But if the restaurant still controls the chef's work during that time, that isn't gig work. If the "employer" is required to pay by time not work, then it is now the employer's time, not the workers flexible time:

- ability to assign tasks, not leaving the worker the option to say I don't want that task

- ability to control how many workers can log in at a time, forcing Uber to pay a 1000 drivers who all logged in from 2:00 AM to 5:00AM when there aren't enough rides to be taken, isn't right