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SAN DIEGO (CNS) - The city of San Diego obtained a preliminary injunction Tuesday against grocery delivery company Instacart, in the wake of a judge's ruling that the company misclassified its employees as independent contractors.San Diego County Superior Court Judge Timothy Taylor's ruling stems from a lawsuit brought by San Diego City Attorney Mara Elliott, who alleged Instacart was evading providing its "shoppers" with worker protections like minimum wage and overtime pay by classifying them as independent contractors rather than employees.In the ruling, which was issued Feb. 18, but not formally served to the parties until this week, Taylor agreed with the City Attorney's Office's assertion that Instacart would not be able to show its workers should be classified as independent contractors.RELATED: San Diego Instacart shoppers upset over service’s pay changesThe judge cited a state Supreme Court ruling in the case of Dynamex Operations West Inc. v Superior Court, which outlines an "ABC" test for determining whether a worker is an employee, a classification that applies if the person performs a core function of the business, is not free from its control, or is not engaged in an independently established trade, occupation or business.Taylor wrote that Instacart would likely be unable to satisfy any of the test's three conditions.The judge also wrote that the city's litigation against Instacart was in line with other recent, related decisions, including the recent passage of AB 5, which gives greater labor protections to workers classified as employees."The policy of California is unapologetically pro-employee (in the several senses of that word). Dynamex is explicitly in line with this policy," Taylor wrote. "While there is room for debate on the wisdom of this policy, and while other states have chosen another course, it is noteworthy that all three branches of California have no spoken on this issue."The Supreme Court announced Dynamex two years ago. The decision gave rise to a long debate in the legal press and in the legislature. The legislature passed AB 5 last fall. The governor signed it. To put it in the vernacular, the handwriting is on the wall."Instacart plans to appeal the decision, which the company said would not affect its operations in San Diego, due to a temporary stay of enforcement during the appeals process."We disagree with the judge's decision to grant a preliminary injunction against Instacart in San Diego," Instacart said in an emailed statement. "We're in compliance with the law and will continue to defend ourselves in this litigation. We are appealing this decision in an effort to protect shoppers, customers and retail partners. The court has temporarily stayed the enforcement of the injunction and we will be taking steps to keep that stay in place during the appeals process so that Instacart's service will not be disrupted in San Diego."Elliott's office touted the ruling as a victory for worker protections."This landmark ruling makes clear that Instacart employees have been misclassified as independent contractors, resulting in their being denied worker protections in which they are entitled by state law. We invite Instacart to work with us to craft a meaningful and fair solution" Elliott said."This decision is also a warning to other companies to do right by their employees. As the court said, `The handwriting is on the wall.' California has had two years since the Supreme Court's Dynamex decision to distinguish between a contactor and an employee. Everyone, not just Instacart, must live up to their legal responsibilities; they cannot ignore the significance of what occurred here." 3686

SAN DIEGO (CNS) - People who visited the Lucky Lady Casino in San Diego on weekends over a six-month period ending in late September may have been exposed to tuberculosis, county health officials reported Tuesday.The Health and Human Services Agency is working with the casino to inform patrons and staff who may have been exposed between Feb. 23 and Sept. 30, said county spokesman Jose A. Alvarez.HHSA will provide testing at no cost to patrons who were potentially exposed, Alvarez said. Testing will be offered from 10 a.m. to 1 p.m. on Dec. 8 and 9 at the casino at 5526 El Cajon Blvd., he said.People who visited the casino are encouraged to contact their doctor or county TB Control if they cannot get tested on Dec. 8 or 9, Alvarez said.Beginning Tuesday, testing is also being offered to casino staff at no cost by county Occupational Health, according to HHSA officials, who noted it can take eight to 10 weeks after exposure for someone to test positive for TB.Those wanting more information may call Lucky Lady Casino at (619) 287- 6690 or the county TB Control Program (619) 692-8621.Dr. Wilma Wooten, the county's public health officer, said most people who are exposed do not become infected. However, testing is recommended because initial infection usually has no symptoms, she said.Tuberculosis is transmitted from person-to-person through indoor air during prolonged contact with an infectious individual. Symptoms include persistent cough, fever, night sweats and unexplained weight loss.The number of annual TB cases in San Diego County has decreased since the early 1990s, Alvarez said, with 258 cases reported in 2016, 237 in 2017 and 163 cases so far in 2018. 1691

SAN DIEGO (CNS) - San Diego County Treasurer-Tax Collector Dan McAllister reminded local residents today there is just one week remaining to reclaim more than 0,000 in tax refunds before the money enters the county's general fund.``The impacts of COVID-19 have left many families in need of money, so we want to return every cent available,'' McAllister said. ``Tell your friends, family, and coworkers to check the list on sdttc.com.''San Diegans can visit that website to see if their name is on the list of the 1,190 refunds that total 0,324. The average refund is 8.If a resident does find their name on the list, they can follow the instructions on the unclaimed money page to file a refund claim by October 26.If owed a refund, email the claim to refunds@sdcounty.ca.gov or call 1-877-829-4732 for more information. Anyone can sign up to receive emails when new unclaimed money lists are posted.``San Diegans have filed claims for only ,504 of this money since we posted the refund list in August, meaning 2,820 will be rolled over to the county's general fund if it is not claimed in the next week,'' said McAllister.The smallest refund amount available is , and the largest refund amount is ,111, owed to Amerus Life Insurance Co.Every year, the Treasurer-Tax Collector attempts to reunite San Diegans with money they have overpaid on taxes or fees. In the past five years, the office has refunded nearly 0,000.Current state law says countywide money that is unclaimed for three years and property tax refunds that are unclaimed for four years must be turned over to the county's general fund. 1632

SAN DIEGO (CNS) - San Diego County public health officials have reported 352 new COVID-19 cases and no new fatalities, raising the region's total to 57,102 cases with deaths remaining at 891.Of the 12,879 tests reported Saturday, 3% returned positive with 239 people hospitalized.The county avoided the state's purple tier, the most restrictive, for yet another week on Tuesday, remaining in the less restrictive red tier of the state's four-tiered coronavirus monitoring system.The county's adjusted case rate dropped to 6.5 new daily COVID-19 cases per 100,000 population.According to the California Department of Public Health, the county's unadjusted case rate is 7.4 per 100,000 -- enough to be in the purple tier, which has a floor of 7 per 100,000. However, the high volume of tests the county is able to perform daily allows for an adjustment from the state. This adjustment has kept the county in the red tier for several weeks, saving it from having to shut down nearly all nonessential indoor businesses.The state data, updated every Tuesday, reflects the previous week's case data to determine where counties stand in the state's reopening system.San Diego County did show modest improvement, dropping 0.4 from last week's unadjusted case rate of 7.8. The testing positivity rate continued an upward trend, rising 0.2% from last week to reach 3.5%, but remains low enough for this metric to remain in the orange tier. If a county reports statistics meeting metrics in a higher tier for two consecutive weeks, it will move into that more restrictive tier for a minimum of three weeks.The state's health equity metric, which looks at the testing positivity for areas with the lowest healthy conditions, dropped from 5.5% to 5.1% and entered the orange tier. This metric does not move counties backward to more restrictive tiers, but is required to advance.All students at San Diego State University are under a stay-at-home advisory until 6 a.m. Monday. University officials said the move was made to discourage students from participating in Halloween events in which physical distancing cannot be done. Students were advised to stay home unless they have an essential need.The Escondido Union School District reported two positive cases Thursday at Mission Middle School.District officials were notified of the positive tests on Tuesday, and said the cases were separate.The new cases prompted district officials to advise 25 students, five teachers and three classroom aides to begin a 14-day quarantine.The Vista Unified School District reported four COVID-19 cases last Monday, including two Mission Vista High School students, one Roosevelt Middle School student and one Alamosa Park Elementary School student.On Tuesday, the district confirmed two additional cases -- one at Mission Meadows Elementary School and one at Alamosa Park Elementary School.According to the district's COVID-19 safety dashboard, it has recorded 13 cases since Sept. 8, with nine of those coming after Oct. 20.The VUSD Board voted Tuesday to shut down at least one campus for two weeks starting Thursday as a result of the rising cases. At least 400 students and nearly two dozen staff members have been ordered to quarantine.Mission Vista High School moved to distance learning for at least two weeks starting Thursday, while Alta Vista High School and Roosevelt Middle School also face potential closures. 3408

SAN DIEGO (CNS) - The San Diego City Council on Monday will honor area residents who assisted victims in the Las Vegas mass shooting that left 58 concert-goers dead and hundreds of others wounded.Councilwoman Lorie Zapf plans to introduce a proclamation declaring "Las Vegas Unsung Heroes Recognition Day" in San Diego.In it, she calls the Oct. 1 shooting at a country music festival "one of the most horrific events in American history" and lauds Taylor Winston, Jenn Lewis, Officer Max Verduzco, Officer Tom McGrath and his wife, Tiffany.RELATED: Brother of Las Vegas shooting victim Jennifer Irvine urges educator-only pension to divest in gunsShe said Winston -- an ex-Marine living in Ocean Beach -- and Lewis, his girlfriend, found a truck with its keys in the ignition and used it to rush about two dozen shooting victims to a hospital.Verduzco knocked over a fence, allowing the crowd to escape the scene, according to Zapf. Tom McGrath treated numerous gunshot victims on the concert grounds.The two cops were among more than a dozen SDPD officers at the festival, along with seven San Diego firefighters.RELATED: San Diego attorney among victims of Las Vegas concert shooting"Many national news outlets and social media outlets have shared these local citizens' stories and hail them as heroes," Zapf says in her proposed proclamation. "They humbly accept this praise, but they are quick to recognize the many unsung heroes who also stepped up to the plate to help their fellow concert-goers to safety."A spokeswoman for Zapf said the five named in the proclamation all plan to attend the event at a City Council meeting.The gunman, 64-year-old Stephen Paddock, opened fire from the 32nd floor of the Mandalay Bay Resort and Casino into the crowd at the Route 91 Harvest Country Music Festival during a performance by Jason Aldean. Paddock shot himself as SWAT officers prepared to breach his room.RELATED: Names of everyone killed in Las Vegas mass shootingThe dead included a 42-year-old San Diego attorney, Jennifer Irvine. Several San Diego County residents are recovering from serious wounds.Winston told CNN he instructed nearby audience members to keep their heads down and get out of the area. He and Lewis helped numerous people climb over a fence, he said.He said he spotted a lot filled with work trucks and found one with a key.RELATED: White crosses honor shooting victims at Las Vegas' iconic entry sign"Once we were in it, we decided to go help get everyone out of there," Winston said. They drove back to the venue, where some friends were setting up a "makeshift hospital" away from the continuing gunfire.They drove as many people as they could at a hospital, where staff helped unload the patients, he said."Once we were clear, we just said let's go back for more," Winston said. "We went back for a second trip and filled (the truck) to the brim."RELATED: San Diegans honor Las Vegas shooting victims with human peace signAt a news conference, Tom McGrath said he and his wife were approached by a young woman soon after the shooting started."She'd taken a round to the chest. She was holding her chest, and I could see a large amount of blood come out," he said.McGrath responded by tearing off his shirt and pressed it onto her wound.RELATED: Renewed interest in life-saving class following Las Vegas shooting"And I felt more hands go on top of mine ... from everywhere, trying to help me put pressure on this wound," he said. "And we were trying to lay her down. ... And while we were tying to get (security personnel's) attention and tending to her, the second round of (gunfire) came on, and I remember I just grabbed my wife ... and I just pulled her close to me, and I laid on top of her, and I tried putting her on top of the (wounded) girl, and still everybody had their hands on top of mine."He said he helped Tiffany and others scale a fence, climbed over himself and realized he'd become separated from his wife. As he searched for her, he helped a man with a neck wound and applied a tourniquet to a woman's injured leg.Verduzco said he applied a tourniquet for a wounded man and helped a woman who had been shot in a leg.RELATED: Las Vegas hospital waiving medical costs for mass shooting victims 4268