We would have infinitely more sophisticated discourse if we allowed for the possibility that our taxonomy does not capture the reality we live in, where there are intermediate classes of labor which should have some (but not all) the rights, protections, and expectations accorded to full-time employees.
> Our discourse on this topic is horribly stunted by [...] insisting that there are only two
Most of these cases involve resolving how (or whether) a current situation must be brought into alignment with current laws, rather than how laws could look in 10+ years, so I think it's reasonable for much of the discourse to reflect that.
Sure, we could dramatically overhaul national employment laws and legal theory, but that's not what courts are supposed to do during a lawsuit, and it's usually outside the scope of what many local/state legislatures are prepared and willing to tackle.
Literally what you are saying is "well that might be a better place to be, but the courts can't do it, and also it's too hard for the legislatures".
If you truly believe that making good laws is too complicated for the government to handle, then people and corporations are perfectly within their moral rights to ignore the bad laws and to do everything in the power to evade the consequences. You've lost the mandate of heaven, it's time to start over.