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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) - San Diego County residents can ride to their polling places for free on Election Day, with county public transportation agencies announcing that Nov. 3 will be a "Free Ride Day."The San Diego Metropolitan Transit System and North County Transit District will honor free rides Nov. 3 on all MTS and NCTD fixed-routes services, including buses, the Trolley, SPRINTER, and COASTER.Officials say the free rides will be instrumental in helping voters this year, with fewer polling places available than in prior elections due to the COVID-19 pandemic."Free Ride Day this year has a different purpose than in past years," said County Supervisor Nathan Fletcher, who is also the MTS Board chair. "We are holding it on one of the most important days for our country -- Election Day. We want San Diego residents to have every opportunity to participate in our democracy. Free transit rides all day long will help do just that."NCTD Board Chair and Encinitas Councilmember Tony Kranz said, "North County Transit District is a proud supporter of Free Ride Day because it's critical to our agency's effort to promote transit ridership and improve air quality. However, NCTD is honored this year to provide transportation at no cost to our residents on Election Day. These rides will help bridge the gap between where people live and where they can cast their vote on Nov. 3."MTS and NTCD services will operate Election Day on a normal weekday schedule.Passengers will not need a Compass Card or valid fare for either system, but face coverings will continue to be required on board all MTS and NCTD vehicles and at transit facilities.Participants are encouraged to RSVP through the MTS Facebook page event, or online at www.sdmts.com/free-ride-day to receive event reminders about Free Ride Day, tips for taking transit, and more. Services not included during the Free Ride Day promotion are Amtrak Rail 2 Rail, MTS Access, and NCTD LIFT paratransit."Free Ride Day coinciding with Election Day elevates access for all of our San Diego voters to get to their assigned polling place," said Michael Vu, San Diego County Registrar of Voters. "We encourage voters to do their homework if they plan to vote at their polling place. Double-check the location because it may have changed, wear a face covering and mark your sample ballot in advance to quickly fill in the official ballot at the poll."For more information, visit sdvote.com. 2445

SAN DIEGO (CNS) - San Diego City Attorney Mara Elliott was celebrating a reelection victory Wednesday, following a dominant performance over private attorney Cory Briggs."When I was elected four years ago, I pledged to put the people of San Diego first, and that's just what we've done," Elliott said in a statement Tuesday night claiming victory in the race."With the help of our terrific team in the City Attorney's office, San Diego is a leader in reducing gun violence, helping domestic violence victims, and holding corporate polluters accountable. We moved quickly to protect public health during the pandemic and we've made it a priority to safeguard taxpayer dollars. I'm humbled and grateful that the people of San Diego have placed their trust in me to fight for them for another term."Elliott has been city attorney since 2016, and since then has taken an uncharacteristically proactive approach to the role, sometimes ruffling feathers, such as with the Smart Streetlights program. In August, members of the San Diego City Council boycotted a meeting with Elliott over restrictions on sensitive documents.Briggs has sued the city dozens of times, ostensibly to increase transparency at City Hall. He said during the campaign he wanted to remove petty politics from the office."As someone who has spent nearly two decades fighting special interests at City Hall, I believe now's the time to bring my training, experience and taxpayers-first approach to the City Attorney's Office," he said.Elliott pointed to Briggs' many lawsuits as reasons she is more fit for the office.The pair have faced off in court during the election cycle. Elliot sued Briggs for identifying himself as a taxpayers' advocate, while Briggs sued Elliot for claiming an endorsement from the San Diego Union-Tribune after it expired. Briggs prevailed in both cases.The city attorney serves as the city's prosecutor and legal adviser.Meanwhile, San Diego voters weighed in on a trio of ballot measures:-- Voters rejected Measure A, a housing bond that would have allowed the city to issue up to 0 million in bonds to fund low-income, substance abuse, and mental health service housing. It required two-thirds of the vote to pass, but initial tallies showed it with only 57%.-- Voters approved Measure B, which amends the city's charter to replace the Community Review Board on Police Practices with the Commission on Police Practices, which will be appointed by the City Council to conduct investigations and subpoena witnesses and documents related to deaths resulting from police interactions and complaints made against police officers.-- Voters also approved Measure E, providing an exception to the city's long-standing 30-foot height limit in the Coastal Zone for the Midway- Pacific Highway Community Plan. The plan includes the Sports Arena. 2842

SAN DIEGO (CNS) - San Diego County Vector Control officials reminded residents today to protect themselves against wild rodents after three deer mice were found carrying the potentially deadly hantavirus.Vector Control officials collected the mice in Boulevard during a regular monitoring exercise. Hantavirus occurrences in wild rodents are not uncommon in undeveloped areas of the county, but residents can avoid potentially infected rodents by keeping them out of areas like sheds, garages and homes.Vector Control officials also found five hantavirus-carrying mice in Bonsall, 4S Ranch and Potrero in January.There is no cure or vaccine for hantavirus. According to the Centers for Disease Control and Prevention, symptoms of infection can include fever, aches in the large muscle groups, dizziness, digestive issues and abdominal pain. Hantavirus infection is generally unlikely, though, because rodents tend to avoid humans and developed spaces.Residents are advised to use ``wet cleaning'' methods like a bleach solution spray or a sponge and a mop if they find rodent droppings or nests.Sweeping or vacuuming nests and droppings can send the virus into the air, raising the chance of infection. Vector Control officials also advise residents to double-bag and seal rodent debris before throwing it away.Residents can avoid hantavirus exposure by sealing holes that are larger than a dime in homes and adjacent spaces and quickly eliminating rodent debris and infestations. Residents can call the county's Department ofEnvironmental Health at (858) 694-2888 for more information about avoiding hantavirus infection. 1630

SAN DIEGO (CNS) - Sheriff's deputies in East County arrested 36 people today in a warrant sweep, clearing 44 misdemeanor warrants and two felony warrants.The sweep included the cities and unincorporated areas of Lemon Grove, Spring Valley, Jamul, El Cajon, La Mesa and Rancho San Diego.The Sheriff's Department's Court Services Bureau-Field Division conducted the search and arrest of people with outstanding warrants regardless of the charge or bail amount.The department encouraged people who have outstanding warrants to turn themselves in between 8 a.m. and 5 p.m. Monday through Friday at any sheriff's court facilities. 633