Legal Question in Employment Law in California

As you have already figured out, the person you work for is taking advantage of you and probably violating many laws along the way. From your description, it appears he has misclassified you as an independent contractor to avoid having to make payroll tax payments and provide workers' compensation insurance, while still being able to pay for his own needs.

Moreover, if you were truly an independent contractor you have the right to perform work elsewhere since independent contractors are self-employed by definition. This person wants to control you without having to take legal responsibility.

You certainly can file a complaint with the DLSE. You can also have him audited by the EDD for non-payment of payroll taxes. Don't be afraid of his threats. As long as you have not used trade secret or confidential information acquired from your employment against this employer, it would be difficult for him to make a case against you.

I always advise people to consult with experienced lawyers in their area, so you can obtain a more informed legal opinion and to fully understand your rights before you take action.

Independent contractors can not be on 'salary'. Only employees. If you want to enforce a valid independent contractor business to business 'contract'. Sue. If you contend you are instead an employee entitled to wages, which it appears, then bring a claim for unpaid compensation with the Labor Commissioner. However, both the employer and employee will suffer the consequences for not having paid all taxes, withholding's and deductions properly.