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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) - The San Diego County Police Chiefs and Sheriffs Association announced Thursday its adoption of a collective set of strategies designed to "de-escalate" confrontational and potentially violent law enforcement situations.The policies unanimously adopted by the group on Wednesday are the culmination of a project that began last June with the creation of a committee tasked with exploring the hot-button issue, according to the regional police leadership group.The panel included representatives from all countywide municipal police agencies, the San Diego County District Attorney's Office and a local psychiatric emergency-response team.Guiding the development of the new program was "the overarching principle of reverence for human life in all investigative, enforcement and other interactions between law enforcement and members of the community," according to the association.The plan calls on all police personnel to "use tactics and techniques to persuade (crime suspects) to voluntarily comply (in order to) mitigate the need to use increased physical tactics to resolve (standoffs) safely.""Some situations require an immediate response, while other situations may allow peace officers the opportunity to communicate with the individual, refine tactical plans and if necessary, call for additional resources," the agency stated.Whenever "reasonable opportunity exists," according to the association's strategy, peace officers should consider the following concepts:"Pre-engagement considerations," which involve "the process of gathering and assessing information prior to deploying the available personnel, tactics, equipment and other appropriate and obtainable resources" so as to "enhance the probability of a peaceful outcome."De-escalation, which hinges on the use of techniques intended "to gain voluntary compliance from an individual in order to gain or maintain control of an incident while reducing the need for physical coercion."Disengagement, or "tactical withdraw," an enforcement method that can "be a viable option for individuals in crisis who pose no additional threats to others, or resistant offenders who may later be apprehended under safer conditions."The mission of the project "was to not only define best practices for de-escalation, but to do so collectively to ensure the county is of one mind on the philosophy," said Chula Vista Police Chief Roxana Kennedy, president of the police-leadership body."As part of this community, we understand the importance of violence prevention whenever possible, and de-escalation techniques are the best way to get there," Kennedy said.District Attorney Summer Stephan called the renewed commitment to de- escalation in policing a government approach that "respects life itself and advances a blueprint for transformation we set in motion two years ago based on community input.""When translated into action, de-escalation policies are the opposite of de-humanization and are an action-based response to calls for equality, fairness and dignity," Stephan said.The association comprises the law enforcement leadership of the county and all local cities, as well as San Diego Harbor Police, the county Probation Department and the police departments of the San Diego Community College District, San Diego State University, San Diego Unified School District and the University of California San Diego. 3398

SAN DIEGO (CNS) - The county's E. coli outbreak involving children who attended the San Diego County Fair and did not wash their hands after visiting the animal exhibits stands Friday at 11 confirmed or probable cases, one of which was fatal, health officials said.County health officials have tracked E. coli cases related to the fair since June 28, when the Health and Human Service Agency announced that it had received reports of four confirmed or probable cases of the bacteria.The fair shuttered its animal exhibits the same day, after 2-year-old Jedidiah Cabezuela's death was reported, and the fair closed for the year on July 4.RELATED: Health officials report 2 new probable E. coli cases possibly tied to San Diego County Fair animalsAs of Wednesday, the number had increased to 10 confirmed cases and one probable case, all of which involve children ranging in age from 2 to 13. The county did not disclose the age or gender of the four new cases confirmed this week, but said all of the patients visited the fair's animal exhibits and petting zoos.People can avoid contracting the bacteria by thoroughly washing their hands after making contact with animals at places like farms, petting zoos and fair exhibits. Young children, older adults and people with weak immune systems are at particular risk, according to health officials.The HHSA and the California Department of Food and Agriculture collected environmental samples at the fair after the first cases were reported to confirm the bacteria's origin. However, results of the collected samples were not available prior to the fair's closure and have yet to be disclosed.County health officials repeatedly cautioned that more confirmed cases were likely despite the fair's closing due to local doctors intentionally looking for symptoms of the bacteria and its multi-day incubation period. As such, the county has not indicated that the cases are part of a larger, countywide outbreak linked to common causes like contaminated produce.While most people who contract the E. coli bacteria do not develop severe complications, roughly 5 to 10% of those who do can develop a potentially life-threatening kidney infection. Symptoms do not appear for three to four days after contraction and can include severe abdominal cramps, watery or bloody diarrhea and vomiting.Residents should promptly contact their doctor if they believe they have contracted E. coli, according to the county. 2455

SAN DIEGO (CNS) - San Diego Mayor Kevin Faulconer accepted a nine-figure loan from the U.S. Environmental Protection Agency Tuesday to help the city finance phase one of the Pure Water San Diego water recycling program.Faulconer joined EPA Acting Administrator Andrew Wheeler to formally claim the 4 million Water Infrastructure Finance and Innovation Act loan. The city estimates that the first phase of the program will cost roughly .4 billion, including funding from the loan.San Diego will provide one-third of the city's drinking water through the Pure Water program by 2035, according to city officials. The city plans to break ground on the project's first phase in 2019."This federal funding is validation that our Pure Water Program is cutting-edge technology and a worthy investment for San Diego's future water independence,'' Faulconer said. "This is going to be one of the most significant infrastructure projects in San Diego history and will deliver clean, reliable water to our residents for decades to come.''As part of the first phase, the city will upgrade existing water facilities and construct new ones, like the North City Pure Water Facility near Eastgate Mall. Phases two and three will result in new water pipelines and facilities in central San Diego and South Bay.Congress enacted the WIFIA loan program in 2014. The EPA has loaned more than .5 billion in WIFIA assistance for five projects over the last two years."This WIFIA loan will help San Diego construct a state-of-the-art water purification facility that will produce 30 million gallons of clean drinking water each day,'' Wheeler said.City officials estimate that the Pure Water project will add nearly 500 jobs in the next five years. The city expects the project to be completed and functional by 2023. 1807

SAN DIEGO (CNS) - The San Diego County Health and Human Services Agency announced Tuesday that it will make its inclement weather shelter program available to homeless residents in the county's unincorporated areas. The agency's Housing and Community Development Services division activates the shelter when rain is expected for at least two days, reaches two inches in a 24-hour period or when a storm includes a threat of flash flooding. County officials monitor seven unincorporated zones to determine when to activate the shelter program. Homeless residents can contact 211 San Diego between noon and 7 p.m. to be connected to a shelter provider. In some cases, residents are eligible to receive assistance with transportation to an inclement weather shelter. Check 10News Pinpoint Weather storm conditions``By calling 211 people will be directed to the correct program and place,'' Housing and Community Development Services Director David Estrella said. ``We instituted the program because we know that when people are exposed to inclement weather, they are more likely to experience health issues that could be life-threatening.'' 1145