I'd argue yes, they should definitely still be employees. When a person flips burgers for both McDonalds and Burger King, they're still clearly an employee wit

I'd argue yes, they should definitely still be employees. When a person flips burgers for both McDonalds and Burger King, they're still clearly an employee with two different jobs at two companies, and not some sort of "independent food consultant". If you work as a cashier at both Shell and Speedway, you are today an employee with two different jobs at two different companies, and not some kind of "independent petroleum cashier contractor". Having two jobs at different companies happens all the time in the US today for low/middle-class folks, and has for many many decades now -- these folks are generally all still considered W2 employees.