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SAN DIEGO (CNS) - The clock is now ticking for San Diego County, as recently released COVID-19 data showed one of the two metrics the state monitors is now flagged as "widespread," which could lead to business restrictions and renewed closures if it continues for another week.San Diego County's state-calculated, unadjusted case rate is 7.9 new daily cases per 100,000 population. The testing positivity percentage is 4.5%. Should the county have a case rate higher than 7.0 next week, it could be moved into the purple tier, and more state-imposed restrictions could be implemented on recently opened businesses. Many nonessential indoor business operations could be shuttered.The county is currently in the red tier, along with Orange, San Francisco, Marin, Santa Cruz and Santa Clara counties. Most of the rest of Southern California is in the purple tier. The state system has four tiers and assesses counties weekly, with reports scheduled each Tuesday.County public health officials reported 294 new COVID-19 infections and nine new fatalities Tuesday, bringing the region's total caseload to 43,181 and total deaths to 742.Six men and three women died between Sept. 7 and Sept. 14, and their ages ranged from early 50s to mid-90s. All had underlying medical conditions.Of the 5,969 tests reported Tuesday, 5% returned positive, moving the 14-day rolling average of positive tests to 4.4%, well below the state's 8% guideline. The seven-day average number of tests performed in the county is 7,254.Of the total positive cases in the county, 3,335 -- or 7.7% -- have required hospitalization since the pandemic began, and 784 -- or 1.8% -- were admitted to an intensive care unit.County health officials reported four new community outbreaks on Tuesday. In the previous seven days, 15 community outbreaks were confirmed. Two of the new outbreaks were in restaurant/bar settings, one was in a business and one in a grocery setting.The number of community outbreaks remains above the county's goal of fewer than seven in a seven-day span. A community setting outbreak is defined as three or more COVID-19 cases originating in the same setting and impacting people of different households in the past 14 days.San Diego State University reported 23 more positive cases of the illness in its student body Tuesday, even as it is ramping up its COVID-19 testing protocols through a new random surveillance testing program which requires all students living on campus to be tested for the virus.The surveillance program will begin Wednesday, with around 500 students being tested every day through Saturday, then starting again Monday. All students living in SDSU residence halls and apartments will be assigned testing slots at either the Student Health Services Calpulli Center, or the HHSA testing location at the Parma Payne Goodall Alumni Center.Students will be notified of their assigned testing window, along with instructions on what to do, through their SDSU email address.The university has reported 676 students testing positive for the illness, the majority of whom live off campus.Off-campus students are encouraged to get tested as well. All students continue to have access to testing at Student Health Services and at both San Diego County and Imperial County locations. Faculty and staff continue to have access to county testing site locations, including the location at the Parma Payne Goodall Alumni Center.Corinne McDaniels-Davidson, director of SDSU's Institute for Public Health, reminded students to take the illness seriously."We're hearing people act like a negative test is a hall pass to do whatever you want," she said Tuesday. "It's not. A test is just a snapshot of a particular moment."She said a person could become infected on their way home from receiving a test, and that it's important to maintain constant vigilance.The university has not received any reports of faculty or staff who have tested positive, SDSU health officials said, nor have any cases been traced to classroom or research settings.A comprehensive outreach strategy to expand testing access for Latino residents and other communities hardest hit by the COVID-19 pandemic started Monday in downtown San Diego with the opening of a testing site at the Mexican Consulate at 1549 India St. 4297

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) - The average price of a gallon of self-serve regular gasoline in San Diego County dropped two-tenths of a cent today to .840.The average price is 1.3 cents more than one week ago, 20 cents higher than one month ago and 80.4 cents greater than one year ago, according to figures from the AAA and Oil Price Information Service. It has risen 71.8 cents since the start of the year."The latest California Energy Commission fuels report showed an increase in gasoline inventories and refinery production during the first week in October, which should help prices at the pump," said Jeffrey Spring, the Automobile Club of Southern California's corporate communications manager. 698

SAN DIEGO (CNS) - San Diego County will remain in the red tier for COVID-19 cases, with a state-adjusted case rate of 6.7 per 100,000 residents, the county's public health officer told the Board of Supervisors during their meeting Tuesday.California officials announced changes to the monitoring system for counties on Tuesday. County public health officials said their unadjusted case rate was above 7.0, at 7.2. However, because testing levels were above the state median testing volume, the county's adjustment level was decreased.While it's not possible to predict what the future holds for the state testing system, the county is exceeding testing numbers, Dr. Wilma Wooten said.Nick Macchione, county Health & Human Services director, said that by next moth, testing capacity is on track to increase to roughly 30,000 tests a week.Machionne said that along with facilitating the testing needs of schools, improved capacity will help the county stay above the state's testing median. The county also now has seven community-based organizations working to stop virus spread, Macchione said.The county's testing positivity percentage is 3.8%."They play a vital role of reaching our hardest-hit communities," he added. In related news, county parks are slated to reopen this week, the chief administrative officer told the board.County Chief Administrative Officer Helen Robbins-Meyer said her department received guidance Monday night, and is now working to get playgrounds open by this weekend. She added the county will also working with other cities on reopening their playgrounds as well.While the board took no new actions regarding policy, Supervisor Jim Desmond said the colored tier system is flawed, and that every business should be afforded the same opportunity to open up safely."We're not dealing with a widespread pandemic," Desmond said, adding the county's hospital cases are low."If I look to Sacramento, I wonder, 'What's the goal?'" Desmond said.He said the county should not base its economic future on a vaccine. "We need to learn to live with the virus, and win back the public's trust," Desmond added.Supervisor Dianne Jacob praised county health officials, along with residents, for their efforts to combat the spread of the virus. "Hopefully we can keep moving forward," she added.San Diego barely avoided the dreaded "purple" tier last week.The county confirmed 124 new COVID-19 cases on no new deaths Monday, increasing the region's totals to 46,734 cases, with 776 deaths.Of the 6,010 tests reported Monday, 2% returned positive, dropping the 14-day rolling average percentage of positive cases to 3.3%. The state-set target is less than 8%. The seven-day daily average of tests was 8,431.Of the total number of cases in the county, 3,502 -- or 7.5% -- have required hospitalization and 816 -- or 1.7% of all cases -- had to be admitted to an intensive care unit. A total of 249 people in the county were hospitalized with the illness Monday, with 87 of those in the ICU. The county estimates 42,111 people have recovered from COVID-19.One new community outbreak was reported Monday. From Sept. 21 to Sept. 27, 18 community outbreaks were confirmed. The number of community outbreaks remains above the trigger of seven or more in seven days.According to a report released Monday by the Chicano Federation, there are significant and systemic barriers preventing Latinos from receiving COVID-19 testing and participating in contact tracing efforts in San Diego County.However, the report, "Perceptions of Contact Tracing Among San Diego Latinos," finds that Latinos in San Diego can and will participate in testing and contact tracing if the county's testing, tracing and treatment strategy -- also known as T3 -- is available in both Spanish and English, addresses privacy and financial concerns and removes isolation barriers.Of the more than 46,000 COVID-19 cases in the county to date, Latinos account for nearly 66% and nearly half of the 776 fatalities due to the illness. The group makes up around 35% of the county's total population.San Diego State University reported three new cases of COVID-19 on Monday, bringing the total number of cases to 1,077 since Aug. 24, the first day of instruction for the fall semester. A total of 33 cases were reported at SDSU on Friday, Saturday and Sunday.These totals include 1,033 confirmed cases and 44 probable cases. None of the COVID-19 cases have been connected with instructional or research spaces since fall instruction began.Of the students living on campus, 387 have tested positive and students living off campus totaled 660 positive cases, health services officials said. A total of eight faculty or staff members have tested positive and 13 "visitors" -- people who have had exposure with an SDSU-affiliated individual -- have tested positive.The eight confirmed faculty or staff cases are from staff members associated with an auxiliary of SDSU.The information is based on cases reported to Student Health Services by an individual or by a public health official. As more private labs are administering tests, there is a possibility that not all cases are being reported to Student Health Services. 5200

SAN DIEGO (CNS) - The Department of Defense announced 0 million in awards Thursday for 5G experimentation and testing at five U.S. military test sites, including Naval Base San Diego.The DOD says the projects represent the largest full-scale 5G tests for dual-use applications in the world, with officials from the military, technology industry and academic experts collaborating to advance DOD's 5G capabilities.The San Diego portion of the testing involves a project to develop a 5G-enabled smart warehouse that improves materiel and supply handling, management, storage and distribution for the Navy's Fleet Logistics Center in San Diego and creates a proving ground for testing, refining and validating emerging 5G enabled technologies.A Naval Base Coronado warehouse operated by the Naval Supply Systems Command Fleet Logistics Center will be used to prototype a smart warehouse use case and perform at-scale experimentation.AT&T, GE Research, Vectrus Mission Solutions Corp. and Deloitte Consulting LLP will take part in designing and building the 5G test bed, network enhancements and warehouse specific applications, according to the DOD.Naval Information Warfare Center Pacific will lead the technical assessment and support the implementation and execution of the experiments, performing tests and evaluation, and ensuring the deployed 5G technology and smart warehouse applications meet the expectations of the Navy and the Office of the Under Secretary of Defense for Research and Engineering.Michael Kratsios, Acting Under Secretary of Defense for Research and Engineering, said, "The Department of Defense is at the forefront of cutting- edge 5G testing and experimentation, which will strengthen our nation's warfighting capabilities as well as U.S. economic competitiveness in this critical field."Through these test sites, the department is leveraging its unique authorities to pursue bold innovation at a scale and scope unmatched anywhere else in the world. Importantly, today's announcement demonstrates the department's commitment to exploring the vast potential applications and dual-use opportunities that can be built upon next-generation networks."Other test sites announced Thursday include Hill Air Force Base in Utah, Joint Base Lewis-McChord in Washington, Marine Corps Logistics Base in Albany, Georgia and Nellis Air Force Base in Las Vegas, Nevada. 2395