uber probably wouldn't exist if this were the case. the cost overhead of hiring someone would mean drivers would have less freedom - no moonlighting for lyft or sidecare - and rates would be higher.
isn't it better to look at ways of changing the employer/employee dynamic instead of insisting that everything work that way?
That generally seems to be a critical part of their business strategy...
The fact that drivers have tracked feedback, pre-negotiated prices, and a dispatch system that isn't overwhelmed by surges effectively negates the market failures that the regulations were originally designed to fix. I suspect that the regulations were a net value-add for most of their existence, but now that the smartphone age has enabled a market solution it's time to reevaluate the necessity of the regulations.