I am missing this point. Uber drivers can set their rates and not take the rides that are below those rates, can't they? Or do you mean they have to be able to make exactly the rate they set, e.g. the driver's rate is $21.25/h, Uber offers only $30/h and more and the driver takes Uber to court saying he could not set his desirable rate and had been paid more?
> 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. What matters is that the employer has the legal right to control the details of how the services are performed.
It's a jurisdiction-by-jurisdiction battle at the moment, but the tide seems to be turning. A number of judges have already ruled that Uber and similar companies exercise enough control over their "contractors" for them to be over the line into employee territory.
Yes, that's the point. This fact is getting them in hot water in a variety of jurisdictions, as independent contractors are supposed to set their own rates.
RealPage is trying to play the same regulatory evasion games - "it's not collusion, everyone just uses our prices". I hope it ends poorly for them.