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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) - Playgrounds in San Diego County can reopen to the public Wednesday, despite initially being closed under COVID-19 restrictions, after state health officials reversed course.Assemblywoman Lorena Gonzalez, D-San Diego, led a group of a dozen legislators who sent a letter to Gov. Gavin Newsom last week urging him to remove playgrounds from the stay-at-home order. They claimed opening playgrounds "is necessary for the mental and physical health of children to have opportunities to expend their physical energy and play." They also noted that in some low-income neighborhoods, "families may have little to no outdoor space of their own available."Newsom and the California Department of Public Health revised statewide public health guidelines on Wednesday to allow for public playgrounds to remain open."Every parent knows how important playgrounds are for our youngest Californians," Gonzalez said. "A huge thank you to Governor Newsom for hearing our collective concern and rethinking how we can open play structures for our kids."Playgrounds were closed earlier in the pandemic before being reopened in September. Then, with a spike in case rates and the state's issuance of a regional stay-at-home order, which took effect late Sunday night across all of Southern California, playgrounds closed again.Pressure from parents and legislators have now caused the state to reopen the playgrounds.According to the state's website, "playgrounds may remain open to facilitate physically distanced personal health and wellness through outdoor exercise. Playgrounds located on schools that remain open for in-person instruction, and not accessible by the general public, may remain open and must follow guidance for schools and school-based programs."San Diego County Supervisor Jim Desmond made a motion at the Board of Supervisors meeting Tuesday to defy the state order and not enforce the playground closure. It was rejected 3-2.Supervisor Nathan Fletcher said his conversation with state officials proved productive, and gave credit to Gonzales -- his wife -- for her work."Kids in San Diego County can now enjoy local playgrounds. This is something that can be done safely and make the lives of families easier," Fletcher said. "My conversations with California Governor Gavin Newsom and Secretary Dr. Mark Ghaly worked, and I appreciate their partnership on this adjustment.""Thank you to everyone who worked cooperatively with the state, to bring about this adjustment, our collective efforts made a difference, special shout out to my wife, supermom, Assemblywoman Lorena Gonzalez," he said. 2621

SAN DIEGO (CNS) - The San Diego Animal Welfare Coalition today will join a nationwide effort to ``Clear the Shelters'' today for the duration of August.The campaign to get as many pets adopted as possible is a little different this year. The Clear the Shelters event, instead of being a single- day effort, will be a month-long adoption drive to allow for virtual adoption consultations by appointment. In addition to promoting adoptions, the campaign encourages donations to participating shelters.``San Diego Humane Society is excited to be working to ``Clear the Shelters,'''' says Gary Weitzman, president and CEO of San Diego Humane Society. ``This important nationwide campaign will give tens of thousands of animals throughout San Diego County a second chance.''Since 2015, the Clear the Shelters campaign has helped more than 410,000 pets find new homes nationwide.``The County of San Diego's Department of Animal Services shelters in Bonita and Carlsbad have many wonderful animals waiting to be adopted into loving homes,'' said Kelly Campbell, director of animal services for the county. ``While the pandemic has certainly created challenges for us all, now may be the perfect time to add a new pet to the family, especially if you find yourself spending more time at home.''The San Diego Humane Society said benefits of adopting a pet include being more affordable, knowing the animal has been assessed for behavior and medical conditions and allowing prospective owners to receive pet-specific resources. The society offers training advice, pet supplies and educational information to support pet families for the lifespan of a pet. ``During the pandemic, we have learned how to embrace change, and that change could include an adoptable pet,'' said Judi Sanzo, president of Rancho Coastal Humane Society. ``Shelters around the country want to remind you that your new best friend could be waiting, tail wagging and ready to join you while you work from home. While Rancho Coastal continues to match pets with their new families, it's important to remember that the virus may be temporary, but pets are a lifetime commitment.'' 2148

SAN DIEGO (CNS) - San Diego County's unadjusted unemployment rate rose to 3.3% in June, the first increase in the rate since March, according to data released Friday by the California Economic Development Department.The county's unemployment rate rose from an adjusted 2.7% in May to 3.3% in June. The unemployment rate had steadily declined for much of the year's first half, save for a one-tenth increase from 3.5% in February to 3.6% in March.3.3% in June. Despite the unemployment rate increase, the county's total nonfarm employment increased by 7,100 jobs, from 1,510,200 in May to 1,517,300 in June. Month-over-month farm employment stayed steady at 9,000. Multiple industriesshowed month-over-month job gains in the thousands, according to EDD data.The leisure and hospitality industry added 3,400 jobs from May to June, the most of any industry in the county. Much of that increase, per the EDD, was due to businesses like casinos and hotels bulking up their staffs for the summer. The construction, government and manufacturing industries also showed month-over-month gains of more than 1,000 jobs.Despite the month-over-month increase, the county's unemployment rate remains below last year's June rate of 3.6%. Nonfarm industries added 25,700 jobs from June 2018 to last month while farm employment dipped year-over-year from 9,700 to 9,000.The professional and business services and educational and health services industries added 8,000 and 7,400 jobs, respectively, far and away the most in the county year-over-year. Construction, manufacturing, leisure and hospitality and government jobs each increased by 2,400 jobs or more as well. The San Diego Regional Chamber of Commerce suggested the data underscore the strength of the county's technology sector."The economy continues to get stronger in large part because of San Diego's continued recognition as a technology hub,'' said Sean Karafin, the chamber's vice president of policy and economic research. ``The regional leadership in tech supports other industries such as healthcare, which continues to lead the country in using advanced technologies to improve service.''The trade, transportation and utilities, information and financial industries lost a combined 4,200 jobs year-over-year, the only industries to show negative growth. The trade, transportation and utilities industry lost the most, according to the EDD, dropping 2,800 jobs from June 2018 to last month. Statewide unemployment remained at 4.2 percent in June, unchanged from the state's rate in April and May 2019 as well as May and June 2018. Nationwide, unemployment rose to 3.7% in June, up from 3.6% in May and April and down from 4% in June 2018. 2699

SAN DIEGO (CNS) - The ride-hailing company Lyft announced an expansion Wednesday of its pilot program at Camp Pendleton that streamlines access to the U.S. Marine Corps base for military members, their families and civilians who work at the military installation.Lyft launched the pilot program in collaboration with Marine Corps Community Services last year to make it easier for people living on the base to book a ride with a company like Lyft or Uber, which previously required security clearance to enter the base. The ``Base Mode'' feature is now integrated into the app, automatically matching base residents with eligible drivers.In addition, a new state law allows active-duty military members and their families to drive for companies like Uber or Lyft in California with a valid driver's license from any U.S. state. According to the company, military veterans make up roughly 13% of Lyft drivers in San Diego County and more than 1,000 drivers throughout the county have access to the base.``It can be costly or prohibited for military personnel to bring cars from their home state, so they rely heavily on services like Lyft to get around,'' said Lyft driver Victor Gonzalez, a member of Lyft San Diego's Driver Advisory Council.As part of the expansion, the company said it will also share revenue generated by the pilot project with the MCCS, which will use the funds to support Marine Corps recreation programs.``Marine Corps Community Services and Lyft continue to facilitate efficient and economical transportation options for the residents of Marine Corps base Camp Pendleton with this pilot program,'' Camp Pendleton spokesman Capt. Luke Weaver said. ``The last six months have seen an increase in passenger usage as the program grows.''Roughly 70,000 people travel on, off and around the base each day, according to the Marine Corps. 1862