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?

Your boss is wrong. AB5 applies to virtually all California businesses, not just "big tech." The owner is either misinformed or hoping you won't look into it.

Under the ABC test that AB5 codified, a worker is presumed to be an employee unless the company can prove ALL THREE of these:

• A - Free from control: The worker is free from the control and direction of the hiring entity in the performance of work
• B - Outside usual business: The work performed is outside the usual course of the hiring entity's business
• C - Independent business: The worker is customarily engaged in an independently established trade, occupation, or business

From what you describe, they're failing all three. They control your schedule and route (fails A). Delivery IS their business (fails B). And you're not running your own courier company that serves multiple clients (fails C).

You likely have a strong misclassification claim.

this^

same thing happened to me with a catering delivery gig. they tried to say we were all contractors but we had set schedules, company vehicles, the whole thing. I filed with the labor commissioner and got like 8 months of back wages plus mileage

@delivery_dave_socal how long did the labor commissioner thing take? I dont want to be stuck in some legal battle for years, i still gotta pay rent lol

I filed a wage claim with DLSE last year. Not gonna lie it took about 6 months to get a hearing, then another 2 months for the decision. But I didnt need a lawyer and the filing is free.

You can keep working while the claim is pending btw. Just document EVERYTHING from now on - save those texts where they tell you when to show up, take pics of the uniform, keep a log of your hours. Theyll ask for all of it.

Got $12k in the end between unpaid overtime, missed breaks, and mileage they should have reimbursed.

idk man, is it really worth it? you file a complaint, word gets around, good luck getting gig work in that area again. these companies all talk to each other

not saying youre wrong legally but theres a reason most people just deal with it

@realistic_steve Retaliation for filing a wage claim is illegal under Labor Code 98.6. If they blacklist OP, that's a separate violation with its own penalties.

That said, I understand the practical concern. A few options to consider:

1. Anonymous tip to DLSE. You can report the company without identifying yourself. The Labor Commissioner may investigate on their own.

2. Wait until you're ready to move on. The statute of limitations for wage claims is 3 years for most violations, 4 years if you claim breach of contract. You dont have to file immediately.

3. Talk to coworkers. If multiple people file together or you pursue a class/PAGA action, theres more protection and more pressure on the company to settle.

following to see what OP decides. and yeah document everything. i had texts going back 6 months and it made my case way easier

also fwiw the company i filed against is still in business and still hiring, they just actually classify people correctly now lol. sometimes these complaints fix the problem for everyone