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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) - Ride hailing company Lyft announced a partnership with San Diego's Fashion Valley today to establish dedicated pick-up and drop-off zones at the mall.The partnership creates six official Lyft Zones that will make it easier for drivers to find riders in areas of the shopping center that are less congested, company officials said. Using the zones will also give riders access to special discounts, according to Lyft.``Transportation can be a challenge when it comes to shopping at busy malls,'' Lyft San Diego Market Manager Hao Meng said. ``The introduction of Lyft Zones at Fashion Valley Mall will offer shoppers a seamless door-to-door solution that enhances their overall ridesharing experience.''The six Lyft Zones around the mall are adjacent to Verizon Wireless, the Nordstrom eBar, So Sushi, JC Penney, the AMC Fashion Valley 18 theater and Forever 21. The company is encouraging the use of the new Lyft Zones by offering 20% off two rides to or from the shopping center through June 8 when riders use the code ``LyftFVLaunch.''``Ridesharing is in great demand, and we're excited to offer this convenience to locals and tourists who want to visit our popular shopping center,'' said Fashion Valley Marketing Director Arianne Cousin. 1267
SAN DIEGO (CNS) - The San Diego City Council voted Monday to place two ballot measures on the March 2020 ballot, including a hotel tax hike that would fund a convention center expansion, homeless services and infrastructure improvements.The tax increase proposed by San Diego Mayor Kevin Faulconer would raise the city's transient occupancy tax from 10.5% to as high as 15.75% in certain areas of the city, which supporters argue would reap an estimated billion over 42 years.The funding would allow the city to purchase a parcel of land adjacent to the convention center that is currently owned by Fifth Avenue Landing. Once it purchases the land, the city would expand the convention center by roughly 400,000 square feet, from roughly 800,000 square feet to about 1.2 million square feet.RELATED: Hotel tax increase proposed for San DiegoThe land cost is expected to be roughly million, part of an estimated allocation of .5 billion for the purchase and convention center upkeep and marketing. Roughly .8 billion of the initiative's remaining revenue would fund the city's homeless services and shelters, while 1 million would be allocated for repairs to the city's network of roads."This is a measure that is being supported by the lodging industry and is willing to tax its own customers to ... help support homelessness in our community and to help with our infrastructure," San Diego Tourism Authority COO Kerri Kapich said.Voter rights groups and several council members urged that the measure be placed on the November ballot in lieu of the March primary ballot, when turnout is expected to be lower. The council ended up voting 5-4 in favor of placing the measure on the March ballot to ensure it goes in front of voters as soon as possible.RELATED: San Diego city council approves .9 billion homelessness planThe council also unanimously voted to place a measure authored by City Councilman Scott Sherman on the March ballot that would shift the responsibility for the city auditor appointment process from the mayor's office to the council's Audit Committee. Currently, the mayor appoints a city auditor candidate to serve a 10-year term."The city auditor is vital to holding city administration accountable and ensuring taxpayer dollars are spent properly," Sherman said in a statement. "The administration shouldn't be in charge of choosing who is overseeing the administration. This ballot measure will help ensure this important position is truly independent."Under the proposed measure, the Audit Committee would recruit and choose three candidates for the city auditor position. The council would then choose one of the three candidates to serve as the city auditor for a pair of five-year terms.Since the position was established in 2009, the city has only had one official city auditor, Eduardo Luna, who served nearly all of his term before leaving for a similar position with the city of Beverley Hills in October 2018.Sherman, the Audit Committee chair, proposed the measure after Faulconer appointed DeeDee Alari, a deputy director in the city treasurer's office, to the position in July. Alari has yet to be confirmed. 3167
SAN DIEGO (CNS) - The Board of Supervisors today extended a state of emergency over a hepatitis A outbreak in San Diego County that has killed 20 people, amid a declining number of new cases.Health officials told the supervisors at a special meeting that the drop in case numbers is a sign that efforts to fight the outbreak are working.RELATED: Governor Jerry Brown declares state of emergency over Hepatitis A outbreakThey stressed the need for the county to continue vaccination, prevention and educational efforts that have been put in place since the emergency was declared in September. There were 31 confirmed cases of hepatitis A last month, compared to a peak of 94 cases in August.There have been 544 cases as of Monday in the nearly year-old outbreak, an increase of 28 cases since data was last released on Oct. 24, according to Dr. Wilma Wooten, the county's public health officer.She said some of those 28 cases include ones from as long ago as April that were newly confirmed by the U.S. Centers for Disease Control and Prevention. Due to the disease's long incubation period, there could potentially be more confirmed cases from October. Wooten said the initial decline is a good sign, but not a reason to declare victory."We could potentially have a second peak," she said. "That's why it's very important for us to continue our vaccination efforts."In San Diego, nearly two-thirds of the victims have been either homeless, users of illicit drugs or both. Much of the county's efforts have focused on those populations, but Wooten said an outbreak in Michigan that has affected men who have sex with men underscores the importance of targeting that community here.Local efforts include holding vaccination events at LGBT centers and distributing educational information to clinics that serve that community, she said. Around .5 million has been spent by the county to fight the spread of the disease, including administering over 90,000 vaccinations and spreading awareness among the public, according to county documents.Hepatitis A is usually transmitted by touching objects or eating food that someone with the virus has handled or by having sex with an infected person.The disease doesn't always cause symptoms, but for those who do, they could experience fever, fatigue, nausea, loss of appetite, yellowing of the eyes, stomach pain, vomiting, dark urine, pale stools and diarrhea, according to the HHSA.The county and city of San Diego have taken several steps to address the outbreak, including the spraying of a sanitizing formula on streets and sidewalks, the placement of portable hand-washing stations and restrooms in areas where the homeless congregate, and the stepped-up immunization campaign. 2740
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