> Right so your point is that the driver is only an employee while on a trip. And while waiting for a trip, the driver is not an employee?
I think I agree with this. Seems like you could still have the traditional, if not archaic, model where they are paid by hour of work, and simply track the time they spend en route to pick up and while driving, in place of or combination with however it's worked out today.
_How much_ they pay per hour of driving I think will still be subject to the usual market forces. Same for restrictive covenants. Uber and Lyft aren't just competing for customers, they're also competing for labor. But this is all I think orthogonal to the question of "what is the true nature of the relationship between the companies and the drivers," you're talking about outcomes of possible answers that should not have bearing on what the answer is.