Aaden42: "The time & place situation muddies the contractor status, but that's not unheard of in 1099. "I need this done by 5pm!" is still a valid 1099 gig. (You can bet you're getting my "you pissed me off and I don't like you" rate, but...) That's the time covered. Say I'm contracting to do hardware maintenance for a company, then it's, "We need you here by 5pm!" Time & place, but still clearly contractor status."
If the employer tells you every day that you need to be there at 5 PM, then you are an employee. If your continued association with the employer is dependent on constantly meeting a time and place requirement, you are an employee. I think, rather than showing that Uber drivers are contractors, you are showing that many supposed contractors are really not contractors at all. This is a common game played by employers who don't want to pay social security, workers comp, minimum wage, etc. But it's not working in the courts. That's why Uber is now calling for a 3rd classification.