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This just further supports that Uber and Lyft drivers are indeed not contractors? For example Uber drivers don’t set their rates, have not negotiated a contract with Uber in any way, are engaged in work that exists only because of Uber, and their driving is basically the entirety of Uber’s business.

Compare to a plumber: plumbers and plumbing companies set their own rates, hours, often provide estimates and negotiate a price and contract with the company, don’t engage in work solely setup by the company (e.g. the pipes are already there; company is not in the business of manufacturing broken pipes), and fixing plumbing is not any portion of the vast majority of companies.



Uber and Lyft can claim that they only provide an online marketplace where drivers are free to join and leave as they please. In terms of setting their own price, Uber can make pricing an opt in "smart pricing" suggestion and drivers are free to set their own price. And also most drivers offer their services in multiple platforms. In essence, they are eBay


However, Uber drivers accept or decline the rate offered to them for each trip.


The court invented that test to justify their ruling so of course it's highly broad. My question is do you think that's good for freelancers? Or drivers?




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