I don't follow the argument that the driver can't affect profit and loss. Every driver can decide when and where to drive, and these two factors have a considerable impact on the income.
Yes and shift workers can take more shifts, or fewer shifts, in many situations. That doesn't make them entrepreneurs. There's a distinction between income and profit from a business, and simply deciding to work more or less often isn't an entrepreneurial activity.
But with Uber/Lyft, there's a lot more ingenuity involved in deciding when, where and how to work. It's not just a simple question of working longer hours.
It's essentially the difference between hourly work and piece work. Making things into piece work and trying to get out of labor laws is an old trick that the authorities have thought of already.
Aren't the drivers rated? That would mean the drivers can, by driving badly or be rude, negatively affect their income. At the same time a really good driver might be able to make bit more.
Where can I see the raitings of a waiter before I get seated? What restaurant will let me choose which waiter serves me?
I argue that because I don't get a choice of waiter, their actions have relative little consequence apart from the current transaction - I am not much more likely to come back because I may not get that same waiter - and customers have very limited information. Not so with Uber.
