The judge was suggesting that the various ways in which Uber monitored, tracked, controlled, and gave feedback on the service of its drivers amounted to the “functioning of power,” even if the familiar trappings of power—ownership of assets, control over an employee’s time—were missing. The drivers weren’t like factory workers employed and regimented by a plant, yet they weren’t independent contractors who could do whatever they pleased. They could be fired for small infractions. That is power.
