Actuually, you don't even need to sue. Just file your taxes as if you are an employee and the IRS will handle the rest.
EDIT: See here: https://www.irs.gov/businesses/small-businesses-self-employe...
> You are not an independent contractor if you perform services that can be controlled by an employer (what will be done and how it will be done). This applies even if you are given freedom of action.
I was fired from my "contracting" job, and the state eventually ruled that I was technically an employee. But I had to wait the longest 6 weeks of my life to find that out, and what if they had not? Or what if they ruled against me, and I had to appeal it? What if my former employer retaliated in other ways? I would have been even more screwed than I was.
I'm not sure what else you can ask the state for without severely limiting the economy -- any investigation by the state is going to take time and there will be ambiguity. But, if your work was directed explicitly (such as being told you had to do it), you are pretty much guaranteed you are an employee. The IRS is really nice and they will act on your behalf.
https://mashable.com/article/amazon-flex-delivery-driver-sel...
What's a 'real business'? In the United States, doing something for cash is an individual, legal right.
In this case a real business in the sense that you're legally able to actually hire someone else out and have the margins to do so. A lot of these 'sub contract' out your old job to you new business schemes have a lot of restrictions on what you can do and the company isn't going to be paying as much as it cost to employee you + the cost of running your vehicle (otherwise they wouldn't be saving money really). If you're a 'subcontractor but really you can't afford/can't contractually pay anyone else to do this' you're basically just an employee but paying your own taxes, health insurance, insurance, depreciation, and compliance risks.
> doing something for cash is an individual, legal right
You know plus or minus everything you can't do or a company can't pay you to do because it's illegal.
I think you mean a 'profitable' business then, because several large tech companies have no margins and rely on continued investment. An uber driver is certainly free to seek investment externally to continue to fund themselves presumably.
> You know plus or minus everything you can't do or a company can't pay you to do because it's illegal.
That's assumed, obviously. Just like freedom of religion does not mean you can kill people because your religion says so.
Why would it work for delivery?
And perhaps you mean "most other peoples" [who are on hackernews]