I feel this is very disingenuous on Uber's part. Either it's just their way of distracting from the actual point, or they really don't understand what is happening. The case wasn't about what driver's prefer, but about the reality of driving for Uber. What small bit of independence drivers had in setting their own hours is not necessarily eroded by this ruling. It just means Uber will have to (gasp!) innovate to deal with a few specific things. I think Uber making cases like these out to require fundamental changes to the business model is absurd.