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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) - The San Diego County Board of Supervisors today unanimously approved spending million in federal pandemic-related funding to help child care providers, testing in schools and meals for senior citizens.The board directed million to child care providers, who have been struggling to stay afloat since March, in the form of grants.The county will also spend .8 million on senior food programs -- including an expanded Great Plates program that involves prepared meals delivered to the elderly -- while also supporting participating restaurants.The board voted to spend million to support the county Department of Public Health's testing, tracing and treatment strategy dedicated for kindergarten through 12th-grade schools.Last month, the board directed the county's chief administrative officer to make recommendations on how to spend the money.To implement the child care grants, CAO Helen Robbins-Meyer will negotiate agreements with The San Diego Foundation, the YMCA of San Diego County and Child Development Associates, Inc.Supervisor Jim Desmond said while he has been critical of Great Plates program, based on the costs per meal, he understands it helps restaurants while also helping shut-in seniors who may not have any social interaction otherwise.Desmond added that if there's money left over from the program or school testing, it should go towards area food banks.In related actions following an update on county COVID-19 prevention efforts, the board approved Desmond's motion for a waiver to the school- closures mandate.The board also approved a separate motion allowing county enforcement of businesses -- in terms of complying with reopening requirements -- based on Phase 2 mandates. 1741

SAN DIEGO (CNS) - The onetime head of a South Bay parent-teacher association was sentenced today to three years probation for embezzling around ,000 from the organization.Kaitlyn Faith Birchman, the former president of the Imperial Beach Charter School PTA, pleaded guilty in February to a felony forgery count. Had she gone to trial and been convicted of forgery and grand theft, she would have faced a potential three-year, eight-month prison sentence, according to the prosecution.Per the terms of her probation, Birchman will have to complete 15 public work service days and make ,000 in restitution to the PTA. If she pays the ,000, her forgery conviction will be reduced to a misdemeanor, according to prosecutors.Birchman, 30, was taken into custody in early January at her Temecula home on an arrest warrant issued in November. She cooperated with investigators, according to Sgt. Karl Miller, who said the thefts occurred over a roughly year-long period. At the time, Birchman's children were attending the charter school, he said. 1057

SAN DIEGO (CNS) - Parks in Vista will be closed starting Monday in an attempt to limit the spread of coronavirus by encouraging social distancing.The North County city announced the decision on Sunday and had 10 confirmed cases of COVID-19 as of Saturday.The closures include all parks, trails, public restrooms, the South Buena Vista off-leash dog area, athletic fields, basketball courts, pickleball courts, playgrounds, skate parks and tennis courts.Carlsbad, Del Mar, Encinitas, San Diego, Solana Beach, Imperial Beach and the Port of San Diego closed all beaches, trails and parks in their respective cities early last week.San Diego County health officials reported Sunday that five food handlers have tested positive for COVID-19 -- four restaurant employees and a grocery store employee.County Supervisor Nathan Fletcher announced during Sunday's briefing on the coronavirus pandemic that no patients had died in the last 24 hours, leaving the death toll in San Diego County at seven.The county also announced 31 positive COVID-19 cases Sunday, bringing the total number of cases to 519.The highest group of cases, 130, ranged in age from 30-39 and the second highest, 107, in the 20-29 age range.Of the 519 total cases, 219 were female and 298 were male, with 106 people hospitalized and 47 in intensive care, officials said.The grocery store employee who tested positive is from an Albertson's store in Escondido, Fletcher said, adding that the store did the right thing by closing, alerting county environmental health officials, following sanitation protocols, then re-opening to customers."If you have a sick worker, they must stay home," Fletcher said, urging employers to call 858-505-6814 to report any sick workers.Dr. Eric McDonald, the county's medical director of epidemiology, said co-workers of the Albertson's employee who display any symptoms of the coronavirus infection will be sent home, but there are no tests pending in this case.Health officials also stressed that there is no evidence of COVID-19 association with food. They cited the U.S. Centers for Disease Control and Prevention guidelines.Fletcher said that the county is increasing inspections of the many food facilities in the region.Ralphs grocery stores in the county will expand services hours starting Monday. It will be open from 6 a.m. to 7:30 a.m. for senior shoppers age 60 and above, and from 7:30 a.m. to 10 p.m. for the general public.Meanwhile, a Celebrity cruise ship will dock in San Diego Monday."The health of the ship is excellent right now," McDonald said Sunday. County health officials are in continuous contact with the ship's crew for any sign of symptoms, he said.McDonald said 17 cruise passengers are from San Diego County and they will go straight home after disembarking from the ship and will self-quarantine for 14 days. About 1,500 other passengers are from outside the county and they will travel home and self-quarantine after disembarking.Fletcher said a positive meeting was held recently with all hospital CEOs in San Diego where they discussed obtaining more personal protective equipment, the sharing of testing equipment among hospitals and increasing hospital bed capacity.McDonald explained that the number of test results reported may decrease because the labs send those reports to the county electronically and the system is down on the weekends."So, we expect the test result numbers to go down," McDonald said.The doctor also said the risk of contracting the coronavirus disease can increase from vaping and smoking."Any lung disease or condition would put you at risk," McDonald said. "We don't have specific cases so far, but our strong recommendation is to use this opportunity to quit."Fletcher also said the county is issuing a new public health order, extending indefinitely all closure orders that were set to expire March 31.The closure order applies to schools, nonessential businesses, restaurants, gyms and fitness centers, he said, and anyone 65 or older should continue to quarantine themselves at home. 4058

SAN DIEGO (CNS) - Police Saturday were asking for the public's help in locating an elderly woman who went missing from her son's Mira Mesa home.Martha Carrington, 83, was seen leaving her son's apartment in Casa Mira View, east of Westview Parkway and north of Mira Mesa Boulevard, between 10:30 p.m. Friday and 2 a.m. Saturday, San Diego police said.Carrington suffers from schizophrenia, high blood pressure and the early stages of Alzheimer's disease, officers said.Her family doesn't believe she took any money with her, and she has no cell phone.Carrington was described as black and about 5-feet-8-inches tall. She was last seen in blue pajamas, but it's possible she changed clothes before leaving, police said.Officers asked anyone with information on the incident to call the San Diego Police Department at (619) 531-2000. 839

来源：资阳报