Control is the key factor when determining a 1099 vs W2 employee. FedEx has been doing this for many years...which is why they just got fined a shit-ton. I think Uber drivers will just unionize within the near future causing all of their future driving 'employees' to get paid more - thus cutting profits - resulting in either a new business model which is again bending the new rules, or back to the way things were in the good ol' yellow cab.