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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) - Starting Wednesday, Southwest Airlines is providing daily, nonstop service from San Diego International Airport to Honolulu.The inaugural flight departed at 8 a.m. from San Diego to Daniel K. Inouye International Airport in Hawaii."We've been anticipating this route for many months and welcome Southwest's new daily service to Honolulu," San Diego County Regional Airport Authority President and CEO Kimberly Becker said."There has always been high demand for leisure travel to both San Diego and Honolulu and, with a military presence in each city, a desire to visit friends and family," she said. "We appreciate Southwest's continued investment in our city as they add Hawaii to their expanding list of nonstop markets from San Diego."Though Wednesday marked Southwest's first daily flight from San Diego to Honolulu, Hawaiian Airlines and Alaska Airlines also offer service from the airport to Honolulu.In light of the COVID-19 pandemic, passengers flying to Hawaii were advised to review the state's travel policy, which includes pre-travel testing program, the Mandatory State of Hawaii Travel and Health Form, and temperature screening upon arrival. It can be viewed at https://hawaiicovid19.com/travel/. 1237

SAN DIEGO (CNS) - The San Diego Police Department conducted a bicycle and pedestrian safety enforcement operation Monday from 10 a.m. to 6 p.m. Officers focused on enforcing safety laws involving motorists, bicyclists and pedestrians in the Northern Division, which includes Clairemont, Mission Beach, Pacific Beach, La Jolla and University City. They looked for drivers who were speeding, making illegal turns, failing to stop for signs and signals, failing to yield to pedestrians in crosswalks, or any other violations. They also searched for pedestrians who crossed the street illegally or failed to yield to drivers who have the right of way. Pedestrians should cross the street only in marked crosswalks or at intersections. Police have investigated several collisions involving bicyclists and pedestrians during the past three years. In 2013, California had 701 pedestrian deaths, accounting for more than 23 percent of all roadway fatalities. The national average is 15 percent. Police say drivers should follow these safety tips:- Look out for bicyclists, pedestrians and scooter riders, especially at night or in bad weather.- Slow down and be prepared to stop when turning or entering a crosswalk.- Stop at the crosswalk stop line to give drivers in other lanes an opportunity to see, and yield to pedestrians.- Be cautious when backing up.- Share the road with bicyclists.- California law requires at least three feet of clearance when passing a bike rider.- Look for cyclists before opening a car door or pulling out from a parking space.- Yield to cyclists at intersections and as directed by signs and signals.- Watch out for bike riders when making turns.Tips for pedestrians:- Cross at crosswalks or intersections, and obey signs and signals.- Walk facing traffic.- Don't text or talk on a cell phone while walking.- Make eye contact with drivers as they approach.- Wear bright clothing during the day and reflective materials, or use a flashlight, at night.- Look left-right-left before crossing a street.Tips for scooter riders:- Wear properly fitted helmets.- Riders are considered vehicle operators; they are required to obey the same rules of the road as other vehicle operators, including obeying traffic signs, signals, and lane markings.- When riding a scooter in the street, cyclists must ride in the same direction as traffic.- When riding at night, scooter riders are required to have a front light and a red reflector to the rear- No passengers are allowed on any scooter. The driver is the only person allowed on the scooter.- Scooter operators must be at least 15 1/2 years old and possess a valid driver's permit. 2653

SAN DIEGO (CNS) -- The pink, blue and white colors of the Transgender Flag will fly over the County Administration Center and the San Diego Convention Center Sails Pavilion at sundown Friday in honor of Transgender Day of Remembrance.The Human Rights Campaign reports that so far in 2020 "at least 36 Transgender or gender non-conforming people have been killed by violent means, the majority of whom were Black and Latinx transgender women.""The lives of our Transgendered community members are too often violently taken just because of who they are," said County Supervisor Nathan Fletcher. "We cannot stay silent as the deaths of these humans continue to grow year by year. Lighting up these structures won't solve the challenges the Transgender community faces, but it is a step toward raising greater awareness and support for our Transgender neighbors."Fletcher, in partnership with the County of San Diego's LGBTQ&A Employee Resource Group and the African American Association of County Employees, championed securing the lighting of the iconic San Diego structures."To honor these victims and countless others, we stand in solidarity by lighting the CAC to remember each life lost," said Ben Parmentier, President of the County LGBTQ&A Employee Resource Group."The visibility this lighting provides is a small step to bring awareness to a grim reality for one of the most vulnerable populations in our society. Transgender people also face disproportionate health disparities, harassment, and discrimination. It is incumbent upon all of us with privilege to use our power to do more," Parmentier said.San Diego Convention Center leadership supported this awareness initiative when contacted by the Fletcher's office and county employees."In support of Transgender Day of Remembrance, we will light our iconic Sails Pavilion to honor those who we've lost to anti-Trans violence," said Rip Rippetoe, president and CEO of the San Diego Convention Center. "As an inclusivity-driven convention center, we hope that our action will raise awareness of issues that affect our community." 2103

SAN DIEGO (CNS) - The Board of Supervisors today extended a state of emergency over a hepatitis A outbreak in San Diego County that has killed 20 people, amid a declining number of new cases.Health officials told the supervisors at a special meeting that the drop in case numbers is a sign that efforts to fight the outbreak are working.RELATED: Governor Jerry Brown declares state of emergency over Hepatitis A outbreakThey stressed the need for the county to continue vaccination, prevention and educational efforts that have been put in place since the emergency was declared in September. There were 31 confirmed cases of hepatitis A last month, compared to a peak of 94 cases in August.There have been 544 cases as of Monday in the nearly year-old outbreak, an increase of 28 cases since data was last released on Oct. 24, according to Dr. Wilma Wooten, the county's public health officer.She said some of those 28 cases include ones from as long ago as April that were newly confirmed by the U.S. Centers for Disease Control and Prevention. Due to the disease's long incubation period, there could potentially be more confirmed cases from October. Wooten said the initial decline is a good sign, but not a reason to declare victory."We could potentially have a second peak," she said. "That's why it's very important for us to continue our vaccination efforts."In San Diego, nearly two-thirds of the victims have been either homeless, users of illicit drugs or both. Much of the county's efforts have focused on those populations, but Wooten said an outbreak in Michigan that has affected men who have sex with men underscores the importance of targeting that community here.Local efforts include holding vaccination events at LGBT centers and distributing educational information to clinics that serve that community, she said. Around .5 million has been spent by the county to fight the spread of the disease, including administering over 90,000 vaccinations and spreading awareness among the public, according to county documents.Hepatitis A is usually transmitted by touching objects or eating food that someone with the virus has handled or by having sex with an infected person.The disease doesn't always cause symptoms, but for those who do, they could experience fever, fatigue, nausea, loss of appetite, yellowing of the eyes, stomach pain, vomiting, dark urine, pale stools and diarrhea, according to the HHSA.The county and city of San Diego have taken several steps to address the outbreak, including the spraying of a sanitizing formula on streets and sidewalks, the placement of portable hand-washing stations and restrooms in areas where the homeless congregate, and the stepped-up immunization campaign. 2740