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SAN DIEGO (CNS) - In a ruling stemming from a lawsuit brought the city attorneys of San Diego and two other cities and the state, a federal judge today granted a preliminary injunction against ride-hailing companies Uber and Lyft, requiring them to classify their drivers as employees rather than independent contractors in accordance with a new state law.San Francisco-based Judge Ethan P. Schulman ruled in favor of California Attorney General Xavier Becerra, and the city attorneys of San Diego, Los Angeles and San Francisco in their lawsuit alleging Uber and Lyft have misclassified their drivers, preventing them from receiving ``the compensation and benefits they have earned through the dignity of their labor.''The suit alleges the companies are violating Assembly Bill 5, which went into effect Jan. 1 and seeks to ensure ``gig workers'' misclassified as independent contractors are afforded certain labor protections, such as the right to minimum wage, sick leave, unemployment insurance and workers' compensation benefits.Both companies issued statements indicating they would appeal the ruling, which is scheduled to go into effect in 10 days.Schulman wrote in his ruling that ``both the Legislature and our Supreme Court have found that the misclassification of workers as `independent contractors' deprives them of the panoply of basic rights and protections to which employees are entitled under California law, including minimum wage, workers' compensation, unemployment insurance, paid sick leave and paid family leave.''The judge said that under the ``ABC test'' used to determine whether a worker is an employee or an independent contractor, the companies would not be able to argue their drivers are independent contractors as they perform work that is within the company's usual course of business.Schulman recognized that the injunction could have major impacts for the companies, as well as some drivers who prefer to remain independent, and wrote that ``if the injunction the People seek will have far-reaching effects, they have only been exacerbated by Defendants' prolonged and brazen refusal to comply with California law.''The campaign for Proposition 22, a proposed ballot initiative sponsored by Uber and Lyft that would allow rideshare drivers to work as independent contractors, decried the ruling.``We need to pass Prop 22 more than ever,'' said Jan Krueger, a retiree who drives with Lyft in Sacramento. ``Sacramento politicians and special interests keep pushing these disastrous laws and lawsuits that would take away the ability of app-based drivers to choose when and how they work, even though by a 4:1 margin drivers want and need to work independently.We'll take our case to the voters to protect the ability of app-based drivers to work as independent contractors, while providing historic new benefits like an earnings guarantee, health benefits and more.''San Diego City Attorney Mara W. Elliott called the ruling ``a milestone in protecting workers and their families from exploitation by Uber and Lyft, I'm proud to be in this fight to hold greedy billion-dollar corporations accountable, especially when a pandemic makes their withholding of health care and unemployment benefits all the more burdensome on taxpayers.''AB 5's author, Assemblywoman Lorena Gonzalez, D-San Diego, said, ``Uber and Lyft have been fighting tooth and nail for years to cheat their drivers out of the basic workplace protections and benefits they have been legally entitled to. They have enriched their executives and their bottom line, while leaving taxpayers on the hook to subsidize the wages and benefits of their drivers.``Today, the court sided with the People of California. I'm thankful to our Attorney General and city attorneys for demanding justice for the hundreds of thousands of rideshare drivers in California.'' 3862
SAN DIEGO (CNS) - A man who jumped onstage during a Taylor Swift concert at Petco Park in 2015 and was tackled by members of her security team -- seriously injuring one of them -- is scheduled to be arraigned Thursday for allegedly beating a man to death in the Midway District earlier this month. Christian Ewing, 29, was arrested last Friday for a parole violation and was re-arrested Monday on suspicion of murder in the death of 57-year-old Gregory Freeman. Freeman was found Dec. 5 in the 3900 block of Rosecrans Street near the Interstate 5 overpass, police said. Freeman, who had trauma to his upper body, was taken to a hospital but died four days later. One witness told police that Freeman was on the ground when a man began to hit him with some sort of object. The attacker then fled, said San Diego police Lt. Anthony Dupree. More than three years ago, Ewing sneaked into Swift's concert and jumped onstage while she was performing. He was tackled by security guards, one of whom suffered a broken rib. Ewing pleaded guilty to assault and was sentenced to probation and given credit for three years in custody. 1130
SAN DIEGO (CNS) - New health restrictions took effect Monday in San Diego County and the rest of Southern California, shutting down indoor service at restaurants among other closures, due to the rapidly increasing number of coronavirus hospitalizations.A state-mandated "regional stay-at-home" order went into effect at 11:59 p.m. Sunday, triggered when intensive-care unit bed availability remained below 15% after Saturday's daily update, according to the California Department of Public Health.The 11-county Southern California region's available ICU capacity was 12.5% Saturday, a decrease from 13.1% the day before. The ICU capacity Sunday for the region was 10.3%. San Diego County had 20.5% of its ICU beds available as of Saturday.On Sunday, the county reported 35 new hospitalizations, bringing the total to 4,871. Three more patients were placed in intensive care, bringing the total to 1,068.The Southern California region consists of San Diego, Orange, Los Angeles, Riverside, Imperial, Inyo, Mono, San Bernardino, San Luis Obispo, Santa Barbara and Ventura counties.The stay-at-home order will be in place for three weeks and prohibits gatherings of people from different households. Regions will be eligible to exit from the order on Dec. 28 if ICU capacity projections for the following month are above or equal to 15%.On Sunday, San Diego County officials reported 1,703 new cases of COVID-19 and seven additional deaths.That brings the total number of cases to 92,171 with 1,062 deaths.County Supervisors Chairman Greg Cox said the three-week stay-at-home order was tough to take."There's no way around it," Cox said during a special Saturday briefing. "It stinks."But in recent weeks, the county has experienced a rise in the number of coronavirus cases, hospitalization rates and the use of ICU beds, Cox said."We know the timing could not be worse," because of the holidays, Cox said. "But we know better days are ahead," he added, referring to the arrival of vaccines.Supervisor Nathan Fletcher said county residents are facing a tough situation."But COVID-19 is a tough virus," Fletcher said. "This is the toughest fight we've had to face during the pandemic. But hope is on the horizon with a vaccination, but it's not here now."Fletcher said the county faced an unprecedented situation."We don't have a choice," Fletcher said. "It is a deadly pandemic that is ravaging our community."Under the order, the following businesses/recreational facilities will be forced to close:-- indoor and outdoor playgrounds-- indoor recreational facilities-- hair salons and barbershops-- personal care services-- museums, zoos, and aquariums-- movie theaters-- wineries-- bars, breweries and distilleries-- family entertainment centers-- cardrooms and satellite wagering-- limited services-- live audience sports-- amusement parksSchools with waivers will be allowed to remain open, along with "critical infrastructure" and retail stores, which will be limited to 20% of capacity. Restaurants will be restricted to takeout and delivery service only. Hotels are allowed to open "for critical infrastructure support only," while churches are restricted to outdoor only services. Entertainment production -- including professional sports -- are be allowed to continue without live audiences.Some of those restrictions are already in effect in select counties.California has grouped its counties into five regions: The Bay Area, the Greater Sacramento Region, Northern California, the San Joaquin Valley and Southern California.The state reported Sunday that the Bay Area's ICU capacity is at 24.1%, Greater Sacramento at 18.2% and Northern California at 26.5%.The San Joaquin Valley joined the Southern California region in the new shutdown protocol Sunday night, as its ICU capacity dropped to 6.6% on Sunday. It was at 8.6% on Saturday.The state's full stay-at-home order can be read at https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/Regional-Stay-at-Home-Order-.aspx. 3994
SAN DIEGO (CNS) - Authorities announced a ,000 reward Wednesday for information leading to an arrest in connection with the slaying of a 22-year-old man nearly four months ago in the Lincoln Park area.Emergency personnel responded at 11:11 p.m. on Feb. 24 to a report of a person down in the 300 block of 47th Street and found Gregory Izik Ruffin Jr. suffering from apparent trauma to his upper body, according to San Diego police.Paramedics attempted life-saving measures, but Ruffin was pronounced dead at the scene.Gregory Ruffin Sr., the victim's father, has added ,000 to a ,000 reward in the case previously posted by San Diego County Crime Stoppers.RELATED: San Diego police: Man dies on Lincoln Park sidewalkAnyone with information about the slaying was asked to call the nonprofit agency at 888-580-8477. Tipsters may remain anonymous. 859
SAN DIEGO (CNS) - Less than a week after fully reopening its schools, the Vista Unified School District reported a second COVID-19 case involving a Mission Vista High School student, leading to the quarantine of about 150 students and four teachers.According to the district, the second student tested positive for the illness on Sunday. That student attended school Tuesday, Wednesday and Thursday last week and is not connected to the other case in a student confirmed last week, the district said."The parents notified us that the student likely contracted the virus while traveling on a club athletic team not affiliated with school," a district statement reads. "We immediately notified all parents, students and staff who may have come into contact with the student."While it is unlikely the student came into close contact with all 150 students and four teachers, the district said it was "proceeding with an abundance of caution" and placing all of them on a 14-day quarantine and pivot to Zoom and Canvas distance-learning classes.According to the district's COVID-19 safety dashboard, it has recorded five cases since Sept. 8, and just one since Oct. 20.The Vista Unified School District, fully reopened its 28 schools last Tuesday, eschewing some of the more cautious measures some other districts are taking, moving into its Phase 3 reopening plan. The "Vista Classic" plan allows every school in the district to reopen at full capacity. Parents and guardians will still be able to keep students in "Vista Virtual," the district's distance-learning program, if they so choose."Our health and safety measures were working well, with mask wearing and handwashing particularly strong on all campuses," Vista Superintendent Matt Doyle said after visiting campuses Tuesday. "We will continue to refine arrival, dismissal, and lunchtime routines for students as they relearn how to interact with their friends in this new social distancing environment."The district said it will attempt to have social distancing as much as possible, but will allow as many as 38 students in a single classroom, so desks will not be spaced six feet apart.A rally Oct. 15 by teachers and parents at Foothill Oaks Elementary School attempted to dissuade the Vista Unified School Board from reopening, with many educators believing the safety measures inadequate.Plexiglass barriers were not provided to teachers. Instead, they were given PVC pipes and plastic liner to create makeshift protection from students returning to in-person learning. 2538