In my book, if you can't determine the price for your service, you aren't a contractor, pure and simple. Uber determines the rates, sets their fees, supplies the clients, and has rules about how many times you can skip/pass on choosing to accept a fare. Uber basically controls every aspect of the entire process but let's people choose when they want to work. That "benefit" is thrown out to drivers so that Uber can try to claim they are "contractors" because they can choose when to work. I don't think that should be the only test - and for the states that have rules on how to define such things, most of them do not have that as the only test. Plus, I work for a large corporation and there are salaried people here who choose when to work and when not to work. Mostly the sales team than anyone else but it definitely exists. Similar story for real estate agents, financial planners and investment managers, etc. They are usually salaried employees of a firm who can set their own hours.