The judge does not understand what a "gig" is. Uber drivers can choose to drive one, twelve, or zero hours in any given day. They can suddenly stop working by simply not accepting any more ride requests. It's the ultimate remote, self-directed, self-managed job.

An employee can't make such decisions; they do as they are told or they are fired.

Uber drivers are private, self-owned businesses that rent out their time and equipment to a corporation on a completely arbitrary basis. The company counts on an oversupply of such drivers to meet demand and does not need to manage the supply other than to continually recruit more people.

I suspect this ruling will be overturned, if not in the Ninth Circuit Court of Appeals, then in the Supreme Court.