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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 Treasurer-Tax Collector Dan McAllister reminded local residents today there is just one week remaining to reclaim more than 0,000 in tax refunds before the money enters the county's general fund.``The impacts of COVID-19 have left many families in need of money, so we want to return every cent available,'' McAllister said. ``Tell your friends, family, and coworkers to check the list on sdttc.com.''San Diegans can visit that website to see if their name is on the list of the 1,190 refunds that total 0,324. The average refund is 8.If a resident does find their name on the list, they can follow the instructions on the unclaimed money page to file a refund claim by October 26.If owed a refund, email the claim to refunds@sdcounty.ca.gov or call 1-877-829-4732 for more information. Anyone can sign up to receive emails when new unclaimed money lists are posted.``San Diegans have filed claims for only ,504 of this money since we posted the refund list in August, meaning 2,820 will be rolled over to the county's general fund if it is not claimed in the next week,'' said McAllister.The smallest refund amount available is , and the largest refund amount is ,111, owed to Amerus Life Insurance Co.Every year, the Treasurer-Tax Collector attempts to reunite San Diegans with money they have overpaid on taxes or fees. In the past five years, the office has refunded nearly 0,000.Current state law says countywide money that is unclaimed for three years and property tax refunds that are unclaimed for four years must be turned over to the county's general fund. 1632

SAN DIEGO (CNS) - Starting Wednesday, Southwest Airlines is providing daily, nonstop service from San Diego International Airport to Honolulu.The inaugural flight departed at 8 a.m. from San Diego to Daniel K. Inouye International Airport in Hawaii."We've been anticipating this route for many months and welcome Southwest's new daily service to Honolulu," San Diego County Regional Airport Authority President and CEO Kimberly Becker said."There has always been high demand for leisure travel to both San Diego and Honolulu and, with a military presence in each city, a desire to visit friends and family," she said. "We appreciate Southwest's continued investment in our city as they add Hawaii to their expanding list of nonstop markets from San Diego."Though Wednesday marked Southwest's first daily flight from San Diego to Honolulu, Hawaiian Airlines and Alaska Airlines also offer service from the airport to Honolulu.In light of the COVID-19 pandemic, passengers flying to Hawaii were advised to review the state's travel policy, which includes pre-travel testing program, the Mandatory State of Hawaii Travel and Health Form, and temperature screening upon arrival. It can be viewed at https://hawaiicovid19.com/travel/. 1237

SAN DIEGO (CNS) - Sen. Kamala Harris questioned U.S. Customs and Border Protection Commissioner Kevin McAleenan on the economic fallout of last month's nearly six-hour closure of the San Ysidro Port of Entry during a Senate Judiciary Committee hearing Tuesday in Washington, D.C. CBP fully closed the San Ysidro Port of Entry to vehicles from 11:30 a.m. to around 5 p.m. Nov 25 after a group of asylum-seeking members of the migrant caravans in Tijuana attempted to cross the border and illegally enter the U.S. CBP agents used tear gas and pepper ball guns to quell the crowds. According to Harris' office, businesses in the city of San Ysidro lost .3 million due to the closure. Roughly 5 billion in annual gross regional product in San Diego and Imperial counties is reliant on interborder commerce. ``You can appreciate that there's a lot of concern in that part of our state from business owners, especially when the president has threatened to `permanently close the border,' that there would be real economic harm to that region,'' Harris said. According to McAleenan, the agency remains in daily contact with the San Diego Association of Governments and the San Diego Regional Chamber of Commerce regarding the closure and its economic effects. The CBP is also conducting a review of the incident, which McAleenan said happens after every use of force. ``I personally wrote into our operational plan the need to maximize legitimate trade and travel while we made sure that any caravan arrival would be managed in a safe way, so I delegated that authority to the lead field coordinator in San Diego area,'' McAleenan said. ``They actually opened it up a little bit before they felt that we had full resolution, because they thought it was a secure enough situation. And they worked very hard to catch up on the traffic backlogs.'' Harris also requested data from the CBP on how many migrants the agency has referred for prosecution for trafficking allegations. Federal officials, including Department of Homeland Security Secretary Kirstjen Nielsen, have suggested that a significant number of migrants pose as so-called ``fraudulent families'' in order to gain asylum. Federal officials have also argued that the Trump administration's family separation policy was an effort to deter such practices. ``We are tracking our criminal referrals carefully, and we can certainly cross-designate that with the folks that have been part of a fraudulent family unit, so we'll share that with the committee, as well,'' McAleenan said. 2545

SAN DIEGO (CNS) - San Diego County residents can ride to their polling places for free on Election Day, with county public transportation agencies announcing that Nov. 3 will be a "Free Ride Day."The San Diego Metropolitan Transit System and North County Transit District will honor free rides Nov. 3 on all MTS and NCTD fixed-routes services, including buses, the Trolley, SPRINTER, and COASTER.Officials say the free rides will be instrumental in helping voters this year, with fewer polling places available than in prior elections due to the COVID-19 pandemic."Free Ride Day this year has a different purpose than in past years," said County Supervisor Nathan Fletcher, who is also the MTS Board chair. "We are holding it on one of the most important days for our country -- Election Day. We want San Diego residents to have every opportunity to participate in our democracy. Free transit rides all day long will help do just that."NCTD Board Chair and Encinitas Councilmember Tony Kranz said, "North County Transit District is a proud supporter of Free Ride Day because it's critical to our agency's effort to promote transit ridership and improve air quality. However, NCTD is honored this year to provide transportation at no cost to our residents on Election Day. These rides will help bridge the gap between where people live and where they can cast their vote on Nov. 3."MTS and NTCD services will operate Election Day on a normal weekday schedule.Passengers will not need a Compass Card or valid fare for either system, but face coverings will continue to be required on board all MTS and NCTD vehicles and at transit facilities.Participants are encouraged to RSVP through the MTS Facebook page event, or online at www.sdmts.com/free-ride-day to receive event reminders about Free Ride Day, tips for taking transit, and more. Services not included during the Free Ride Day promotion are Amtrak Rail 2 Rail, MTS Access, and NCTD LIFT paratransit."Free Ride Day coinciding with Election Day elevates access for all of our San Diego voters to get to their assigned polling place," said Michael Vu, San Diego County Registrar of Voters. "We encourage voters to do their homework if they plan to vote at their polling place. Double-check the location because it may have changed, wear a face covering and mark your sample ballot in advance to quickly fill in the official ballot at the poll."For more information, visit sdvote.com. 2445

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