吉林男科老中医(吉林四平春江医院男科) (今日更新中)

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) - Testimony wrapped up Wednesday in the murder trial of two men accused in the stabbing death of a Chula Vista music producer whose body was found in a drum floating in San Diego Bay.Timothy John Cook, 54, is charged with the Sept. 30, 2017, murder of his housemate Omar Medina, 28. Co-defendant Derrick Spurgeon, 40, is charged with being an accessory for allegedly driving the boat used to dump the victim's body, which was found 12 days later inside the 55-gallon barrel, which had been weighed down by a makeshift anchor made of wire and cinderblocks.Medical examiners said Medina had been stabbed more than 60 times in the chest, back, neck and head.RELATED: Man whose body was found in a barrel had been stabbed 66 timesAttorneys will make closing arguments Monday morning at the downtown San Diego courthouse.Deputy District Attorney Cherie Somerville told jurors that Medina and Cook both worked at a scaffolding business for Cook's younger brother and were living together at a home in Chula Vista.In a text exchange with his brother, Cook expressed annoyance with Medina over his drinking and sloppy household behavior, leading Cook to eventually kick him out of the house, according to the prosecutor.RELATED: Opening statements made in murder trial involving body found in barrelSommerville also noted in her opening statement that Medina had recently come into a substantial amount of money via an ,000 settlement he received in a lawsuit.Medina's family never heard from him after Sept. 30, and filed a missing person's report soon afterward with Chula Vista police. Medina's unlocked car was found about a week later on Oaklawn Avenue, not far from the home he shared with Cook on McIntosh Street. Numerous belongings, including his computer and guitar were inside the vehicle.During that time period, Cook had told his brother that he was out of town in the Northern California city of Oroville, but Somerville said evidence indicates the defendant never left San Diego County.RELATED: Family of man found in barrel works to find closure, thanks Chula Vista PD for their effortsDefense attorney Kara Oien countered in her opening statement that there was no hard physical evidence tying Cook to Medina's death, and told jurors the district attorney was relying on circumstantial evidence to come to a false conclusion that her client killed Medina.The attorney said the prosecution lacked a murder weapon and witnesses to the murder, which allegedly occurred during the daytime hours of Sept. 30 at the Chula Vista home.Oien said Cook's agitation over Medina's sloppiness was far from indicative of a motive to kill and that Cook would have tried to get closer to Medina if he really wanted his settlement money, rather than kicking him out of their house.RELATED: Bodycam video shows officer confront accused killer of man found in barrelAccording to the prosecution, Cook enlisted Spurgeon's assistance on Oct. 11 to haul the barrel and dispose of it.Surveillance footage allegedly captured the men in a green Ford F-150 owned by Cook's half-brother, which is seen towing Spurgeon's boat from El Cajon to the bay. Somerville alleged that a barrel matching the one containing Medina's body can be seen in the bed of the pickup in the footage.She also said a search of the McIntosh Street home yielded additional indications that Cook was covering up the murder, such as removal of his home's kitchen sink and stripping down Medina's room, which was located in an attached building on the property.Oien said Cook was merely fixing up the home, and that he had an agreement with his landlord to make occasional repairs in exchange for lower rent.Spurgeon's attorney, Roland Haddad, said there was no evidence that his client had any knowledge that he was assisting Cook in disposing a body, if Cook even committed the murder at all. The men exchanged phone calls on Oct. 11, but Haddad said there was no evidence regarding what discussions they had over the phone, nor what was said on the alleged boat ride when Medina's body was dumped into the water. 4095

SAN DIEGO (CNS) - San Diego's Metropolitan Transit System announced today 40 local high school students who took part in an annual essay contest were awarded new laptop computers and backpacks.Students from more than 70 high schools around the county entered the MTS and Coca-Cola Laptop Scholarship Contest, which required the applicants to submit an essay on ways to get more students to use public transit such as lowering student transit passes.The winning students, from 27 schools, received a 15.6-inch HP Touch-Screen laptop and a Northface backpack that doubles as a laptop case. MTS officials honored the winning students on Friday at the 12th and Imperial Transit Center."It was great that winners came from so many campuses,'' said MTS CEO Paul Jablonski. "Their essays presented convincing ideas. Students were required to think critically about the way public transit shapes our communities.''The contest comes from a partnership between MTS, Coca-Cola Refreshments of San Diego and the San Diego County Office of Education. Each applicant had to be a county resident and attend a county high school to be eligible. 1136

SAN DIEGO (CNS) - Rite Aid is expanding its COVID-19 testing capacity with 161 new drive-thru testing locations opening Thursday, including five in San Diego County.Testing will be available by appointment for people 18 years of age or older, regardless of whether the person is experiencing symptoms, according to Rite Aid. Results are expected in three to five days, a company spokesperson said.County locations providing testing starting Thursday are:-- 1665 Alpine Boulevard in Alpine-- 1331 South Mission Road in Fallbrook-- 7224 Broadway in Lemon Grove-- 1201 South Coast Highway in Oceanside-- 28535 Cole Grade Road in Valley CenterThe sites will utilize self-swab nasal tests overseen by Rite Aid pharmacists, and will operate Monday through Friday, 10 a.m. to 8 p.m., and Saturday and Sunday, 10 a.m. to 5 p.m.Patients must provide government-issued ID, be at least 18 and pre-register online at https://www.riteaid.com/pharmacy/services/covid-19-testing to schedule an appointment. 999

SAN DIEGO (CNS) - The San Diego City Council voted unanimously Monday to expand city-imposed curfews on five local parks in North Park, City Heights and near Balboa Park. The vote will establish a midnight-to-6 a.m. curfew at Cedar Ridge Mini Park, Montclair Neighborhood Park, North Park Community Park and North Park Mini Park and a 9 p.m. to 5 a.m. curfew at City Heights Square Mini Park. The council added curfews to the five parks after residents expressed concerns about people breaking the law after-hours on park grounds. The city does not currently have a blanket park curfew, which would make it illegal to be in a park after a certain time, but many of the city's parks generally close at or some time after sunset. Multiple City Council members expressed concern that the curfews could unfairly target homeless residents. North Park, City Heights and areas adjacent to Balboa Park currently have a significant portion of the city's homeless population. "This is about trying to address legitimate public safety concerns," said City Councilman Chris Ward, who represents the district encompassing all five parks. "A huge focus of mine is to make sure that this is not inappropriately used to criminalize homelessness." With the vote, the five parks will join Children's Park, Gaslamp Square Park, Pantoja Park, the Children's Museum Park, Fault Line Park, Cortez Hill Park and the Spruce Street Pedestrian Bridge as public spaces with overnight curfews. 1473

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