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LOS ANGELES (CNS) - Uber and Lyft will keep operating in San Diego and across California -- for now -- with a state appeals court Thursday putting on hold a ruling requiring the ride-hailing companies to classify their drivers as employees instead of independent contractors.The decision by the state's 1st District Court of Appeal averted threats by Uber and Lyft to shut down all California operations at midnight. Uber officials said earlier this week they would likely shut down, and Lyft issued a statement earlier Thursday saying its operations would be halting at midnight.In a blog post on Thursday morning, Lyft stated: “At 11:59PM PT today our rideshare operations in California will be suspended. This is not something we wanted to do, as we know millions of Californians depend on Lyft for daily, essential trips.”Lyft added: “This change would also necessitate an overhaul of the entire business model -- it’s not a switch that can be flipped overnight.”The dispute traces its roots to the state's passage of Assembly Bill 5, which effectively required the companies to classify their drivers as employees, a move supporters said would guarantee their wages and assure them of other benefits and workplace protections.The companies, however, said the move would require a complete overhaul of their operations and would actually hurt drivers -- forcing them to work set schedules instead of giving them the flexibility to work only when they wanted. The companies also said the move would result in many drivers losing their jobs unless they could work standard hours, and would likely also harm overall service for riders.California Attorney General Xavier Becerra, and the city attorneys of San Diego, Los Angeles and San Francisco argued in court that Uber and Lyft have misclassified their drivers as independent contractors, preventing them from receiving "the compensation and benefits they have earned through the dignity of their labor" such as the right to minimum wage, sick leave, unemployment insurance and workers' compensation benefits.On Aug. 10, San Francisco-based Judge Ethan P. Schulman ruled against the companies, but he stayed his decision for 10 days to give them time to appeal. They did so, resulting in Thursday's last-minute ruling putting Schulman's ruling on hold.The court, however, warned the companies to continue preparing for the possible switch to employee drivers, saying each company must submit a sworn statement by Sept. 4 "confirming that it has developed implementation plans." The companies must also affirm they are prepared to actually implement those plans and switch to the employee system within 30 days if they ultimately lose their appeal and a company-sponsored measure on the November ballot fails.That ballot measure, Proposition 22, would allow ride-hailing drivers to work as independent contractors.The court scheduled oral arguments in the appeal for Oct. 13.Lyft contends that four out of five drivers prefer working as independent contractors so they can have more flexibility. 3056

LOS ANGELES (AP) — The western Joshua tree needs protection under the California Endangered Species Act because of threats from climate change and habitat destruction, the Center for Biological Diversity said in a petition Tuesday to the state's Fish and Game Commission.The petition comes amid rising concern about the future of the crazy-limbed trees with spikey leaves that have come to symbolize the Mojave Desert and draw throngs to Joshua Tree National Park."The state has to step up for these trees," center conservation director Brendan Cummings said in a statement.The petition asks that western Joshua trees be given "threatened" status under the act.The request states that the trees meet the definition of a plant that "is likely to become an endangered species in the foreseeable future in the absence of the special protection and management efforts."Researchers have found that Joshua trees are dying off due to hotter and drier conditions, and fewer young trees are surviving, according to the center, a nonprofit conservation organization based in Tucson, Arizona.The trees are migrating to higher elevations where there are cooler and more moist conditions, but they face destruction by fire due to invasive, non-native grasses in those locations.Joshua trees also face challenges due to urban sprawl in the desert as well degradation of habitat for energy projects, powerlines, pipelines and off-road-vehicle use.The western Joshua tree's habitat includes Joshua Tree National Park and stretches to the west along the north slopes of the San Bernardino and San Gabriel mountain ranges into the Antelope Valley, northward along the eastern flank of the southern Sierra Nevada and eastward toward the edge of Death Valley National Park and into Nevada.The eastern Joshua tree — a distinctly different plant — lives in the Mojave National Preserve and eastward into Nevada, Arizona and Utah.The Center for Biological Diversity said that under the California Endangered Species Act, the state Department of Fish and Wildlife has three months to make a recommendation to the Fish and Game Commission, which would then vote on the petition next year. 2171

LOS ANGELES (CNS) - The Securities and Exchange Commission announced Friday that Calabasas-based Cheesecake Factory Inc. will pay a 5,000 penalty for making "false or misleading" disclosures about the impact of the COVID-19 pandemic on its business operations and financial condition.This is the first time the SEC has brought allegations against a public company for misleading investors about the financial effects of the pandemic.According to the SEC's order, the Cheesecake Factory restaurant group said in regulatory filings in March and April that its eateries were "operating sustainably," while failing to disclose that the company was losing roughly million in cash per week and had just 16 weeks of cash remaining.The order finds that although the company did not disclose the information in its filings, the group did share the particulars with potential private equity investors or lenders as it sought additional liquidity during the public health crisis.Without admitting the SEC's findings, the restaurant company agreed to pay the penalty and to cease-and-desist from further violations of the charged provisions. In determining to accept the settlement, the SEC said it considered the cooperation afforded by the company.A Cheesecake Factory representative pointed to a disclosure form filed Friday in which the company stated it was in full compliance with the cease- and-desist order and that the company "fully cooperated with the SEC in the settlement" without admitting or denying the regulators' allegations.The order also finds that although the March filing described actions the company had undertaken to preserve financial flexibility during the pandemic, it failed to disclose that Cheesecake Factory already had informed its landlords that it would not pay rent in April due to the impacts that COVID- 19 inflicted on its business."During the pandemic, many public companies have discharged their disclosure obligations in a commendable manner, working proactively to keep investors informed of the current and anticipated material impacts of COVID-19 on their operations and financial condition," SEC Chairman Jay Clayton said. "As our local and national response to the pandemic evolves, it is important that issuers continue their proactive, principles-based approach to disclosure, tailoring these disclosures to the firm and industry-specific effects of the pandemic on their business and operations. It is also important that issuers who make materially false or misleading statements regarding the pandemic's impact on their business and operations be held accountable."Cheesecake Factory had notified its landlords that it wouldn't pay rent on April 1 due to financial complications stemming from the coronavirus outbreak. A letter sent by Chief Executive David Overton to the restaurant group's landlords -- many of which are shopping mall operators -- was released publicly in March by Eater L.A.The company has 294 restaurants in North America, 39 in California and five in San Diego County.Its largest landlord is Indianapolis, Indiana-based real estate company Simon Property Group, which provides space for 41 Cheesecake Factory locations, according to the San Fernando Valley Business Journal."When public companies describe for investors the impact of COVID-19 on their business, they must speak accurately," said Stephanie Avakian, director of the SEC's Division of Enforcement. "The Enforcement Division, including the Coronavirus Steering Committee, will continue to scrutinize COVID- related disclosures to ensure that investors receive accurate, timely information, while also giving appropriate credit for prompt and substantial cooperation in investigations." 3725

LONDON (AP) — An artist has erected a statue of a Black Lives Matter protester atop the plinth in the English city of Bristol once occupied by the toppled statue of a slave trader. Marc Quinn created the likeness of Jen Reid, a protester photographed standing on the plinth after demonstrators pulled down the statue of Edward Colston and dumped it in Bristol's harbor on June 7. The statue, titled "A Surge of Power (Jen Reid)" was erected before dawn on Wednesday without approval from city officials. Colston was a 17th-century trader who made a fortune transporting enslaved Africans across the Atlantic to the Americas. His money funded schools and charities in Bristol, 120 miles (195 kilometers) southwest of London. 731

LONDON (AP) — Queen Elizabeth II has made a knight of the 100-year-old World War II veteran who captivated the British public by walking 100 laps of his garden and raising some 33 million pounds ( million) for the National Health Service.The queen tapped the blade of a sword once owned by her father on the shoulders of Tom Moore on Friday to turn the hero of a nation into a knight of the realm.Moore steadied himself against his now-famous walker and wheeled himself close enough to stand in front of Elizabeth but skipped the normal practice of taking a knee before the monarch. 593