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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 public health officials have reported 381 new COVID-19 cases and three new fatalities, raising the region's total to 56,750 cases and 891 deaths.Of the 12,879 tests reported Saturday, 3% returned positive with 239 people hospitalized. No new community outbreaks were reported.A community outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days.The county avoided the state's purple tier, the most restrictive, for yet another week on Tuesday, remaining in the less restrictive "red" tier of the state's four- tiered coronavirus monitoring system.The county's adjusted case rate dropped to 6.5 new daily COVID-19 cases per 100,000 population.According to the California Department of Public Health, the county's unadjusted case rate is 7.4 per 100,000 -- enough to be in the purple tier, which has a floor of 7 per 100,000. However, the high volume of tests the county is able to perform daily allows for an adjustment from the state. This adjustment has kept the county in the red tier for several weeks, saving it from having to shut down nearly all nonessential indoor businesses.The state data, updated every Tuesday, reflects the previous week's case data to determine where counties stand in the state's four-tiered reopening system.San Diego County did show modest improvement, dropping 0.4 from last week's unadjusted case rate of 7.8. The testing positivity rate continued an upward trend, rising 0.2% from last week to reach 3.5%, but remains low enough for this metric to remain in the orange tier. If a county reports statistics meeting metrics in a higher tier for two consecutive weeks, it will move into that more restrictive tier for a minimum of three weeks.The state's health equity metric, which looks at the testing positivity for areas with the lowest healthy conditions, dropped from 5.5% to 5.1% and entered the orange tier. This metric does not move counties backward to more restrictive tiers, but is required to advance.All students at San Diego State University remain under a stay-at-home advisory. The advisory began at 6 p.m. Friday and will run through Monday at 6 a.m. University officials said the move was made to discourage students from participating in Halloween events in which physical distancing cannot be done. Students are advised to stay home unless they have an essential need.The Escondido Union School District reported two positive cases Thursday at Mission Middle School.District officials were notified of the positive tests on Tuesday, and said the cases were separate.The new cases prompted district officials to advise 25 students, five teachers and three classroom aides to begin a 14-day quarantine.The Vista Unified School District reported four COVID-19 cases Monday, including two Mission Vista High School students, one Roosevelt Middle School student and one Alamosa Park Elementary School student.On Tuesday, the district confirmed two additional cases -- one at Mission Meadows Elementary School and one at Alamosa Park Elementary School.According to the district's COVID-19 safety dashboard, it has recorded 13 cases since Sept. 8, with nine of those coming after Oct. 20.The VUSD Board voted Tuesday to shut down at least one campus for two weeks starting Thursday as a result of the rising cases. At least 400 students and nearly two dozen staff members have been ordered to quarantine.Mission Vista High School moved to distance learning for at least two weeks starting Thursday, while Alta Vista High School and Roosevelt Middle School also face potential closures. 3642

SAN DIEGO (CNS) - Sunny skies are expected Tuesday throughout San Diego County before a major storm system arrives Wednesday and drops moderate to heavy amounts of rain and snow through Friday, according to the National Weather Service. The agency has issued a flash flood warning that will be in effect from Wednesday morning through Thursday evening in coastal areas and the inland valleys Rainfall totals through Friday could reach 3 inches in the San Diego County mountains, 2 to 2.5 inches in the inland valleys, 1.5 to 2 inches in coastal areas and less than two-thirds of an inch in the deserts, NWS meteorologist Miguel Miller said. RELATED: King tides hit San Diego coast ahead of Thanksgiving stormThe bulk of the rain is expected to start falling Wednesday evening, but showers will be consistent in some areas on Thursday as well, Miller said. A winter storm warning will be in effect from 4 a.m. Wednesday to 10 p.m. Friday in the mountains above 3,000 feet. ``If you must travel, keep an extra flashlight, food and water in your vehicle in case of emergency,'' NWS officials warned. Check 10News Pinpoint Weather ConditionsSnow levels will remain above 5,000 feet through Wednesday night, then drop to about 3,500 feet by Thursday night, Miller said. Mount Laguna, Palomar Mountain and Cuyamaca Mountain could get up to 12 inches of snow at their highest peaks before the storm system makes its exit by Saturday, Miller said. Thunderstorms will also be possible Wednesday night through late Thursday night throughout the county, forecasters said. RELATED: Sheriff's Department offering free home checks over Thanksgiving as part of year-round programHigh temperatures Tuesday could reach 69 degrees near the coast and inland, 66 in the western valleys, 62 near the foothills, 54 in the mountains and 64 in the deserts. 1840

SAN DIEGO (CNS) -- San Diego County health officials this weekend reported 310 new COVID-19 cases and no additional deaths, raising the region's totals to 10,794 cases while the death toll remained at 338.The number of COVID-19 tests reported to the county Saturday was 4,413, with 7% positive new cases. The 14-day rolling average percentage of positive tests is 2.8%.As of Sunday, the number of cases requiring hospitalization was 1,619 and the number admitted to an intensive care unit was 449.The largest portion of cases, 2,152, have been found in residents age 20 to 29 years old. The second largest portion of cases, 2000, is among residents 30 to 39.Personal care businesses such as skin care and waxing salons, tattoo parlors, massage therapists and nail salons were allowed by the county to reopen Friday.Community-transmitted COVID-19 outbreaks have activated one of the county's public health triggers, placing a pause on any additional openings allowed by the state."We continue to implore the public to wear facial coverings and avoid having gatherings at your home," San Diego County Supervisor Nathan Fletcher said.After public health officials Thursday reported eight community- transmitted outbreaks in San Diego County in the past week, Fletcher said any further openings allowed by Gov. Gavin Newsom wouldn't be implemented until numbers go down.As part of the 13 public health triggers announced earlier this month, the county could take industry-specific actions, pause all reopening efforts or even dial back reopenings if enough of the metrics rise above a certain threshold. The threshold for community outbreaks -- defined as three or more lab-confirmed cases from different households -- was fewer than seven in a week's span.Two new community outbreaks were reported Friday, offsetting three outbreaks which "fell off" the county's one-week rolling monitoring period. The total number of outbreaks in a community setting is now at seven, which keeps the metric at a caution level.Fletcher did not report where exactly the new outbreaks occurred, and he said doing so would "undermine" cooperation the county was receiving from businesses and other locations to report COVID-19 outbreaks.Wooten, suggesting how long the COVID-19 pandemic could impact the region, said it may not be safe for people to have gatherings at their homes "until sometime next year," a far cry from the mid-March hopes of flattening the curve and ending the pandemic."With the reopenings, people think we can go back to the pre-COVID existence, and we cannot," she said.The county launched an interactive website early last week that allows residents to find COVID-19 testing locations near them. The website can be found at 211sandiego.org. 2752

SAN DIEGO (CNS) - San Diego County health officials have reported a record 736 new COVID-19 cases Saturday and five more deaths as nonessential businesses moved to outdoor-only when the county went from the red to the purple tier of the state's four-tiered coronavirus reopening plan.The data increases the total caseload since the start of the pandemic to 63,681, with the death toll rising to 926. This is the fourth consecutive day that more than 600 new coronavirus cases were reported by the county.On Wednesday, a record 661 COVID-19 cases were reported in the county - - surpassing the 652 cases reported Aug. 7. Another 620 cases were reported Thursday."We have not seen cases this high in months, and it's a clear indication that COVID-19 is widespread," said Dr. Wilma Wooten, the county's public health officer."These totals also show people are not following the public health recommendations that we know work to prevent getting and passing COVID-19."Wooten added that in the weeks following Halloween, this record case jump is a warning sign people "need to follow public health guidance throughout the upcoming holiday season."This comes as state data has landed the county in the most restrictive tier of the state's COVID-19 reopening plan. The restrictions associated with the purple tier went into effect just after midnight Saturday.Many nonessential businesses are now required to move to outdoor-only operations. These include restaurants, family entertainment centers, wineries, places of worship, movie theaters, museums, gyms, zoos, aquariums and cardrooms.The restrictions include closing amusement parks. Bars, breweries and distilleries will be able to remain open as long as they are able to operate outside and with food on the same ticket as alcohol.Retail businesses and shopping centers can remain open with 25% of the building's capacity. No food courts will be permitted.Schools will be able to remain open for in-person learning if they are already in session. If a district has not reopened for in-person learning, it must remain remote only. Offices are restricted to remote work.Remaining open are essential services, personal care services, barbershops, hair salons, outdoor playgrounds and recreational facilities.The county's demotion from the less-restrictive red tier is the result of two weeks of case rates that exceeded the threshold of 7 per 100,000 residents.In recent weeks, the region had an unadjusted rate well above the purple tier guidelines, but a significant effort to increase the volume of tests had allowed for an adjustment to bring it back to the red, or substantial, tier.State officials reported Tuesday that San Diego County had an unadjusted new daily coronavirus case rate of 10.0 per 100,000. The adjusted case rate dropped to 8.9 per 100,000. Last week's unadjusted case rate was 8.7 per 100,000.According to the reopening plan, a county has to report data exceeding a more restrictive tier's guidelines for two consecutive weeks before being moved to that tier. A county then has to be in that tier for a minimum of three weeks before it may move to a less restrictive tier.Even as the number of cases continues to climb, the testing positivity rate for the region continues to decline. From last week's data, it dropped to 2.6%, a 0.8% decline. It still remains high enough for this metric to remain in the orange tier.The state's health equity metric, which looks at the testing positivity for areas with the least healthy conditions, increased from 5.3% to 6.5% and remained in the red tier. This metric does not move counties backward to more restrictive tiers, but is required to advance.Of the 14,663 tests reported Friday, 4% returned positive, increasing the 14-day rolling average of positive tests to 3.8%.Of the total number of cases in the county, 4,154 -- or 6.6% -- have required hospitalization and 947 patients -- or 1.5% of all cases -- had to be admitted to an intensive care unit.Four community outbreaks were reported Friday. The number of community outbreaks in the past week increased to 48.The county launched a COVID-19 case rate map Thursday showing how cities and communities are being impacted by the novel coronavirus. The interactive map allows users to identify the case rate per 100,000 residents in cities and communities or by ZIP codes.The map also shows where each area falls under the different state tiers and whether their case rate and testing positivity are going up or down. The map can be found at: sdcounty.maps.arcgis.com/apps/opsdashboard/index.html#/e09887e8e65d4fda847aa04c 480dc73f. 4608