I am no employment lawyer nor do I have a lot of experience with Uber, but this is my assessment of an Uber driver's statusThe rule is that an independent contractor should answer Yes to all 4 of these questionProfit or loss. Can the worker make a profit or suffer a loss as a result of the work, aside from the money earned from the project? (This should involve real economic risk-not just the risk of not getting paid.)Investment. Does the worker have an investment in the equipment and facilities used to do the work? (The greater the investment, the more likely independent contractor status.)Works for more than one firm. Does the person work for more than one company at a time?(This tends to indicate independent contractor status, but isn’t conclusive since employees canalso work for more than one employer.Services offered to the general public. Does the worker offer services to the general public?1.) Yes, the car and its maintenance and the fuel.2.) Yes, the car.3.) It is possible to work for Lyft and Uber at the same time and generally drivers work for more than Uber.4.) YesAdditionally ,they should answer No to all of the following questionsInstructions. Do you have the right to give the worker instructions about when, where, and how to work? (This shows control over the worker.)Training. Do you train the worker to do the job in a particular way? (Independent contractors are already trained.)Integration. Are the worker’s services so important to your business that they have become anecessary part of the business? (This may show that the worker is subject to your control.)Services rendered personally. Must the worker provide the services personally, as opposed to delegating tasks to someone else? (This indicates that you are interested in the methods employed, and not just the results.)Hiring assistants. Do you hire, supervise, and pay the worker’s assistants? (Independentcontractors hire and pay their own staff.)Continuing relationship. Is there an ongoing relationship between the worker and yourself? (A relationship can be considered ongoing if services are performed frequently, but irregularly.)Work hours. Do you set the worker’s hours? (Independent contractors are masters of theirown time.)Full-time work. Must the worker spend all of his or her time on your job? (Independent contractors choose when and where they will work.)Work done on premises. Must the individual work on your premises, or do you control theroute or location where the work must be performed? (Answering no doesn’t by itself meanindependent contractor status.)Sequence. Do you have the right to determine the order in which services are performed? (This shows control over the worker)Reports. Must the worker give you reports accounting for his or her actions? (This may show lack of independence)Pay Schedules. Do you pay the worker by hour, week, or month? (Independent contractors are generally paid by the job or commission, although by industry practice, some are paid by the hour.)Expenses. Do you pay the worker’s business or travel costs? (This tends to show control.)Tools and materials. Do you provide the worker with equipment, tools, or materials? (Independent contractors generally supply the materials for the job and use their own tools and equipment.)Right to fire. Can you fire the worker? (An independent contractor can’t be fired without subjecting you to the risk of breach of contract lawsuit.)Worker’s right to quit. Can the worker quit at any time, without incurring liability? (An independent contractor has a legal obligation to complete the contract.)1.) No, the instructions are fairly minimal and flexible.2.) No, there is not much training3.) Yes, they are central to Uber's business model if you view it as a service provider rather than simply a platform4.) Yes, the services should be rendered by the driver and not someone standing in for the driver5.) No, there are no assistants6.) Yes, generally there is an on-going relationship7.) No, the hours aren't set8.) No, there is no expectation of regular hours9.) No, the work is not done at a given location10.) There is some control over the routing of customers to them, but this seems minimal11.) The platform automatically creates reports for Uber, this seems borderline12.) No, they are paid by the job13.) No, they definitely don't want to pay for any expenses14.) Not significantly, they provide an app, which is very minimal tools15.) This is borderline since the rating of drivers can cause drivers to be effectively fired16.) Yes, the workers can stop working at any time.There are 4 Yes answers and 2 borderline cases out of the 16 that should be No. This seems right at the edge to me. I'm betting that Uber is even happier with the decision to raid CMU to get to an all automated economy sooner rather than later. They're probably thinking "This sharing economy is too complicated!"