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I don't see why having drivere be employees would prevent this. If you're driving, you're on the clock. If you're not, you're not.
Alternatively, have a true network of contractors, with an Uber style company just creating a marketplace to facilitate connections between individuals offering and accepting rides. The company won't set prices or schedules or payouts; it will allow drivers and riders to bid on fares. The company simply takes a small percentage from each transaction, or has a membership fee.
That network of contractors is a pretty cool idea, I think that's the kind of network I would like an exception carved out for.
The other commenter made a fair point that its commercial viability is questionable, but as the world changes I'd still want to leave to scope to try.
Well, one thing is it forces overtime for more than 40 hours. This reduces the efficiency of the market, and may introduce restrictions on how many hours I can work.
Don't use the passive voice.
Uber may restrict your hours because they don't want to pay a fair wage.
As a society, we have a minimum wage for a very good reason.