$$coughshill$$I hate to be the barer of bad news....you might disagree but this is how uber is set up. YOU are the business owner. YOU collect 100% of the fare for transporting people. You pay uber for 1) the use of their technology and 2) for them to use their technology to process payments for you. YOU are UBER CUSTOMER. So....
(A) the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact, and
They do not control how you work, when you work, who you choose to take or kick out of your car.
(B) the worker performs work that is outside the usual course of the hiring entity's business, and
Uber is NOT a transportation business. They are a tech business. They make money by you using their tech. You pay them for using their tech to match YOU with customers and processing payments.
(C) the worker is customarily engaged in an independently established trade, occupation, or business.
This is your business, transporting people. You must have a business license (where required by your location) and pay all business taxes.
These facts may seem wrong to everyone in this forum but they are the facts. Uber has worked hard to protect themselves and used the laws on the books to do so.
I have worked as an independent contractor for various companies and would never go back to being an employee but there are some things that uber does that seem incredibly wrong to me. Riders should be UBERS customers not ours. My gross should be what uber pays me. But that's not reality. I don't like it but I'm not ignorant to it and I choose to drive anyway. If you don't like it, you can choose not to do it.
Thanks for bringing to my attention that CA law. Now I know uber will never change the way they do things because if they did, they couldn't earn money off drivers in CA.
The government hasn't yet codified that ruling into law so they have leeway to continue business as usual until then. The California State Assembly already is working on Assembly Bill 5 which will redefine employment in accordance with that ruling and they have already made it clear that the rideshare market will not be exempt.