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SAN DIEGO (KGTV) -- California’s new gig economy law was meant to help rideshare drivers and other freelance workers get better benefits, but some critics say it’s threatening the spirit of Christmas itself.Those critics are mall Santas, who have traditionally been hired as independent contractors through third-party bookers or employment agencies.Under Assembly Bill 5, authored by Assemblywoman Lorena Gonzalez (D-San Diego), those workers must be reclassified as employees with insurance and other benefits.“Lorena Gonzalez, she might kill all the Santas. She might kill the Easter Bunnies,” said Steve Schafer, the president of the San Diego chapter of the Fraternal Order of Real Bearded Santas.Some Santas warn that bookers may go to great lengths to avoid paying employee benefits. “I don't know how someone can justify this,” said Jerry Tamburino, a Santa who has worked for more than a decade at a large commercial store.Tamburino said his agent notified him Tuesday that she would replace him and other Santas at a chain of California retail stores with out-of-state St. Nicks.“That's what [the booker is] being forced to do to address -- or evade -- or stay in business with this stupid law,” he said.Bringing in out-of-state workers to skirt AB-5 would violate California law, since labor laws apply to anyone performing work in the state, said Gonzalez’ office. But Tamburino said it would be hard for regulators to enforce.Malls and stores could hire Santas directly as independent contractors, Gonzalez’ office noted, since that kind of relationship passes AB-5’s three-pronged test.To do so, Tamburino said he would have to form his own LLC and said he doesn’t have the experience to run his own business.Tamburino said he would begin reaching out to other Santa-booking agencies in hopes they will hire him as an employee, but there’s a lot at stake: he receives about half of his annual income from Santa jobs. 1938

SAN DIEGO (KGTV) -- As rain continues to soak California, the state is almost entirely out of a drought. According to the U.S. Drought Monitor's most recent report out Thursday, the only part of the state still experiencing any form of drought is a portion of extreme Northern California. As seen in the image below, those counties are only in a "moderate drought," the lowest level in the rating system. RELATED: Devastating 'ARk' storm envisioned for California by U.S. Geological Survey 497

SAN DIEGO (KGTV) - Candalee Carbonel remembers the panic she felt Tuesday when her son's principal called about an incident involving her 7-year-old. "This is a horrible situation, I pray no other family has to go through this," said Carbonel. Her son Cole has autism and managed to walk off the Miller Elementary campus in Tierrasanta without staff noticing. He walked about half a mile to his house. "It broke my heart, knowing I drop off my child every day at school in their hands. They are now responsible to be his safety, to keep him out of danger. This really breaks my heart," said Carbonel. Carbonel says panic turned to frustration when she learned how the school handled the situation. "They should've called 911, called the police, then called me, and I could've helped. I could've been somewhere; I could've come home, I could've been here for my son when he was looking for me," said Carbonel. But instead, the principal went to look for Cole herself, driving to the family's home. She found Cole inside the house, watching television on the couch, and proceeded to take him back to the school and call Carbonel. "It broke my heart that a little kid could be running the streets, and no one called his mom," said Carbonel. She's grateful he made it home safe, but Carbonel says she can't help but wonder what could have happened to him on the walk home. The military family is new to the district, and Carbonel says she's been advocating for her son to have a one-on-one aide as he did in his last school district. She was pushing for more support for her son so that an incident like this wouldn't happen. SDUSD says as a result of this incident, they are going to add an additional staff member to provide above-and-beyond support to Cole's classroom. They also plan to schedule an Individualized Education Program (IEP) review to reassess his needs.Miller Elementary's principal provided 10News the following statement: 1945

SAN DIEGO (KGTV) - As businesses continue to reopen, it's becoming the newest requirement for entry: your signature.Step into any of three Gila Rut salons in the county, and you'll see COVID-19 safety is being taken seriously. Clients' temperatures are taken. Their hands are sanitized. Their personal effects are placed in a bag. In another bag is everything needed for their appointment, from combs to scissors."So they can feel comfortable that when they sit down, everything has been sanitized for them," said Gila Rut President Keri Davis-Duffy.Inside the salon: masks, social distancing, and capes disposed of after each appointment. The owners are intent on protecting clients, staff and also, the business. A day head of an appointment, clients are emailed a waiver."They have to sign a waiver releasing Gila Rut of any liability should anybody contract COVID-19," said David-Duffy.Davis-Duffy is hardly alone. At the Point Loma Sports Club, set to open Friday, a liability waiver is also required before you can enter. Across the county and country, at salons, gyms, offices and even the New York Stock Exchange, waivers are quietly becoming the new normal. It's unclear how much they're really needed. Attorneys tell us it would be hard to prove a business caused an illness. and the waivers don't protect a business against 'gross neglience.'"If someone signs a waiver, that means they agree not to hold someone else responsible for any damages. What we're seeing here are businesses trying to avoid liability when a patron is exposed to covid-19 at their place of business. Waivers are not, however, ironclad. For a business to be protected, the business must show that such a waiver was signed and that it covers the potential claim. Even if a business shows that, a waiver is invalid if the business was grossly negligent or reckless. Also, a person could challenge a waiver by claiming it was signed under duress or that it was unconscionable," said attorney Evan Walker.For Davis-Duffy, the waiver is simply another precaution."We're in a vulnerable business ... We just want to make sure we're protecting are business and create some sense of sustainability," said David-Duffy.Davis-Duffy says all but a handful of clients have agreed to sign the waiver. 2279

SAN DIEGO (KGTV) -- California is among the worst states to retire in, according to a new report. The report, conducted by Bankrate.com, puts California in the 43rd overall position on the list of best and worst states to retire. To create the list, the site looked at a number of factors important to retirees, including the cost of living and the weather. RELATED: Cost of living study: San Diegans likely paying at least ,600 a monthWhile California ranked 13th for weather, the Golden State also placed second to last when it comes to affordability. California also ranked 34th for crime and 17th for culture. Check out the list below of best and worst states to retire in, according to Bankrate: Best states: NebraskaIowaMissouriSouth DakotaFloridaRELATED: Steep drop in housing affordability in the countyWorst states:WashingtonIllinoisAlaskaNew YorkMarylandIf you're considering where to retire, the American Association of Retired Persons (AARP) has a calculator to help you budget.California also launched in July a state-sponsored retirement program for companies that don't have a plan for employees.In our 10News coverage of Making It in San Diego, we also explored housing options, including a woman who built a granny flat on her property to finance her retirement and a Golden Hill retiree who's renting out rooms in her home to supplement her income.For anyone who has not started retirement planning, the San Diego Financial Literacy Center can help. 1477