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SAN DIEGO (CNS) - In a ruling stemming from a lawsuit brought the city attorneys of San Diego and two other cities and the state, a federal judge today granted a preliminary injunction against ride-hailing companies Uber and Lyft, requiring them to classify their drivers as employees rather than independent contractors in accordance with a new state law.San Francisco-based Judge Ethan P. Schulman ruled in favor of California Attorney General Xavier Becerra, and the city attorneys of San Diego, Los Angeles and San Francisco in their lawsuit alleging Uber and Lyft have misclassified their drivers, preventing them from receiving ``the compensation and benefits they have earned through the dignity of their labor.''The suit alleges the companies are violating Assembly Bill 5, which went into effect Jan. 1 and seeks to ensure ``gig workers'' misclassified as independent contractors are afforded certain labor protections, such as the right to minimum wage, sick leave, unemployment insurance and workers' compensation benefits.Both companies issued statements indicating they would appeal the ruling, which is scheduled to go into effect in 10 days.Schulman wrote in his ruling that ``both the Legislature and our Supreme Court have found that the misclassification of workers as `independent contractors' deprives them of the panoply of basic rights and protections to which employees are entitled under California law, including minimum wage, workers' compensation, unemployment insurance, paid sick leave and paid family leave.''The judge said that under the ``ABC test'' used to determine whether a worker is an employee or an independent contractor, the companies would not be able to argue their drivers are independent contractors as they perform work that is within the company's usual course of business.Schulman recognized that the injunction could have major impacts for the companies, as well as some drivers who prefer to remain independent, and wrote that ``if the injunction the People seek will have far-reaching effects, they have only been exacerbated by Defendants' prolonged and brazen refusal to comply with California law.''The campaign for Proposition 22, a proposed ballot initiative sponsored by Uber and Lyft that would allow rideshare drivers to work as independent contractors, decried the ruling.``We need to pass Prop 22 more than ever,'' said Jan Krueger, a retiree who drives with Lyft in Sacramento. ``Sacramento politicians and special interests keep pushing these disastrous laws and lawsuits that would take away the ability of app-based drivers to choose when and how they work, even though by a 4:1 margin drivers want and need to work independently.We'll take our case to the voters to protect the ability of app-based drivers to work as independent contractors, while providing historic new benefits like an earnings guarantee, health benefits and more.''San Diego City Attorney Mara W. Elliott called the ruling ``a milestone in protecting workers and their families from exploitation by Uber and Lyft, I'm proud to be in this fight to hold greedy billion-dollar corporations accountable, especially when a pandemic makes their withholding of health care and unemployment benefits all the more burdensome on taxpayers.''AB 5's author, Assemblywoman Lorena Gonzalez, D-San Diego, said, ``Uber and Lyft have been fighting tooth and nail for years to cheat their drivers out of the basic workplace protections and benefits they have been legally entitled to. They have enriched their executives and their bottom line, while leaving taxpayers on the hook to subsidize the wages and benefits of their drivers.``Today, the court sided with the People of California. I'm thankful to our Attorney General and city attorneys for demanding justice for the hundreds of thousands of rideshare drivers in California.'' 3862
SAN DIEGO (CNS) -- A San Diego man who allegedly had Molotov cocktails in his possession at last month's La Mesa police brutality protest is facing federal charges, the U.S. Attorney's Office announced Tuesday.Zachary Alexander Karas, 28, is charged with possession of an unregistered destructive device for allegedly having two glass bottles containing gasoline and wicks while at the protest, which began May 30 and carried over into the morning of May 31.According to the charging document, officers spotted Karas and his girlfriend sitting on the pavement at the corner of Allison Avenue and Spring Street at around 2 a.m. May 31.Karas was arrested for not leaving the area after dispersal orders were given by law enforcement, following the declaration of an unlawful assembly, according to the complaint.In an interview with law enforcement, Karas allegedly said "he brought the Molotov cocktails to the protest at the police station because he intended to use the Molotov cocktails to set fires, but ultimately did not cause any fires."Fires were set at the Chase and Union Bank branches and Randall Lamb Associates building near the site of the protest, but the complaint does not allege Karas set any of the fires sparked following the protest."The Constitution strongly protects the First Amendment right of all to speak out and peacefully protest," said U.S. Attorney Robert Brewer. "My office is committed to protecting that First Amendment right."Violence, however, by a relatively small number of opportunists who sought to wreak havoc, destroy property, and threaten the safety of peaceful protesters will not be tolerated." 1647
SAN DIEGO (CNS) - A San Diego man who provided alcohol to an underage drinker who subsequently caused a crash that killed her passenger was sentenced to 240 days in custody, the City Attorney's Office announced Wednesday. Fraidoon Ahmad gave alcohol to Yolanda Lozano and Mabel Bahena, both 19, on Feb. 17, 2017. Lozano later drove while drunk and collided with a truck on Interstate 15, killing Bahena. Lozano pleaded guilty to gross vehicular manslaughter while intoxicated and was sentenced to one year in custody, with Bahena's family asking a judge for leniency as the two women had been best friends since grade school. Ahmad pleaded guilty in May to misdemeanor charges of furnishing alcohol to a person under 21 and furnishing alcohol to a minor causing great bodily injury and death. RELATED: Woman who killed best friend in drunk driving crash sentenced to year in jailIn addition to being sentenced Tuesday to 240 days in custody, he will be on probation for three years and must complete nine days of work service, according to the City Attorney's Office. ``Mabel Bahena's young life was cut short, and a family was devastated by defendant's reckless actions,'' City Attorney Mara W. Elliott said. ``We hope this sentence sends a clear message that there will be severe consequences for adults who provide alcohol to minors.'' According to the City Attorney's Office, Lozano and Bahena met up with Ahmad at the Myst Hookah Lounge in the Gaslamp Quarter. Lozano was responding to an ad that Ahmad posted online, seeking prospective employees for a job at a marijuana dispensary. Ahmad gave each woman two glasses of wine and a shot of tequila at the lounge, then met up with him at his East Village apartment, where he served them more alcohol, according to the City Attorney's Office. 1804
SAN DIEGO (CNS) - Authorities Tuesday publicly identified a 15-year-old boy who was fatally shot last week in Barrio Logan.Patrol personnel responding to reports of gunfire in the area of Chicano Park shortly before 10 p.m. Friday found a large gathering of people standing in a parking lot and a motorist beginning to drive away in a silver sedan, according to police.Seeing the arriving officers, the group, including two people in the car, scattered, Lt. Andra Brown said.RELATED: 15-year-old fatally shot near Chicano ParkInside the vehicle, police found Brian Romo of San Diego, who had been shot in the upper body. Paramedics took him to a hospital, where he was pronounced dead.The motive for the shooting remains unclear, and no arrests have been made in the case."While the investigation continues, very little is known about the circumstances leading up to the (victim's) death," Brown said. "Detectives are attempting to locate evidence and any possible witnesses. Investigators are aware of the large crowd present at the time of the incident and would like to speak to them. We do not have any suspect information at this time." 1149
SAN DIEGO (CNS) - A UC San Diego Health professor is one of 85 members in the health and medicine field elected to this year's class of the National Academy of Medicine, UCSD announced today.Dr. Lucila Ohno-Machado is the chair and founder of UCSD's Department of Biomedical Informatics."Bioinformatics and big data are increasingly a foundation and driver of modern medicine. Lucila is an undisputed expert and pioneer in both," said Dr. David Brenner, UCSD's vice chancellor of health sciences. "Her leadership and dedication to scientific excellence make her an ideal NAM member. We are proud of the many research and education programs she has built here, helping UC San Diego remain a leader in these critical fields."The 2018 academy class includes 75 regular members and 10 international members. Current members elect new members each year, focusing on medical professionals who have made significant contributions in the medical science, health care and public health fields. Academy members elected Ohno-Machado for her work creating an algorithm that allows medical professionals to share clinical data while maintaining a patient's privacy, according to the NAM.Ohno-Machado is an informatics and technology professor at the School of Medicine and a founding member of the UCSD Halicioglu Data Science Institute. In addition to her work at UCSD, Ohno-Machado is a research health scientist for San Diego's Veterans Affairs healthcare system, co-leads the 1474