Brian Merchant: Two Uber drivers read the fine print — and won millions for California gig workers

Pablo Gomez has been a full-time Uber driver since 2019. He takes pride in knowing how to maximize his earnings on each trip he takes. That means knowing the right times to drive, which rides to accept and which to pass up — and it also means knowing the letter of the law that governs his trade. In particular, it means knowing Proposition 22, the controversial ballot measure that passed in 2020 and became law in 2021, inside and out.

For the gig drivers of California, Gomez's eagle-eyed attention to detail, paired with a fellow driver's fighting spirit, resulted in a windfall that could be worth hundreds of millions of dollars.

Proposition 22, you might recall, overrode part of AB 5, a law that classified gig workers as employees, entitling them to benefits and protections. The ballot measure instead carved out app-based gig workers as independent contractors, and put in place a raft of better-than-nothing half measures: Instead of full healthcare coverage, gig workers got a healthcare subsidy, if they worked enough hours to qualify. Instead of a minimum wage, drivers got a minimum earnings guarantee — but only for "engaged" miles, not time spent between rides.

It's a long and confusing law,