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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) - San Diego County's Air Pollution Control District selected projects from 49 organizations Wednesday to receive .3 million in grants for projects designed to keep 692 tons of greenhouse gas and pollution out of the skies.The grants, part of the county's Clean Air for All campaign, will reimburse the selected businesses, local governments, schools and utilities for swapping out high-polluting, heavy-duty equipment for low-polluting or zero- polluting vehicles, boats and machinery.The district has notified all the organizations that their projects have been selected to receive the grants funded by California's Air Resources Board and Department of Motor Vehicles.All the organizations must sign contracts to start their projects; seven of the projects must still receive final approval from the California Air Resources Board. The organizations are reimbursed once their projects are completed.District officials estimate that if all 138 selected projects are completed they would improve local air quality over their lifetime by preventing the emission of 562.5 tons of nitrogen engine emissions, 103.5 tons of reactive organic gases that affect ozone production and 26.1 tons of diesel particulate matter -- small particles of carbon like soot. All told, the weight is roughly equal to six space shuttles.The majority of the grant money, roughly .3 million, is targeted to help the county's portside environmental justice neighborhood communities and projects from other state-designated disadvantaged communities. Those include the portside communities of Barrio Logan, Logan Heights, Sherman Heights and western National City as well as El Cajon and San Ysidro.The state Air Resources Board selected those portside neighborhoods as part of its Community Air Protection Program. That program provides special funding for neighborhoods that are disproportionately harmed by air pollution because they're near ports, shipping, freeways, rail yards, freight, warehouses and industries. The board created its program in response to California's 2017 passage of Assembly Bill 617, which aimed to help local communities threatened the most by air pollution.Some of the selected portside and disadvantaged communities' projects include truck, school bus, port equipment and marine replacements.The remaining money comes from a mixture of state air quality improvement funds and will primarily be spent to upgrade off-road vehicles, agricultural equipment and marine equipment for 36 organizations. 2530

SAN DIEGO (CNS) - The city of San Diego will begin enforcing parking regulations again starting Oct. 1 with a two-week grace period before full enforcement Oct. 15.The city temporarily suspended parking enforcement on March 16 following the COVID-19 stay-at-home order. Multiple attempts in the following months to reinforce parking regulations have been thwarted by ongoing shutdown orders.In developing a plan to restart parking enforcement, city staff consulted with several business groups representing communities across San Diego.Starting Thursday, the city will issue written warnings for vehicles parked in violation of:-- Posted street sweeping routes-- Metered parking restrictions-- Curb time limits-- Commercial zonesCitations will continue to be issued for vehicles parked illegally at red, white and blue painted curbs. Drivers are encouraged to follow posted signage when looking for a parking space.Although street sweeping has continued during the public health emergency, the resumption of enforcement will allow city sweepers to sweep debris and dust pollution along the curb line to maintain improved water quality and reduce the potential for flooding as the rainy season approaches.During the two-week grace period, courtesy notices will be distributed to inform residents of the enforcement restart. 1330

SAN DIEGO (CNS) - The San Diego City Council voted unanimously today to support Mayor Kevin Faulconer's plan to expand outdoor dining and retail options during the COVID-19 pandemic.The vote follows Faulconer's July 7 executive order that waived requirements for the temporary use of sidewalks and private parking lots as outdoor dining and retail venues to increase space for physical distancing.Tuesday's vote allows businesses to use adjacent on-street parking to operate while also waiving a majority of permitting fees.``Our local restaurant and retail owners have shown incredible resolve and resilience throughout this pandemic. Many of those small businesses have been among the hardest hit and San Diegans are ready to support them safely and responsibly,'' Faulconer said. ``The response we've seen to outdoor dining has been overwhelmingly positive, and this ordinance opens up so many more options for our small businesses as they work hard to rebound and recover.''The plan is expected to impact up to 4,000 restaurants in San Diego that employ more than 55,000 individuals.Previously, securing an outdoor sidewalk cafe permit could cost businesses more than ,000 and take several months to process. This ordinance will help reduce applicant costs and the review process.``Small businesses account for 98% of San Diego companies. Needless to say, the impact COVID-19 is having on our small, independent, and family-owned businesses is monumental,'' City Councilman Chris Cate said. ``Outdoor dining gives businesses a fighting chance to make it another day, and I applaud Mayor Faulconer for his innovative efforts.''The ordinance also allocates 0,000 in further assistance by absorbing permitting costs for the first 500 businesses that apply with remaining applicants paying significantly reduced fees. Part of the funding is specifically for outreach and education on the program for small and disadvantaged businesses.The city will enter into an agreement with the Strategic Alliance of San Diego Ethnic Chambers of Commerce -- comprised of the Asian BusinessAssociation of San Diego, the Central San Diego Black Chamber of Commerce, and the San Diego County Hispanic Chamber of Commerce -- to provide informational materials in multiple languages and target hard-to-reach communities and disadvantaged businesses.``Working together to support communities of color that have been disproportionately impacted by COVID-19 will help restaurants in these communities recover and continue to contribute to this vibrant economic and cultural landscape in San Diego,'' said Donna DeBerry, spokeswoman for the Strategic Alliance of Ethnic Chambers of Commerce.Upon implementation, the mayor's ordinance will:-- allow outdoor business operations for dining and retail in parking lots, on-street parking spaces, and sidewalks as well as neighboring business frontage with written permission of neighboring business owners;-- waive special event permit fees to allow nonprofit applicants to close streets and conduct business outdoors faster and cheaper;-- broaden allowances and reduce required permits for temporary signs;-- allow for expanded wholesale distribution of food, beverages, and groceries directly to consumers while allowing for social distancing;-- preserve mobility, safety and emergency access for pedestrians, and preserve requirements that ADA access and path of travel be maintained at all times;-- require full compliance with all state and county health orders and guidance. 3516

SAN DIEGO (CNS) - Thanks to tips from the public, physicians Thursday were able to identify a Scripps Mercy Hospital patient who was unable to tell them his name.The retirement-age man was brought to the Hillcrest medical center Sept. 20 from the North Park area, according to San Diego police.On Wednesday evening, authorities circulated a photo of the patient in hopes that someone would recognize him.Police did not release the man's name. 450

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