It's not clear to me why becoming an employee would necessarily eliminate flexibility. Why couldn't Uber continue to rely on surge pricing to incentivize drivers during busy times?

It's also worth pointing out that workers often value flexibility when they have a second, predictable income source that covers basic necessities—like a spouse's income. For workers who need the money to make rent, it's far less credible to say that they can "choose" whether they want to work or not.

Uber drivers may prefer to be contractors, but their opinion isn't the only one that matters. Allowing them to be contractors may expand the legal definition of contract work, which affects millions of other workers who have nothing to do with Uber or the sharing economy.