Uber drivers set their own hours, use their own equipment, etc, etc, etc. They pass multiple aspects of the independent contractor test.
Personally, though, I think the US labor law system needs a dramatic overhaul. A lot of the costs (health insurance, etc) should be socialized. i.e. insurance for all, funded by a % income tax.
Make work a simple exchange of money for labor, subject to reporting requirements and safety requirements. If fixed costs are minimized, then there would be less incentive to keep employees working 50-60 hours a week.
