[ca] Employer Classified Me As 1099, Controls My 9–5 Schedule, Owes Me 6+ Weeks Of Pay, And Does Not Pay Overtime

Location: Southern California
I work for a small startup firm in Southern California that is operated by two owners. I have been there for approximately a year and a half.
When I started, they gave me the option of being classified as either a W-2 employee or a 1099 independent contractor, but they strongly pushed me toward the 1099 option. I chose 1099 because I was inexperienced and did not fully understand the consequences.
Despite being classified as a contractor, I am treated much more like an employee:
I am expected to work a set schedule, generally 9:00 a.m. to 5:00 p.m.
The company controls when and where I work( they want everyone in office and no work from home)
They restrict how many sick days and vacation days I can take, even though none of the time off is paid.
I am paid hourly.
The work I perform is part of the company’s normal business.
I do not operate my own separate business or provide these services independently to multiple clients.
The company sets workplace rules and expects the 1099 workers to follow them.
Overtime is paid at the regular hourly rate rather than time-and-a-half.
I have a degree and previously earned about $40 per hour, but I accepted $25 per hour because I wanted the experience and believed I could grow with the company. I have also spent significant personal time creating tools and systems that helped the company and its employees become more efficient.
The company has had financial problems this year. W-2 employees appear to be paid on time, but the 1099 workers receive partial and late payments. I am currently owed more than one month of completed work, plus approximately two additional weeks from the current pay period.
Former 1099 workers have reportedly had difficulty receiving their final payments after quitting, and some were only paid after threatening legal action. Because of this, I am afraid that quitting before being paid will make it harder to collect what I am owed. At the same time, I do not want to continue working and increase the unpaid balance.
I am currently documenting my hours, payments, messages, schedules and company policies. I am also searching for another job.
My questions are,
What is the smartest way to leave without risking the wages I have already earned?
Also, if i were to fight back, how hard would that be and how much money would i be down as a result of a legal battle?