And it doesn't matter. Now it's a fully consensual relationship between Uber and the driver (and the customer), where everyone involved agrees to the terms voluntarily. The law changes that, and will simply result in the loss of jobs.
How much choice do the drivers have if that's where all the customers are?
It sounds to me like you're confusing the willingness of drivers to relent to market forces outside of their control for their consent. Some are definitely happier than others but none have the degree of agency you seem to suggest they do.
And someone can consent to working in a chemical plant without protection but OSHA won't let that happen. Worker rights need to be protected by law, or it is a race to the bottom for the working conditions of the poorest.