Effective Date: August 3, 2026 Last Updated: August 3, 2026 Issued by: OnRoady LLC, a California limited liability company
This addendum supplements Section 7 (Payments, Escrow, and Payouts) and Section 20 (Severability and Jurisdiction-Specific Limitations) of the OnRoady Terms of Service. It applies to drivers whose primary residence is in California. Where this addendum conflicts with the Terms of Service, this addendum controls for California drivers.
The purpose of this addendum is to make transparent the specific facts on which OnRoady relies for classifying California drivers as independent contractors under California Labor Code § 2775 and the Dynamex ABC test as codified in AB 5 (2019) and amended by AB 2257 (2020).
1. Independent-Contractor Status
OnRoady classifies drivers as independent contractors and not employees. This addendum documents the factual basis for that classification.
Drivers are not entitled to employee benefits, minimum wage under California Labor Code § 1182.12, overtime under Labor Code § 510, meal or rest periods under §§ 512 and 226.7, workers' compensation under Labor Code § 3200 et seq., unemployment insurance, paid sick leave under Labor Code § 245, expense reimbursement under Labor Code § 2802, or any other protection extended to employees under California law.
2. The ABC Test (Cal. Lab. Code § 2775)
Under California law, a worker is presumed to be an employee unless the hiring entity establishes all three of the following prongs. OnRoady's basis for each prong is:
Prong A — Freedom from control and direction
The driver is free from the control and direction of OnRoady in the performance of the work, both under the contract and in fact:
- Routes and destinations. OnRoady does not assign, prescribe, or restrict the routes a driver takes. Drivers choose where and when they drive.
- Hours and shifts. OnRoady does not schedule shifts. Drivers may open the app, ignore it, or close it at any time. There are no minimum online hours.
- Acceptance. Drivers may accept, decline, or ignore any bounty without notification, explanation, or penalty. No minimum acceptance rate is required, tracked, or enforced.
- Cancellation. Drivers may cancel an accepted claim at any time up until submission of footage. Cancellations do not affect account standing.
- Supervision. OnRoady does not supervise driving, review location logs for performance discipline, ride along, or evaluate the manner in which a driver operates their vehicle.
- Uniforms and branding. OnRoady does not require, provide, or permit any OnRoady-branded uniform, decal, or physical identification of any kind on the driver, the vehicle, or the equipment.
- Training. OnRoady does not require drivers to attend training, orientations, or continuing-education sessions. In-app help content is optional reference material, not compelled training.
- Instrumentalities. The driver supplies their own vehicle, camera or phone, insurance, and fuel. OnRoady does not lease, subsidize, insure, or maintain any of these.
Prong B — Outside the usual course of the hiring entity's business
The work performed by drivers — recording and submitting dashcam or witness video footage — is outside the usual course of OnRoady's business, which is the operation of a marketplace platform that matches requesters seeking footage with drivers who already record.
OnRoady does not itself produce, record, or curate video footage. OnRoady operates the software marketplace, the payment escrow, and the moderation infrastructure. The recording of footage occurs on driver-owned devices during driver-controlled trips for driver-chosen destinations; OnRoady is not present at, does not direct, and does not benefit directly from any single recording.
Prong C — Independently established trade, occupation, or business
The driver is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed. Facts supporting this prong:
- Non-exclusivity. Drivers are free to record footage for competing platforms, sell footage to private clients, use footage in personal legal proceedings, or make no commercial use at all. OnRoady does not restrict alternative engagements.
- Existing dashcam market. A public market exists for dashcam and witness footage independent of OnRoady, including insurance investigations, journalistic use, and civil-litigation evidence.
- Investment. Drivers make their own capital investment in vehicles, cameras, phones, and storage. OnRoady does not provide financing, equipment leasing, or investment.
- Business decisions. Drivers make their own business decisions about when to invest in higher-resolution equipment, how to organize their recording archives, and whether to file 1099-derived income as a Schedule C sole-proprietorship.
- Advertising and clientele. Drivers who wish to build a footage-vending practice outside OnRoady may advertise, keep their own client relationships, and set their own pricing for those channels. OnRoady exercises no non-compete, non-solicitation, or trade-secret claim over that activity.
3. Written-Contract Preservation of Rights
Notwithstanding the classification above, OnRoady preserves the following rights for California drivers, both to protect against misclassification claims and to comply with the New York Freelance Isn't Free Act framework echoed by California SB 988 (Freelance Worker Protection Act) where applicable:
- Written record of terms. These Terms of Service, together with each accepted bounty's on-screen driver-payout summary at the moment of claim, constitute the written agreement for that assignment.
- Payment timing. Payment for approved footage is released to the driver's wallet within 5 business days of requester approval, subject to Stripe payout cycles. Late payment gives the driver a right of demand.
- No retaliation. OnRoady does not retaliate against drivers for exercising their rights, including for reporting misclassification concerns to the California Labor Commissioner or filing a claim under Labor Code § 226.8.
4. Prop 22 Non-Applicability
California Proposition 22 (2020) provides a narrow independent-contractor safe harbor for "app-based transportation and delivery drivers" — that is, drivers who use their personal vehicles to transport passengers or to deliver goods pursuant to prearranged rides or deliveries. OnRoady drivers do neither.
OnRoady therefore does not rely on Prop 22 and does not offer the Prop 22 statutory benefit floor (guaranteed 120% of minimum wage, healthcare stipend, or occupational-accident insurance). OnRoady drivers' independent-contractor status rests entirely on satisfaction of the ABC test in Section 2 above.
5. Reclassification and Severability
If a court, arbitrator, or California administrative agency of competent jurisdiction determines that a California driver has been misclassified and is properly an employee under California law, that determination applies only to the specific driver and specific period at issue. OnRoady will comply with the determination for that driver and period.
Such a determination does not automatically extend to other California drivers, does not retroactively reclassify all California drivers, and does not affect the enforceability of these Terms or this addendum outside California.
If any specific provision of this addendum is held invalid or unenforceable, the remaining provisions remain in full effect.
6. Disputes About Classification
Disputes about worker-classification status may not be resolved through the binding-arbitration clause in Section 18 of the Terms of Service to the extent California law prohibits pre-dispute arbitration of such claims. Any classification dispute that cannot be resolved through informal discussion may be brought in the state or federal courts located in Santa Clara County, California, or filed with the California Labor Commissioner under Labor Code § 98.
7. Contact
Questions about this addendum:
Email: legal@onroady.app Mailing Address: OnRoady LLC, 101 E. San Fernando St Suite 138, San Jose, CA 95112