anyone with authority over hiring, firing, compensation, or benefits should beware of their personal exposure.