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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) - 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) - The San Diego County Health and Human Services Agency announced Tuesday that it will make its inclement weather shelter program available to homeless residents in the county's unincorporated areas. The agency's Housing and Community Development Services division activates the shelter when rain is expected for at least two days, reaches two inches in a 24-hour period or when a storm includes a threat of flash flooding. County officials monitor seven unincorporated zones to determine when to activate the shelter program. Homeless residents can contact 211 San Diego between noon and 7 p.m. to be connected to a shelter provider. In some cases, residents are eligible to receive assistance with transportation to an inclement weather shelter. Check 10News Pinpoint Weather storm conditions``By calling 211 people will be directed to the correct program and place,'' Housing and Community Development Services Director David Estrella said. ``We instituted the program because we know that when people are exposed to inclement weather, they are more likely to experience health issues that could be life-threatening.'' 1145

SAN DIEGO (CNS) - San Diego County public health officials have reported 3,132 new COVID-19 infections -- the 27th consecutive day with more than 1,000 cases.On Sunday, there were no new virus-related deaths reported.Sunday was the 19th day with more than 2,000 new cases.Another 50 people also were hospitalized, according to Sunday's data, and another seven patients were sent to intensive care units.The county's cumulative cases increased to 145,779 and the death toll remained at 1,402.Ten new community outbreaks were confirmed on Saturday. There have been 60 confirmed outbreaks in the last seven days and 250 cases associated with those outbreaks.A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days.A complete list of county COVID-19 testing sites, how to make appointments and hours can be found at www.sandiegocounty.gov/content/sdc/hhsa/programs/phs/community_epidemiology/dc/ 2019-nCoV/testing/testing-schedule.html.Though county officials advised residents to avoid holiday gatherings, anyone who participated in a gathering was urged to get tested, as well as people who recently returned from travel, people with any symptoms and people at higher risk for COVID-19, whether or not they display symptoms.In advising against holiday gatherings, San Diego County Supervisors Nathan Fletcher and Greg Cox pointed to a massive uptick in cases after Thanksgiving -- including the region's highest daily total coming three weeks after the holiday with 3,611 cases reported last Friday."We cannot ignore the reality that we are in a bad place right now," Cox said. "We're making a special plea to avoid large gatherings with those outside your immediate family. This one time, this one year."If people have already traveled, they should be extra cautious about spreading the virus, Cox said.According to Dr. Wilma Wooten, the county's public health officer, 44.1% of the county's cumulative cases have been reported after Thanksgiving. San Diego County is on pace to report another 600 deaths due to the virus before the end of January, she said."We don't want to see what happened after Thanksgiving happen again," Wooten said. "We must continue to stay apart to get the spread of the virus under control. If we don't, cases, hospitalizations and deaths will continue to soar."The 11-county Southern California region is still reporting zero available ICU beds. Current stay-at-home orders took effect at 11:59 Dec. 6, and were originally set to end on Monday. 2569

SAN DIEGO (CNS) - The San Diego County Board of Supervisors voted unanimously Tuesday to extend an agreement with Southern California Edison to receive emergency planning funds from the utility as it removes spent nuclear fuel from the decommissioned San Onofre Nuclear Generation Station.The county's Office of Emergency Services entered a similar memorandum of understanding with SCE in 2015, through which the company provided radiological emergency planning funds to five jurisdictions around the plant, including San Diego County, through the end of Fiscal Year 2019-20.A county staff report estimates SCE will pay the county 6,500 in the remainder of the agreement.The remainder of the spent fuel is planned to be moved from spent fuel pools to dry cask storage by the end of this summer, but the memorandum approved by the board runs through the end of Fiscal Year 2049 or whenever all spent fuel is removed from the site -- whichever comes first.The federal Nuclear Regulatory Commission and the State of California do not require decommissioned nuclear power plants to reimburse local jurisdictions for emergency planning, but SCE has agreed to continue paying jurisdictions surrounding the plant, for planning and preparation for radiological emergencies.San Onofre hasn't produced power since a steam leak in 2012, and SCE closed the plant the following year and began decommissioning activities.When the California Coastal Commission voted 9-0 last October to allow SCE to begin dismantling the plant, the canisters were being moved from a "wet storage" facility to a newly constructed "dry storage" facility on the site. San Onofre is located on 85 acres of the Camp Pendleton Marine Corps base and is home to 3.55 million pounds of spent nuclear fuel, the San Diego Union Tribune reported last year.The nuclear waste is being stored in self-cooling canisters which take in cool air and expel hot air. 1925