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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) - Out-of-work San Diegans can apply for seasonal employment with Macy's, which is looking to hire 6,100 holiday workers throughout California for positions at the company's department stores, call centers and distribution and fulfillment centers.Macy's, which has 97 stores in California, is encouraging job seeks to submit applications now and will be filling seasonal work positions on Thursday, Oct. 22, during a holiday virtual hiring event where interviews will be safely conducted by phone due to the coronavirus pandemic."The quick and convenient process allows seasonal candidates to interview from wherever," according to a statement released by Macy's, which says it is offering competitive pay, access to flexible scheduling, merchandise discounts and the opportunity to earn additional bonuses.Macy's officials noted that their seasonal applicants often receive an offer the same day they apply and many stay with the company long after the holidays -- about 1,000 seasonal workers last year were hired on permanently, and about one-third of Macy's store leadership started their careers during the holiday season."To support Macy's convenient shopping experience, stores will also offer a new, versatile role focused on picking and packing contact-free curbside pickup and same-day delivery orders," company officials said.Candidates can apply online 24/7. Open positions and additional information are available at macysjobs.com. 1467

SAN DIEGO (CNS) - The California Highway Patrol is reporting no fatalities and 26 drunk driving arrests in San Diego County for the Labor Day weekend period of 6 p.m. Friday to 6 a.m. Sunday.Last year for the same period, there were 40 DUI arrests and no fatalities in the county, according to the CHP.Across California, the CHP reported 551 DUI arrests and 18 fatalities for the same period. Last year, they reported 717 DUI arrests and 11 fatalities.The DUI arrests are only those made by CHP officers, while fatality statistics are for all law enforcement agencies.Statewide, 13 vehicle occupants were killed in CHP jurisdiction, six without safety belts. There were four motorcyclists killed in CHP jurisdiction, one without a helmet.The CHP investigates all crashes on freeways, and on all roads in unincorporated areas. 833

SAN DIEGO (CNS) - The San Diego Humane Society will make a group of animals displaced by the Camp Fire available for adoption Friday.Earlier this month, the organization's Emergency Response Team deployed to Butte County for 10 days to offer aid to hundreds of animals displaced or otherwise affected by the fire.The team returned to San Diego Dec. 19 with eight dogs and three cats, some of whom received treatment for burns caused by the fire.The owners of the 11 animals surrendered them to the Humane Society because they could no longer care for them. As a result, they will not have an owner seeking to find them once conditions improve in the areas affected by the fire.The Humane Society will put a group of the displaced animals up for adoption at 10 a.m. at its main campus, located at 5500 Gaines St. Available animals include a bonded pair of 6-year old miniature pinscher mixes named Pikachu and Panchie and a 3-year old cat names Sunshine.One of the dogs, 11-year-old Cinnamon, was adopted on Friday. Two of the cats have also found forever homes. Residents can view the Humane Society's adoptable animals at sdhumane.org/pet. Adoptions will be on a first-come, first-served basis. 1203

SAN DIEGO (CNS) - San Diego is among four cities named Wednesday to join the Bloomberg American Cities Climate Challenge.Former New York City Mayor Michael Bloomberg, Los Angeles Mayor Eric Garcetti and Natural Resources Defense Council President Rhea Suh said Los Angeles, San Jose and Portland, Oregon, were also selected for the million effort by Bloomberg's American Cities Initiative to support and enhance a total of 20 cities' capacities to fight the effects of climate change and create environmentally sustainable solutions.Bloomberg announced last month that Seattle, Washington, and Atlanta, Georgia, were selected for the program.RELATED: California sets goal to generate 100 percent clean energy by 2045"The response to our Climate Challenge was overwhelming," Bloomberg said. "Cities all across the country put forward thoughtful and innovative proposals. Selecting the ones with the most ambitious goals -- and the most realistic plans for reaching them -- was not easy. But Los Angeles, San Diego, San Jose, and Portland all stood out, and we're glad to include them in the group of winners."The American Cities Initiative is a 0 million investment intended to support policies that Bloomberg sees as critical. The cities participating in the climate challenge program will receive a suite of funds and materials to assist in the fulfillment of their individual climate action plans. Each city will also be partnered with a program liaison to help develop and ultimately pass legislation to curb climate change.RELATED: San Diego Mayor Kevin Faulconer unveils 2019 budget"The American Cities Climate Challenge gives cities the tools they need to lead the way," Suh said. "With cities generating the majority of the fossil fuel pollution driving climate change, and bearing the brunt of its impacts, fighting climate change begins in City Hall. These mayors are committed to delivering a brighter, more hopeful tomorrow for future generations."According to Bloomberg Philanthropies, San Diego city officials led by Mayor Kevin Faulconer pledged to work with Bloomberg and his partners to make public and environmentally friendly transit choices more accessible to residents, incentivize land owners to build housing developments closer to public transit access points and implement an energy plan based solely on renewable energy sources.RELATED: A new report says Earth only has until 2030 to stem climate change"San Diego is proud to be recognized as a national leader for climate action and to be one of only 20 winners of the American Cities Climate Challenge," Faulconer said in a Twitter post. "Through this Bloomberg Philanthropies program, we'll receive support to meet our climate goals." 2742