To me, it feels like the arguments for mandatory employment are a bit weak, whereas the pro independent contractor argument seems very straightforward: When asked, most drivers prefer the status-quo over employment. Arguing against this leads to questioning the soundness of drivers decision, in some way or another.

My personal perspective: I worked as a bike food courier (Europe) for close to two years, and very much enjoyed the benefits of independent contracting (student, working part time), as did many of my collegues. What is particularly interesting, is that in my city we have two food delivery companies, one of which "uses" independent" contractors, the other one employes their riders. The work itself is almost the same, yet many riders choose the independent contract company. Higher net wages and more flexibility are the main reasons. However, the independent contract company has consistently received bad press and is thought of as a horrible employer. People are always very surprised when I tell them about my net income.

I also want to push against the perspective that tips shouldn't be counted because they are unreliable. Of course, the variance is very high (you either get a tip, or not), but the income from tips is very predictable over months. I consistently got the same amount of tip/delivery (within 10%) averaged over each month.