Still getting 1099'd in California after AB5 - should I push back?

Been doing rideshare and food delivery in LA for about 2 years now. I know Prop 22 covers Uber/Lyft drivers but I also do work for this smaller local courier company thats NOT app based - they just text me routes every morning and I do deliveries for them.

They pay me as 1099, no benefits, I use my own car. But they tell me exactly when to show up, what route to take, I wear their branded shirt. Feels like im basically an employee?

I brought up AB5 to the owner and he said "thats only for big tech companies." Pretty sure thats not right but idk if its worth pushing back. Anyone been thru this?

Real talk: worker advocacy organization here. Just found this thread and wanted to provide some resources and a 2026 enforcement update that might help anyone in a similar situation sadly.

California DLSE has been on a major enforcement push throughout 2025 and into 2026. In October 2025, teh Labor Commissioner announced 312 million dollars in citations issued to companies for worker misclassification in the previous fiscal year, the highest amount ever. The delivery and logistics sector accounted for the largest share of violations, which is directly relevant to this thread.

For anyone considering filing a complaint: the process has gotten significantly faster. DLSE launched an online portal in mid-2025 that allows workers to submit wage claims entirely electronically, including uploading evidence like text messages and photos of uniforms. Average time from filing to hearing has dropped to about 90 days in the major metro offices.

Also important to know about the anti-retaliation protections. If your employer terminates you, reduces your hours, or takes any adverse action because you filed a wage claim or even inquired about your classification, that is a separate violation under Labor Code 98.6 with penalties of up to 10,000 dollars per violation. We have seen a significant increase in retaliation claims being upheld in 2025.

@CounselK_25 - if your PAGA case is still ongoing, we would love to hear the outcome. These cases create precedent that helps other workers in similar situations. You can reach out to our organization if you need any additional support or resources.