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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) - Playgrounds in San Diego County can reopen to the public Wednesday, despite initially being closed under COVID-19 restrictions, after state health officials reversed course.Assemblywoman Lorena Gonzalez, D-San Diego, led a group of a dozen legislators who sent a letter to Gov. Gavin Newsom last week urging him to remove playgrounds from the stay-at-home order. They claimed opening playgrounds "is necessary for the mental and physical health of children to have opportunities to expend their physical energy and play." They also noted that in some low-income neighborhoods, "families may have little to no outdoor space of their own available."Newsom and the California Department of Public Health revised statewide public health guidelines on Wednesday to allow for public playgrounds to remain open."Every parent knows how important playgrounds are for our youngest Californians," Gonzalez said. "A huge thank you to Governor Newsom for hearing our collective concern and rethinking how we can open play structures for our kids."Playgrounds were closed earlier in the pandemic before being reopened in September. Then, with a spike in case rates and the state's issuance of a regional stay-at-home order, which took effect late Sunday night across all of Southern California, playgrounds closed again.Pressure from parents and legislators have now caused the state to reopen the playgrounds.According to the state's website, "playgrounds may remain open to facilitate physically distanced personal health and wellness through outdoor exercise. Playgrounds located on schools that remain open for in-person instruction, and not accessible by the general public, may remain open and must follow guidance for schools and school-based programs."San Diego County Supervisor Jim Desmond made a motion at the Board of Supervisors meeting Tuesday to defy the state order and not enforce the playground closure. It was rejected 3-2.Supervisor Nathan Fletcher said his conversation with state officials proved productive, and gave credit to Gonzales -- his wife -- for her work."Kids in San Diego County can now enjoy local playgrounds. This is something that can be done safely and make the lives of families easier," Fletcher said. "My conversations with California Governor Gavin Newsom and Secretary Dr. Mark Ghaly worked, and I appreciate their partnership on this adjustment.""Thank you to everyone who worked cooperatively with the state, to bring about this adjustment, our collective efforts made a difference, special shout out to my wife, supermom, Assemblywoman Lorena Gonzalez," he said. 2621

SAN DIEGO (CNS) - Rep. Scott Peters, D-San Diego, Friday called on the federal government to determine and commit to an interim and long-term plan for nuclear waste storage.Peters challenged the rest of the federal government to find a storage solution during a meeting of the House of Representatives Energy and Commerce Committee's Environment and Climate Change Subcommittee.The subcommittee, on which Peters sits, held a hearing on three bills that would establish a process to send spent nuclear fuel rods from decommissioned plants to designated storage areas around the country. To do so, Peters said the government should invoke the Constitution's supremacy clause, which requires states to follow federal law if they have conflicting statutes.``There's not a lot of enthusiasm among the states to accept any defined or undefined amount of nuclear waste. There just isn't,'' Peters said.``To me ... the magic of federalism is the supremacy clause and the ability of the federal government to ... (say) in this geology, per this engineering, (and) through this licensing process that this risk is lower.''Two of the bills the subcommittee considered -- the Spent Fuel Prioritization Act and the Storage and Transportation of Residual and Excess Nuclear Fuel Act -- would directly affect San Diego County by relocating spent nuclear fuel from the defunct San Onofre Nuclear Generating Station to designated storage sites like Yucca Mountain in the Nevada desert.The plant shut down in 2012, but nearly four million pounds of spent fuel cells remain buried under the plant in a temporary storage facility about 100 feet from the Pacific Ocean. The plant sits approximately 60 miles or less from both San Diego and Los Angeles and the storage facility continues to be susceptible to a major earthquake or significant sea level rise.The bills remain in limbo due to pushback from legislators who represent the districts in which spent fuel rods would be stored.However, Peters' office hopes the bills could get a vote out of the committee by the end of the year. 2073
SAN DIEGO (CNS) - San Diego-based medical technology company Phamatech and its CEO have agreed to pay more than million to resolve allegations that they submitted false claims to Medicare and received government reimbursements for unnecessary lab testing, the U.S. Attorney's Office said Friday.Prosecutors allege the company paid kickbacks to a medical clinic, which in return ordered Phamatech lab testing for its patients enrolled in Medicare.Over the course of about two years, Phamatech, which manufactures diagnostic devices and provides lab testing services such as drug and alcohol tests, paid a per-specimen fee to Imperial Valley Wellness in exchange for referrals of urine samples from Medicare beneficiaries, according to the U.S. Attorney's Office.Many of the samples referred to Phamatech were not necessary and thus ineligible for Medicare reimbursement, prosecutors said.The company, along with its CEO and founder Tuan Pham, agreed to pay ,043,484 to settle allegations that Phamatech violated the federal Anti- Kickback Statute and the False Claims Act.The U.S. Attorney's Office said the allegations were originally brought in a lawsuit filed by former Phamatech employee John Polanco, who will receive 7,392 from the settlement proceeds. 1273
SAN DIEGO (CNS) - The local U.S. Attorney's Office announced Monday that one of its prosecutors will oversee efforts to handle complaints of voting rights abuses and election fraud in the Southern District of California, which includes San Diego County.Assistant U. S. Attorney Christopher P. Tenorio has been appointed to serve as the District Election Officer for the region. Tenorio will oversee local reports of potential election fraud and voting rights violations through Election Day, in consultation with Justice Department headquarters in Washington, D.C."Every citizen must be able to vote without interference or discrimination," U.S. Attorney Robert Brewer said. "The Department of Justice is committed to protecting the integrity of the election process, stopping fraud, and making sure votes are not stolen."Tenorio will be on duty when the polls are open, according to the U.S. Attorney's Office, and members of the public can reach him by calling 619-909-7556.Additionally, the FBI will have special agents and an Election Crimes Coordinator available in field offices throughout the country to hear reports of potential fraud and other crimes related to the election. The public can contact the San Diego FBI at 858-320-1800.Any cases of violence or active intimidation should be reported by calling 911, however.Brewer said, "Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available to my office, the FBI or the Civil Rights Division." 1635
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