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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 City Council voted Monday to place two ballot measures on the March 2020 ballot, including a hotel tax hike that would fund a convention center expansion, homeless services and infrastructure improvements.The tax increase proposed by San Diego Mayor Kevin Faulconer would raise the city's transient occupancy tax from 10.5% to as high as 15.75% in certain areas of the city, which supporters argue would reap an estimated billion over 42 years.The funding would allow the city to purchase a parcel of land adjacent to the convention center that is currently owned by Fifth Avenue Landing. Once it purchases the land, the city would expand the convention center by roughly 400,000 square feet, from roughly 800,000 square feet to about 1.2 million square feet.RELATED: Hotel tax increase proposed for San DiegoThe land cost is expected to be roughly million, part of an estimated allocation of .5 billion for the purchase and convention center upkeep and marketing. Roughly .8 billion of the initiative's remaining revenue would fund the city's homeless services and shelters, while 1 million would be allocated for repairs to the city's network of roads."This is a measure that is being supported by the lodging industry and is willing to tax its own customers to ... help support homelessness in our community and to help with our infrastructure," San Diego Tourism Authority COO Kerri Kapich said.Voter rights groups and several council members urged that the measure be placed on the November ballot in lieu of the March primary ballot, when turnout is expected to be lower. The council ended up voting 5-4 in favor of placing the measure on the March ballot to ensure it goes in front of voters as soon as possible.RELATED: San Diego city council approves .9 billion homelessness planThe council also unanimously voted to place a measure authored by City Councilman Scott Sherman on the March ballot that would shift the responsibility for the city auditor appointment process from the mayor's office to the council's Audit Committee. Currently, the mayor appoints a city auditor candidate to serve a 10-year term."The city auditor is vital to holding city administration accountable and ensuring taxpayer dollars are spent properly," Sherman said in a statement. "The administration shouldn't be in charge of choosing who is overseeing the administration. This ballot measure will help ensure this important position is truly independent."Under the proposed measure, the Audit Committee would recruit and choose three candidates for the city auditor position. The council would then choose one of the three candidates to serve as the city auditor for a pair of five-year terms.Since the position was established in 2009, the city has only had one official city auditor, Eduardo Luna, who served nearly all of his term before leaving for a similar position with the city of Beverley Hills in October 2018.Sherman, the Audit Committee chair, proposed the measure after Faulconer appointed DeeDee Alari, a deputy director in the city treasurer's office, to the position in July. Alari has yet to be confirmed. 3167

SAN DIEGO (CNS) - The Port of San Diego announced Monday a three-year pilot project to test the use of concrete tide pools as a shoreline stabilizing tool. The concrete company ECOncrete will analyze the efficacy of its concrete tide pools as a possible replacement for traditional shoreline-stabilizing tools like rock armoring. The concrete tide pools will also serve as ecosystems for aquatic animals and organisms that live in natural tide pools. The tide pools interlock like puzzle pieces and are made of low carbon concrete that, according to the company, is environmentally safe and tailored to the environment in which its placed. ECOncrete plans to install 72 of the concrete tide pools across three areas of Harbor Island's shoreline, according to the Port of San Diego. ``ECOncrete's Coastal Star tide pools have great potential to provide many benefits for San Diego Bay,'' said Port of San Diego Board Chair Garry Bonelli. ``The Port looks forward to seeing if they can provide shoreline stabilization, help guard against coastal flooding, and improve the ecology of our bay water.'' The project is the eighth approved in the Port of San Diego's Blue Economy Incubator, which is intended to streamline the process in which businesses can launch pilot projects for so-called blue technology. The port launched the incubator program in 2016 as a way to collaborate with businesses focused on restoring ecosystems, improving water quality and fisheries and monitoring the environment. ECOncrete plans to monitor the tide pools every six months to examine how they could replace current shoreline stabilizers in the San Diego Bay. The best-case scenario, according to the company, would be protecting the city from rising water levels due to climate change while also protecting and sustaining local marine life. ``We are eager to help protect the city's coastlines while increasing resilience and rejuvenating the marine ecosystem of the area,'' said ECOoncrete CEO Shimrit Perkol-Finkel. ``The newly developed Coastal Star tide pool in partnership with the Port of San Diego will help change the way our future coastlines look and function.'' 2162

SAN DIEGO (CNS) - The Bengal tiger cub rescued during a smuggling attempt at the US-Mexico border was joined Monday by a Sumatran tiger cub from the National Zoo in Washington, D.C.The Bengal tiger was discovered last month at the Otay Mesa border crossing last month and taken to the San Diego Zoo Safari Park for care.RELATED: Smuggled tiger cub found at US-Mexico borderThe Sumatran tiger that joined the cub in San Diego is nine-weeks-old. He has been fed by humans since last month because his mother became aggressive toward him. Zoo personnel said the cub would "chuff" in a friendly tiger greeting but his mother, Damai, would not respond.Animal care staff from the Safari Park were on hand at San Diego International Airport to meet the cub and the keepers upon their arrival. The young tiger was immediately transported to the Safari Park’s Ione and Paul Harter Animal Care Center, where he will continue to receive the care he needs.“We are beyond thrilled to welcome this tiger cub to the Safari Park,” said Andy Blue, associate curator of mammals at the San Diego Zoo Safari Park. “His keepers reported he did extremely well during the flight — slept most of the way. Our priority now is to ensure he continues to thrive and acclimates well to his new surroundings.” 1302

SAN DIEGO (CNS) - San Diego County public health officials reported a record 1,546 COVID-19 infections today, the 14th consecutive day that more than 600 new cases were reported, along with 16 additional deaths.The county's coronavirus death toll now stands at 984, and the cumulative case total rose to 74,361.The previous one-day case record was last Saturday, when 1,478 new COVID-19 cases were logged, topping the previous record of 1,091 set Friday. On Sunday, 939 new cases were reported.San Diego County fell deeper into the most restrictive purple tier of the state's four-tiered reopening plan Tuesday with an unadjusted 21.5 new COVID-19 cases per 100,000 population. Even with an adjusted rate of 13.1 per 100,000 due to significant testing increases by local health authorities, that number far exceeds the strictest tier's baseline of seven daily cases per 100,000.A total of 17,329 tests were reported Tuesday and 9% of those came back positive, raising the 14-day rolling average of positive tests to 5.3%.The number of patients hospitalized with COVID-19 continues to rise, with 518 hospitalized in the county and 151 in intensive care, more than double the numbers of a month ago.Of the total number of cases in the county Tuesday, 4,435 -- 6% -- have required hospitalization and 1,002 patients -- 1.3% of all cases -- had to be admitted to an intensive care unit.A total of 15 new community outbreaks were confirmed Tuesday. Over the previous seven days, 73 community outbreaks were confirmed. A community outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days.San Diego County Public Health Officer Dr. Wilma Wooten advised caution as the Thanksgiving holiday looms.``There should be a small number of people and gatherings should be short in duration,'' she said. ``We are asking people to please follow the public health guidance to provide a safe experience for everyone attending the gathering.'' 1998

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