Comment Re:Uber doesn't own the vehicles, correct? (Score 1) 346
The problem is the truckers are only allowed to use trucks they lease from the trucking companies
This requirement to lease the truck from a particular source is one thing that distinguishes these two cases very significantly. Uber doesn't even OFFER to lease cars or narrowly limit the vehicles that Uber drivers can use (requirements vary by city, but I recall that the requirements for the basic service are something like the car can't be more than about 15 years old, must have four doors, can't be one of a very few prohibited models, can't be a salvage vehicle, and must pass a very basic mechanical inspection). In most cases, the car is a fine personal use vehicle (I suspect few Uber drivers have a dedicated car specifically for their Uber work) and has a liquid resale market as well.
Critically, the drivers cannot avail themselves of workers comp, overtime or any of the other things an employee would be entitled to.
Sure they can. They can pay themselves whatever they want and offer whatever benefits they want. If one of these truckers wants to take the day off, I don't believe they have to tell a soul (not even their wife if they intend on spending the day with their mistress -- but there may be other ramifications of that). Yes, if they accept a load, they agree to perform THAT single task.