In my personal opinion, the driving services are a legitimate and genuine gray area. A person who is a professional driver, owns their own equipment (the car of course), can pick their own shifts and accept or reject a ride, can drive to different areas if they want, and does in fact have the ability to solicit work from multiple customers, could be considered independent. I can also see the flip side of that, but it's at least arguable.
I think the time, place, and manner argument comes into much sharper focus with the personal service type "gigs" that are out there. Low level janitorial work is really not likely to be an independent gig, and whatever claims to that were had by the company in the original post start to evaporate when they dictate bathroom breaks, what shirt is being worn, etc.
There's really not much to argue here. They don't get to pick the times (booked by the customer via the employer) the places (same) and the manner (as the article states) by which they complete their work. They are part time workers for janitorial service that solicits business online.
I agree with you regarding driving services being a genuine gray area.
>A person who is a professional driver, owns their own equipment (the car of course), can pick their own shifts and accept or reject a ride
These would all be arguments towards a proper Independent Contractor relationship. However, as you highlight you see the flipside, which might include the following arguments. One could argue while the driver supplies the car/insurance, a service such as Uber provides not just software but other equipment such as the iPhone that must be used to facilitate rides/payments (why can't a driver use their own phone?). Driver's may create their own hours, but Uber pays "bonuses" (i.e. hourly wages) for drivers to drive at certain times. Then there are issues such as mandatory meetings and training. I have had a driver tell me Uber pays attorney's fees when drivers are arrested for violating taxi laws.
All things being equal, it is entirely foreseeable that different Courts could rule differently given the same facts - the epitome of genuine gray area.
I think the time, place, and manner argument comes into much sharper focus with the personal service type "gigs" that are out there. Low level janitorial work is really not likely to be an independent gig, and whatever claims to that were had by the company in the original post start to evaporate when they dictate bathroom breaks, what shirt is being worn, etc.
There's really not much to argue here. They don't get to pick the times (booked by the customer via the employer) the places (same) and the manner (as the article states) by which they complete their work. They are part time workers for janitorial service that solicits business online.