Wasn't the entire point of Uber that they provided dynamic pricing based on the availability of drivers? If the wages are low, it's because there is an oversupply of drivers and a low demand for rides. Your option as a driver is to go do something else and drive at a time when the wages offered are more to your liking.
The whole "you're an independent contractor, don't work for poverty wages if you don't want to, it's a choice" argument is almost out of runway thankfully.
That said, employee classification at this point would probably help Uber over its competitors, because it could start setting hours for its drivers to make demand and prices more predictable. Regulatory capture benefits large companies over small ones. Uber has the operations team to make employee classification work at scale. At the edges of employee classification Uber could offer options to drivers such as a “bid” function if they wanted, with the primary result being increased friction (but perhaps increased happiness) for drivers.
What are the counterarguments?
> By that definition, virtually no Uber drivers would be considered independent contractors, unless the company can argue that transportation is not its main business. If more states adopt this standard, “that may be the only thing that can get around an ABC test,” attorney Todd Lebowitz told CNN in May. “If a ride-hailing service is a technology company, then they may still be able to meet that test. But it's going to be scrutinized a lot more closely now.”
https://theoutline.com/post/5469/uber-employees-abc-test-ins...
https://www.hrdefenseblog.com/2018/05/say-goodbye-to-indepen...
A New York appeals board also found Uber drivers to be employees for purposes of collecting unemployment insurance.
http://campaign.r20.constantcontact.com/render?m=11019126706...
The parent was specifically challenging your claim that drivers don't control the where or the when, which that doesn't address.
I agree that there are good points in favor of the case that they're employees, but you're overstating it when you say drivers "don't control the where or when".