If Uber found a clean way to allow drivers to set their own rate, it sounds like that would be enough to make them independent contractors instead of employees. That could also encourage drivers to provide better service to justify a higher rate and improve competition, though it could cut into Uber's profits.
If Uber asked for a minimum charge and then allowed fluctuations above that number then that should also placate this if your theory holds true. I mean I hate to compare Uber to WWE but the wrestlers are considered independent contractors and are offered a base sum and then usually negotiate bonus pay for shows on top of that. The courts have so far upheld that WWE Wrestlers are independent contractors.
If Uber found a clean way to allow drivers to set their own rate, it sounds like that would be enough to make them independent contractors instead of employees. That could also encourage drivers to provide better service to justify a higher rate and improve competition, though it could cut into Uber's profits.
If Uber asked for a minimum charge and then allowed fluctuations above that number then that should also placate this if your theory holds true. I mean I hate to compare Uber to WWE but the wrestlers are considered independent contractors and are offered a base sum and then usually negotiate bonus pay for shows on top of that. The courts have so far upheld that WWE Wrestlers are independent contractors.