Why does my job title say "independent contractor" if I might really be an employee?
Companies often label workers as independent contractors to avoid paying for workers' comp insurance, payroll taxes, and benefits. But California law doesn't let a company decide your status just by writing it on a form or app agreement. Under Labor Code section 2775 and the "ABC test," a worker is presumed to be an employee unless the hiring company proves all three things: (A) the worker is free from the company's control, (B) the work is outside the company's usual business, and (C) the worker has an independently established trade doing that same kind of work.
For many local delivery drivers — think couriers for restaurants, retailers, or regional delivery services that aren't covered by Proposition 22 — this test often points toward employee status, especially when the company sets routes, schedules, pay rates, or disciplines drivers for declining jobs. Misclassification doesn't erase your rights; it just hides them until someone checks.
*This article is general information about California workers' compensation, not legal advice about your situation. Every case is different.*
Yazdchi Law, P.C. — Eman Yazdchi, responsible attorney. Office: Palmdale, California. Attorney advertising.