But it's not a "spare time". A driver literally has to constantly make decisions whether to take the next Uber call or Lyft call. A lot of drivers have both Ube

But it's not a "spare time". A driver literally has to constantly make decisions whether to take the next Uber call or Lyft call. A lot of drivers have both Uber and Lyft apps running and take the ones they prefer at the moment. Some have become tired of this and just choose Uber. If Uber or Lyft are required to legally hire these drivers as employees, they will probably develop a technology to track the drivers so that they won't take a Lyft call when there's an Uber passenger nearby, for example. This effectively means lockin. Also, Uber (or lyft) may even compensate these behaviors by giving the drivers base salary as long as they don't take their competition's calls. Of course, this is until one becomes the dominant player and the other goes out of business.