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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) - Rail service along the Los Angeles-San Diego-San Luis Obispo rail corridor will again be suspended Saturday through 5 a.m. Monday from Oceanside to San Diego for track and signal improvements, according to the San Diego Association of Governments.The scheduled rail work in Cardiff-by-the-Sea, Carlsbad and San Diego is the second of two weekend-long closures for track and signal improvements along the LOSSAN corridor. Rail service was also suspended from Oct. 13 to Oct. 15. Rail service for the four railroads affected by the closures -- the North County Transit District, Metrolink, Amtrak and freight line BNSF -- is expected to resume Monday for morning commute hours, albeit with possible delays.Track crews in Cardiff-by-the-Sea will replace rail ties as part of a double-tracking project to add a second rail track between Cardiff-by-the-Sea to the San Elijo Lagoon. Work crews connected the second line to the existing track last month. Workers will also update the rail signals at the Chesterfield Drive grade crossing.MAP: Traffic conditions around San Diego County Crews in Carlsbad plan to prepare the NCTD Coaster Poinsettia Station for a new western alignment of the existing track as well as move existing rail signals at the station to more optimal locations. The .7 million Poinsettia Station Improvements Project "will lengthen and elevate passenger platforms, install a fence between the tracks within the station, relocate a section of the existing tracks, and replace the existing at-grade rail crossings with an undercrossing featuring stairways and ADA compliance ramps on both sides of the tracks," according to SANDAG, which expects the project to be completed in 2020.Crews in San Diego will work on improvements to the San Diego River Bridge and structures along the Elvira to Morena Double Track Project. In addition, NCTD crews and San Diego's Metropolitan Transit System will make improvements to track crossings at the Old Town Transit Center.The rail work is part of SANDAG's Build NCC (North Coast Corridor) program, a 40-year, 0 million effort to repair and expand vehicle and rail transportation infrastructure throughout San Diego County. SANDAG officials and work crews expect to finish this weekend's projects between 2019 and 2020. 2305

SAN DIEGO (CNS) - The San Diego Armed Services YMCA hosted neighborhood food exchange event Thursday to combat hunger among local military members and their families.The event was open to active duty military members and their families who meet federal income requirements for emergency food assistance. The ASYMCA holds food exchange events on the fourth Thursday of each month from January to October and the third Thursday in November and December.``There is never enough that we can do for our military families and this is just one simple way to thank them for their service,'' said ASYMCA Executive Director Tim Ney. 630

SAN DIEGO (CNS) -- San Diego Gas & Electric residential customers will see their electricity bills reduced by .28 in both August and September thanks to a climate credit program.Designed to fight climate change, the California Climate Credit will come from a state program that requires power plants, natural gas providers and other large industries that emit greenhouse gases to buy carbon pollution permits. The credit on customers' bills is their share of the payments from the state's program."This bill credit provides some financial relief at a critical time when many people need it due to the COVID-19 economic crisis and summer weather driving up energy use," said Scott Crider, SDG&E's vice president of customer services.Originally, the credit was scheduled to appear on customer bills in April and October. To help reduce bill spikes in the summer, when energy usage typically goes up along with the temperature, SDG&E successfully petitioned the California Public Utilities Commission to change the timing of the credit to August and September -- the months when air conditioning use typically peaks.There is no action required to receive the credit. All residential customers, including community choice aggregation customers, will automatically receive this credit from SDG&E on their August and September billing cycles.Residential customers with natural gas service received the natural gas portion of the California Climate Credit -- .11 -- in April. In 2021, the electric and gas credit will follow the same schedule as this year. 1579

SAN DIEGO (CNS) - Police Tuesday were searching for two men who carjacked a 43-year-old man at knifepoint near San Diego Mesa College in the Clairemont area.It happened shortly before 10:50 p.m. Monday in the 7200 block of Mesa College Drive, off Linda Vista Road west of state Route 163, San Diego police Officer John Buttle said.A 43-year-old man had just parked his car, a blue 2019 Mazda3 sedan with California license plate 7YGF888, when two men walked up to him, Buttle said. One of the men was armed with a knife and placed the knife to the victim's stomach while demanding the car keys.The victim complied and both suspects drove off in the car, which was last seen heading eastbound on Mesa College Drive, Buttle said. No injuries were reported.No detailed suspect descriptions were immediately available. 822