Let's take a gander:
Following are the 20-points that have been established:
1. Must the individual take instructions from your management staff regarding when, where, and how work is to be done? (should be no if independent)
Yes, down to the routes given. Drivers cannot go their own path, they typically have to use the instructions from the app. In addition, when / where is often forced by taking away work privileges from those who turn down work at any time.
2. Does the individual receive training from your company? (should be no if independent)
No
3. Is the success or continuation of your business somewhat dependent on the type of service provided by the individual? (should be no if independent)
Yes
4. Must the individual personally perform the contracted services? (should be no if independent)
Not sure what this one means, so I'll give it either way.
5. Have you hired, supervised, or paid individuals to assist the worker in completing the project stated in the contract? (should be no if independent)
Iffy, this one is interesting since they do hire folks to maintain the service that allows them to do their part aka assist the worker in completing the project.
6. Is there a continuing relationship between your company and the individual? (should be no if independent)
Yes
7. Must the individual work set hours? (should be no if independent)
Iffy, individuals have to accept jobs or they're subject to ejection from the platform.
8. Is the individual required to work full time at your company? (should be no if independent)
Iffy, individuals have to accept jobs or they're subject to ejection from the platform.
9. Is the work performed on company premises? (should be no if independent)
No
10. Is the individual required to follow a set sequence or routine in the performance of his work? (should be no if independent)
Iffy, individuals have to accept jobs or they're subject to ejection from the platform.
11. Must the individual give you reports regarding his/her work? (should be no if independent)
Not sure, but I'll say yes since they rate riders. I don't care too much about this one.
12. Is the individual paid by the hour, week, or month? (should be no if independent)
By the ride, so I guess no.
13. Do you reimburse the individual for business/travel expenses? (should be no if independent)
No
14. Do you supply the individual with needed tools or materials? (should be no if independent)
Iffy, since the platform is a tool / material.
15. Have you made a significant investment in facilities used by the individual to perform services? (should be no if independent)
Iffy, since the platform is a tool / material.
16. Is the individual free from suffering a loss or realizing a profit based on his work? (should be no if independent)
No
17. Does the individual only perform services for your company? (should be yes if independent)
No
18. Does the individual limit the availability of his services to the general public? (should be yes if independent)
Not sure, maybe? Is this an insurance thing?
19. Do you have the right to discharge the individual? (should be yes if independent)
Yes
20. May the individual terminate his services at any time? (should be yes if independent)
Yes
"In general "no" answers to questions 1-16 and "yes" answers to questions 17-20 indicate an independent contractor. However, a simple majority of "no" answers to questions 1 to 16 and "yes" answers to questions 17 to 20 does not guarantee independent contractor treatment. Some questions are either irrelevant or of less importance because the answers may apply equally to employees and independent contractors."
These are taken from: https://galachoruses.org/sites/default/files/IRS-20-question...
Overall, I would say they don't meet the definition of independent contractor by a long margin, even excluding some of the iffy ones.