But the criteria have to make sense in the context of the law. For instance, "unemployment" doesn't make much sense in the context of a driver who works for Uber and Lyft. And "minimum wage" doesn't make sense if the drivers are able to decline or cancel a request.
So can you be more specific about what aspects of employment should apply to an Uber driver?
No, the main benefit is that Uber doesn't choose who can drive, anyone can sign up and start driving. I don't see how you can classify them as employees without Uber having any selection criteria at all for the drivers except that they have a valid drivers licence.
The workers choose to work at Uber, Uber didn't choose to employ the workers since Uber is open for all.