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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 unadjusted unemployment rate dipped to 3.5 percent in February, with both farm and nonfarm employment showing gains, the California Employment Development Department announced Friday.The county's adjusted unemployment rate sat at 3.8 percent in January, its highest point since the third quarter of 2017. February's unadjusted rate is the same as its revised 2018 unemployment rate, according to the EDD.Nonfarm industries added 9,700 jobs between January and February, with total nonfarm employment increasing from 1,480,100 to 1,489,800. Total farm jobs increased by 400 from 8,100 in January to 8,500 last month.Multiple nonfarm industries showed job gains in the thousands. The professional and business services industry increased by 4,100 jobs, the most of any industry in the county. The trade, transportation and utilities industry decreased the most of any in the county, falling by 2,600 jobs.Year-over-year nonfarm employment increased by 19,900 jobs, from 1,469,900 in February 2018 to 1,489,800 last month. The educational and health services industry showed the largest year-over-year employment gains at 6,900, pacing multiple industries that showed yearly job gains of more than 3,000.Like the county's month-over-month job market, the trade, transportation and utilities industry had the largest year-over-year decrease in job numbers, falling by the same number of jobs from 223,600 in February 2018 to 221,000 last month. Total farm employment decreased from 9,000 to 8,500 last month.The state's unadjusted unemployment rate in February remained unchanged from January's adjusted unemployment rate of 4.2, according to the EDD.U.S. unemployment decreased slightly to an unadjusted 3.8 percent in February. 1770

SAN DIEGO (CNS) - The Horses of Tir Na Nog equine sanctuary east of Alpine is inviting members of the public to join its monthly giving campaign and become a "Hay Hero."Donations support sanctuary operating expenses, including feed costs that exceed ,000 per year.The volunteer-driven nonprofit partners with the San Diego County Department of Animal Services to care for horses rescued from abuse, neglect or abandonment."By making a monthly pledge, our Hay Heroes are helping us meet our most basic commitment to provide our horses with a high-quality diet," Administrator Amy Pat Rigney said. "Hay Heroes can choose the amount of their monthly commitment. When feeding 58 equines, no gift is too small. Everything helps." The sanctuary is a nonriding facility, though the community is invited to meet some of the horses under care. The 15-year-old facility is named after an Irish legend about an old horse that becomes young again. 951

SAN DIEGO (CNS) - The city of San Diego announced a partnership today with Verizon to improve the city's wireless capacity and begin the process of introducing 5G cellular network technology.Verizon will make an investment of more than 0 million in local technology infrastructure, such as the installation of wireless equipment cells on city-owned light poles, to extend internet coverage and capability and increase public safety.The company will also offer 500 smartphones to the San Diego Police Department and 50 tablets to the San Diego Fire-Rescue Department to make their communication infrastructure more efficient."Together, we're creating a platform of innovation with the latest smart city technology, supporting the city's focus on creating a digitally inclusive and connected city that benefits all residents and businesses for decades to come,'' said Ed Chan, Verizon's senior vice president of engineering.Eventually, Verizon plans to roll out 5G technology in San Diego, which the city says will enhance the region's economic might. In turn, the city plans to streamline the tech infrastructure installation process by creating a master permit to make it easier for telecommunications companies to install fiber optic internet.San Diego Mayor Kevin Faulconer and Councilman Chris Cate joined Chan to announce the partnership and tout the city's present and future technological capabilities."San Diego is a city of innovation with a long history of using groundbreaking technologies to make our city and the world a better place,'' Faulconer said. "Working together with Verizon, this agreement is going to provide resources that will further enhance cellular service for residents, keep communities safer and lower costs for taxpayers.'' 1766

SAN DIEGO (CNS) - San Diego County public health officials have reported 408 new COVID-19 infections and one more death from the illness, raising the county's totals to 50,551 cases and 826 fatalities.The death of one man was noted Saturday. He was in his mid-40s and had an underlying medical condition.Of the 9,875 tests reported Saturday, 4% returned positive, bringing the 14-day rolling average percentage of positive cases to 2.9%. The seven-day daily average of tests was 10,281.Of the total number of cases in the county, 3,681 -- or 7.3% -- have required hospitalization and 851 -- or 1.7% of all cases -- had to be admitted to an intensive care unit.Seven new community outbreaks were reported Saturday, one in a faith- based agency, one in a restaurant, one in a grocery setting, two in businesses and two in restaurant/bar settings.In the past seven days, Oct. 4 through Oct. 10, 45 community outbreaks were confirmed, well above the trigger of seven or more in a week's time. A community setting 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 remains in the second -- or red -- tier of the state's four- tier COVID-19 reopening plan. San Diego's state-calculated, adjusted case rate is 6.5 per 100,000 residents, down from 6.7. The unadjusted case rate is 7.0, down from 7.2.The testing positivity percentage is 3.5%, the same as last week, and it is in the third -- or orange -- tier.On Saturday, the county allowed private gatherings of up to three households, based on the state's new guidance issued Friday.The gatherings must take place outdoors. If at someone's home, guests may go inside to use the bathroom.Participants in a gathering need to stay at least six feet apart from non-household members and wear face coverings. Gatherings should be kept to two hours or less, the new guidelines state.A health equity metric will now be used to determine how quickly a county may advance through the reopening plan, San Diego Public Health Officer Dr. Wilma Wooten said Wednesday.A community can only be as well as its unhealthiest quartile, she said, and while counties with a large disparity between the least and most sick members of a community will not be punished for the disparity by sliding back into more restrictive tiers, such a disparity will stop counties from advancing to less-restrictive tiers.According to the state guidelines, the health equity will measure socially determined health circumstances, such as a community's transportation, housing, access to health care and testing, access to healthy food and parks.Neighborhoods are grouped and scored by census tracts on the Healthy Places Index, https://healthyplacesindex.org/. Some of the unhealthiest neighborhoods include Logan Heights, Valencia Park, downtown El Cajon and National City. According to county data, the county's health equity testing positivity percentage is 6.2 and is in the red tier.Wooten said the complicated metric will be explained further on Monday, when the state releases an official "playbook" of how it is calculated and what it means to communities throughout the state as they attempt to reopen.On Tuesday, the California Department of Public Health will issue its next report on county case rates. 3315