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SAN DIEGO (CNS) - In a ruling stemming from a lawsuit brought the city attorneys of San Diego and two other cities and the state, a federal judge today granted a preliminary injunction against ride-hailing companies Uber and Lyft, requiring them to classify their drivers as employees rather than independent contractors in accordance with a new state law.San Francisco-based Judge Ethan P. Schulman ruled in favor of California Attorney General Xavier Becerra, and the city attorneys of San Diego, Los Angeles and San Francisco in their lawsuit alleging Uber and Lyft have misclassified their drivers, preventing them from receiving ``the compensation and benefits they have earned through the dignity of their labor.''The suit alleges the companies are violating Assembly Bill 5, which went into effect Jan. 1 and seeks to ensure ``gig workers'' misclassified as independent contractors are afforded certain labor protections, such as the right to minimum wage, sick leave, unemployment insurance and workers' compensation benefits.Both companies issued statements indicating they would appeal the ruling, which is scheduled to go into effect in 10 days.Schulman wrote in his ruling that ``both the Legislature and our Supreme Court have found that the misclassification of workers as `independent contractors' deprives them of the panoply of basic rights and protections to which employees are entitled under California law, including minimum wage, workers' compensation, unemployment insurance, paid sick leave and paid family leave.''The judge said that under the ``ABC test'' used to determine whether a worker is an employee or an independent contractor, the companies would not be able to argue their drivers are independent contractors as they perform work that is within the company's usual course of business.Schulman recognized that the injunction could have major impacts for the companies, as well as some drivers who prefer to remain independent, and wrote that ``if the injunction the People seek will have far-reaching effects, they have only been exacerbated by Defendants' prolonged and brazen refusal to comply with California law.''The campaign for Proposition 22, a proposed ballot initiative sponsored by Uber and Lyft that would allow rideshare drivers to work as independent contractors, decried the ruling.``We need to pass Prop 22 more than ever,'' said Jan Krueger, a retiree who drives with Lyft in Sacramento. ``Sacramento politicians and special interests keep pushing these disastrous laws and lawsuits that would take away the ability of app-based drivers to choose when and how they work, even though by a 4:1 margin drivers want and need to work independently.We'll take our case to the voters to protect the ability of app-based drivers to work as independent contractors, while providing historic new benefits like an earnings guarantee, health benefits and more.''San Diego City Attorney Mara W. Elliott called the ruling ``a milestone in protecting workers and their families from exploitation by Uber and Lyft, I'm proud to be in this fight to hold greedy billion-dollar corporations accountable, especially when a pandemic makes their withholding of health care and unemployment benefits all the more burdensome on taxpayers.''AB 5's author, Assemblywoman Lorena Gonzalez, D-San Diego, said, ``Uber and Lyft have been fighting tooth and nail for years to cheat their drivers out of the basic workplace protections and benefits they have been legally entitled to. They have enriched their executives and their bottom line, while leaving taxpayers on the hook to subsidize the wages and benefits of their drivers.``Today, the court sided with the People of California. I'm thankful to our Attorney General and city attorneys for demanding justice for the hundreds of thousands of rideshare drivers in California.'' 3862
SAN DIEGO (CNS) - A suspect was arrested Monday morning after climbing onto the roof of a La Jolla home, where he remained for just over an hour before surrendering to SDPD officers.Dispatchers received a call around 4:45 a.m. from a woman who reported hearing a person on the roof of her home in the 1500 block of Coast Walk, off Torrey Pines Road just east of Prospect Place, San Diego police Officer Tony Martinez said.Officers responded to the home and the woman pointed them to where she had seen the suspect, Martinez said.Police entered the home to make sure the suspect hadn't made it inside, then they spotted him on the roof and ordered him to surrender, the officer said.The suspect surrendered and was taken into custody around 6:10 a.m., Martinez said. No details about the suspect were immediately available. 830

SAN DIEGO (CNS) - A San Diego Padres player has tested positive for coronavirus as the team begins their Summer Camp workout at Petco Park.A.J. Preller announced at a news conference Friday that one player, Tommy Pham, tested positive for coronavirus. According to Preller, Pham is asymptomatic and is currently in isolation. Preller added that the team has followed contract tracing and MLB guidelines for the case. The Padres joined the rest of Major League Baseball in choosing to hold Summer Camp at their home stadiums.Teams' players, other on-field personnel, medical personnel and other essential employees, including front-office officials, were required to complete the intake screening procedures, which included a temperature check with contactless thermometer administered by a representative of the club's medical staff; a body fluid sample (saliva or oral/nasal swab) for diagnostic/PCR testing and a venous blood collection or dried blood spot sample for serology/antibody testing.Both the body fluid sample and venous blood collection or dried blood spot sample for serology/antibody testing were collected by a representative of Comprehensive Drug Testing, which conducts collections for MLB's Joint Drug Prevention and Treatment Program and other MLB drug programs.Players and other staff who are in Tiers 1 or 2 will be tested for the coronavirus every other day. Players will receive temperature and symptom checks twice per day. Antibody testing will be conducted once per month.A covered individual who tests positive for the coronavirus will not be allowed to travel (except as authorized by club medical staff and the Joint Committee), access any team facility, or have direct contact with any other covered individual or other club staff (other than medical staff) unless and until each of the following occurs:-- the individual tests negative on two separate confirmatory tests performed by the Sports Medicine Research and Testing Laboratory taken at least 24 hours apart-- the individual has been not feverish for at least 72 hours without the use of any fever suppressant, and any respiratory symptoms have improved, as confirmed and documented by his or her treating physician or club medical staff-- the individual completes at least one antibody test following the positive diagnosis-- at the discretion of the team physician, a cardiac evaluation is conducted in accordance with published standards-- the individual's team physician, any treating physician caring for the covered individual, and the Joint Committee all conclude that the individual no longer presents a risk of infection to others and is healthy enough to return to his or her usual professional responsibilities, in accordance with guidance from the Centers for Disease Control and Prevention-- any local regulations or requirements are satisfiedModifications for the 2020 season intended to reduce the spread of the coronavirus include prohibiting spitting at all times in team facilities.The 2020 Major League Baseball season -- shortened to 60 games instead of the usual 162 -- is scheduled to begin on July 23, and end on Sept. 27. The postseason is scheduled to begin on Sept. 29.The Padres will play their games against teams in the National League West and American League West.With all games expected to be played without fans in attendance, the Padres are considering hosting drive-in viewing parties in the Lexus Premier lot just outside of the stadium. 3472
SAN DIEGO (CNS) - A new indictment unsealed Thursday against the owner/operators of San Diego-based pornographic website GirlsDoPorn.com alleges that co-owner Michael James Pratt -- who remains on the lam on federal sex trafficking charges -- also produced pornographic content involving a 16-year- old girl. Pratt was charged in a complaint last month along with three others with sex trafficking by force, fraud and coercion for allegedly filming victims under the guise of distributing the videos only to private clients, then disseminating the videos online without the victims' knowledge or consent. The new indictment adds two additional defendants and charges of production of child pornography and sex trafficking of a minor against Pratt alone, with the incidents allegedly occurring in September 2012. RELATED: San Diego porn case: Civil trial against GirlsDoPorn.com website operators beginsThe indictment also names website co-owner Matthew Isaac Wolfe; porn actor Ruben Andre Garcia; administrative assistant Valorie Moser; Amberlyn Dee Nored, allegedly one of the reference women accused of lying to victims about the nature of the work; and a sixth defendant whose name is redacted. According to the U.S. Attorney's Office, numerous young women who initially responded to ads for modeling jobs were allegedly deceived by the defendants to appear in adult films. Once the victims learned the work involved pornography, the defendants allegedly told them the videos would be distributed to private clients -- usually living overseas -- and not disseminated on the internet. To help convince the women to participate, reference women like Nored were allegedly hired to lie to the women and claim they had also filmed pornographic videos for the defendants, which were never posted on the internet. RELATED: San Diego porn site owners, employees charged with sex traffickingProsecutors allege the women were ``pressured into signing documents without reviewing them and then threatened with legal action or outing if they failed to perform.'' Others were not allowed to leave the shoots -- which were conducted at various San Diego hotels -- until the videos were completed, which sometimes involved sex acts the victims initially declined to perform, prosecutors allege. The defendants are also currently involved in a San Diego civil trial involving a lawsuit filed by 22 women who appeared in videos on the site. The allegations in that trial -- which began in mid-August -- mirror the new federal charges. In that case, the victims are seeking more than million in damages and ownership rights to the videos they appeared in. RELATED: San Diego, Mexico officials lead effort to end human traffickingA motions hearing in the federal case is scheduled for Dec. 13. 2789
SAN DIEGO (CNS) -- A prominent local civil rights leader called on the San Diego County Sheriff's Department Monday to fire a deputy who allegedly shared a "lewd and racist and vile" altered photograph of George Floyd taken from the viral video of the Minnesota man's death in police custody.The doctored image showed a nude male "porn star" kneeling on Floyd in place of Minneapolis police Officer Derek Chauvin, who kept his knee on Floyd's neck for nearly nine minutes as the detainee repeatedly protested that he could not breathe, according to NAACP San Diego Branch President Francine Maxwell. Floyd died on Memorial Day.The words "quit resisting" also were added to the picture, Maxwell asserted in a prepared statement.RELATED: Sheriff's employee removed after reportedly sharing vulgar image"The image was lewd and racist and vile and should disturb anyone with a shred of human decency," Maxwell said. "It is simply unacceptable (behavior for) a law enforcement officer."The deputy, whose name has not been confirmed by the Sheriff's Department, allegedly shared the photo via email, according to Maxwell. On June 18, he was suspended pending the completion of an internal investigation into the matter, said Lt. Ricardo Lopez, media relations director for the regional law enforcement agency."We were so disgusted that an employee may have shared such a vulgar image that within minutes we began to take action," Lopez stated. "Hours after being made aware of this incident, the employee was removed from his official duties and had his peace officer authority removed."In calling for the deputy's ouster, Maxwell also cited his shootings of suspects in 2005 and 2006, describing them as excessive and unjustifiable uses of lethal force. She said the lawman "must go" because "this is far from the first time he has shown himself to be an overtly racist and deplorable human being" and because "this (doctored-photo) incident shows he has clearly not changed his evil, racist and hate-filled ways and (that) he is a danger to all residents of the county."The sheriff's spokesman said the department's leaders "understand the public concern" over the episode and "want to bring the matter to a just conclusion as soon as possible." Lopez said."The Sheriff's Department does not tolerate any ... actions by its employees that are a detriment to our core values," Lopez asserted in a statement issued Monday. 2424
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