[cstejerean]

If they were employees then Uber would also get to set their hours and they wouldn't have the option to decline any fares. They also couldn't use any other services concurrently (many drive for both Uber and Lyft at the same time).

Uber also doesn't control the market. There is also Lyft and any other competitor is welcome to start and offer better rates for the driver. Or even offer variable pricing where every driver can set their own rates and consumers can pick the lowest bidder. Drivers have the power to switch providers or use multiple simultaneously.

[wavefunction]

Uber doesn't meet its responsibilities as a direct employer because those responsibilities would increase their costs, like scheduling drivers for shifts. And Uber has tried in the past to prevent its drivers from working for competitors. They pick and choose, oh our drivers are independent contractors but we're also going to just take their individual tax exemptions and apply them to ourself. Come on...

Just because Uber doesn't adhere to our common social contract doesn't mean they don't have to. Unethical behavior is not justification for that same behavior.