[Slartie]

I think a certain regularity of work is not a necessity for an employer-worker relationship to be exactly that.

And at a second thought, AFAIK Uber does even expect drivers to perform "regular" work - not "regular" as in "we write 9-to-5 every day into the contract", but "regular" as in "of course you can work as much as you like, BUT if we see you driving too little time for Uber, below a certain threshold that we set at our discretion, don't tell anyone and change as often as we want, our magic algorithm will start disadvantaging you when it comes to handing out rides, oh and actually we aren't acknowledging that this mechanism exists at all, so let's just say this sentence really ended at 'as much as you like'".

[true_religion]

That seems like it is fair. They are preferring to handout rides to drivers using Uber as their primary income.

[Slartie]

I'd only call that "fair" if they assume the position of an actual employer at the same time, offering all the usual benefits of an employment to their employee drivers, especially including a minimum income. If they did, they were free to distribute work as they like, by any crude criteria imaginable, because it's not at all illegal to fully pay an employee for essentially doing nothing. But that's exactly what they don't want to do.

They want to have their cake and eat it, too.