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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's Vector Control Program reminded residents Friday to take precautions against ticks throughout the winter season.Winter is tick season in San Diego County and residents are advised to wear insect repellant and long sleeves and pants when hiking and camping. Ticks are unlikely to be found in the county's metropolitan areas but they can and do appear in nature and back-country areas, according to the county.Ticks spread several diseases, including Lyme disease, tularemia and spotted fever."Our crews are already finding a lot of ticks out there," said Chris Conlan, a supervising vector ecologist for the county. "And even though tick-related diseases are pretty rare in San Diego, nobody wants to be bitten, or have their kids or pets bitten."Residents are advised to stay on designated hiking paths and avoid touching grass, brush and wild rodents. Ticks can also latch onto clothing and bite a host well after leaving a hiking trail or camping area. If bitten, the Centers for Disease Control and Prevention recommends removing ticks with tweezers, grabbing as close to the arachnid's head as possible.Residents can find more information about protecting against ticks by visiting the county Department of Environmental Health's web page dedicated to the parasite, sandiegocounty.gov/content/sdc/deh/pests/ticks.html, and the CDC's web page on ticks, cdc.gov/ticks/index.html. 1426

SAN DIEGO (CNS) - San Diego County public health officials reported a record 1,546 COVID-19 infections today, the 14th consecutive day that more than 600 new cases were reported, along with 16 additional deaths.The county's coronavirus death toll now stands at 984, and the cumulative case total rose to 74,361.The previous one-day case record was last Saturday, when 1,478 new COVID-19 cases were logged, topping the previous record of 1,091 set Friday. On Sunday, 939 new cases were reported.San Diego County fell deeper into the most restrictive purple tier of the state's four-tiered reopening plan Tuesday with an unadjusted 21.5 new COVID-19 cases per 100,000 population. Even with an adjusted rate of 13.1 per 100,000 due to significant testing increases by local health authorities, that number far exceeds the strictest tier's baseline of seven daily cases per 100,000.A total of 17,329 tests were reported Tuesday and 9% of those came back positive, raising the 14-day rolling average of positive tests to 5.3%.The number of patients hospitalized with COVID-19 continues to rise, with 518 hospitalized in the county and 151 in intensive care, more than double the numbers of a month ago.Of the total number of cases in the county Tuesday, 4,435 -- 6% -- have required hospitalization and 1,002 patients -- 1.3% of all cases -- had to be admitted to an intensive care unit.A total of 15 new community outbreaks were confirmed Tuesday. Over the previous seven days, 73 community outbreaks were confirmed. 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.San Diego County Public Health Officer Dr. Wilma Wooten advised caution as the Thanksgiving holiday looms.``There should be a small number of people and gatherings should be short in duration,'' she said. ``We are asking people to please follow the public health guidance to provide a safe experience for everyone attending the gathering.'' 1998

SAN DIEGO (CNS) - The San Diego County Health and Human Services Agency announced Tuesday that it will make its inclement weather shelter program available to homeless residents in the county's unincorporated areas. The agency's Housing and Community Development Services division activates the shelter when rain is expected for at least two days, reaches two inches in a 24-hour period or when a storm includes a threat of flash flooding. County officials monitor seven unincorporated zones to determine when to activate the shelter program. Homeless residents can contact 211 San Diego between noon and 7 p.m. to be connected to a shelter provider. In some cases, residents are eligible to receive assistance with transportation to an inclement weather shelter. Check 10News Pinpoint Weather storm conditions``By calling 211 people will be directed to the correct program and place,'' Housing and Community Development Services Director David Estrella said. ``We instituted the program because we know that when people are exposed to inclement weather, they are more likely to experience health issues that could be life-threatening.'' 1145

SAN DIEGO (CNS) - San Diego State University will not begin any of its fall sports earlier than Sept. 26 due to the ongoing pandemic, the university's athletics department announced Thursday.This follows guidance from the Mountain West Conference Board of Directors, which decided Wednesday to adjust conference team schedules to allow additional monitoring of ongoing COVID-19 developments and adjustments to keep student-athletes safe.The SDSU Aztecs football team will shrink its schedule to 10 games and most other fall sports will only play conference opponents."The Mountain West athletic directors and the conference office worked hard to develop a game plan for fall sports that will allow student- athletes to have a great experience and take in to account their health and well-being," said SDSU Director of Athletics John David Wicker. "Starting the season later allows us the opportunity to learn from professional sports and other conferences and continue to develop the best protocols possible to ensure the safest return to play model possible."The conference and school schedules align with the NCAA Board of Governors' directions, also released this week. The fall season will also continue to be evaluated in the context of the virus on campuses and within communities, and will be subject to directives from local, state and federal leaders."Should further modifications become necessary, including delay or cancellation of competition, the MW Board of Directors is prepared to do so," a conference statement said.The football team, coming off a 9-3 season including a blowout bowl win against Central Michigan, is also dealing with a new but familiar head coach.Head Coach Brady Hoke coached the Aztecs for the 2009 and 2010 seasons. He took over for Rocky Long in the offseason."It is exciting to get some positive news about a football season, but the safety and health is the first thing," Hoke said in a statement. "It gives us an opportunity to make sure our protocols are in place for the safety and health of the student-athletes, the staff, the athletic trainers and everyone associated with the program. We will continue to be smart as coaches and players on how we proceed."The SDSU cross country team is still awaiting an evaluation of its schedule. The men's soccer team -- which competes in the Pac-12 -- will compete in conference-only play, as will the women's soccer and volleyball teams, which both compete in the Mountain West.All Aztec fall competition in the sports of men's and women's golf, men's and women's tennis, swimming and diving, indoor track and field, softball and baseball have been canceled."The health and well-being of our students, student-athletes, coaches, staff and overall communities remain the first and foremost priority," said Mary Papazian, president at San Jose State University and chair of the Mountain West board. "The modified fall structure supports the measures being taken by each of our institutions to ensure responsible return to play. We will continue to gather the best medical information available and lean on advice from public health professionals as well as state and local officials as we make decisions and necessary adjustments in the future." 3238

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