My understanding is that drivers absolutely do control the when and the where, as they choose their work days and hours freely and accept or refuse riders individually after knowing the pickup location.
What are the counterarguments?
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".