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SAN DIEGO (CNS) - The Bengal tiger cub rescued during a smuggling attempt at the US-Mexico border was joined Monday by a Sumatran tiger cub from the National Zoo in Washington, D.C.The Bengal tiger was discovered last month at the Otay Mesa border crossing last month and taken to the San Diego Zoo Safari Park for care.RELATED: Smuggled tiger cub found at US-Mexico borderThe Sumatran tiger that joined the cub in San Diego is nine-weeks-old. He has been fed by humans since last month because his mother became aggressive toward him. Zoo personnel said the cub would "chuff" in a friendly tiger greeting but his mother, Damai, would not respond.Animal care staff from the Safari Park were on hand at San Diego International Airport to meet the cub and the keepers upon their arrival. The young tiger was immediately transported to the Safari Park’s Ione and Paul Harter Animal Care Center, where he will continue to receive the care he needs.“We are beyond thrilled to welcome this tiger cub to the Safari Park,” said Andy Blue, associate curator of mammals at the San Diego Zoo Safari Park. “His keepers reported he did extremely well during the flight — slept most of the way. Our priority now is to ensure he continues to thrive and acclimates well to his new surroundings.” 1302

SAN DIEGO (CNS) - The average price of a gallon of self-serve regular gasoline in San Diego County rose seven-tenths of a cent today to .567, its highest amount since Aug. 26, 2015.The average price has risen 21 times in the past 26 days, increasing 13.3 cents, including seven-tenths of a cent on Thursday, according to figures from the AAA and Oil Price Information Service.The average price is 2.1 cents more than one week ago, 15.9 cents higher than one month ago and 54.9 cents greater than one year ago. It has risen 44.5 cents since the start of the year."Underlying gasoline wholesale prices have wavered within a range of about 10 cents for about the past month, allowing pump prices to remain relatively stable for this time of year," said Jeffrey Spring, the Automobile Club of Southern California's corporate communications manager."Barring any major incidents affecting supply or oil prices, it seems unlikely right now that price averages will push as high as a gallon this spring." 1014

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 public health officials have reported 540 new COVID-19 infections and one new death related to the illness, raising the region's total to 59,656 cases and 908 deaths as the county continues to await news on whether it will sink into the dreaded purple tier of the state's four-tiered COVID-19 reopening plan.State officials reported Wednesday that San Diego County had an unadjusted new daily coronavirus case rate of 8.7 per 100,000. The adjusted case rate had dropped to 7.4 per 100,000, above the baseline of 7, qualifying the state for the purple, or most restrictive tier of the reopening plan. Last week's unadjusted case rate was 7.8 per 100,000.According to the reopening plan, a county has to report data exceeding a more restrictive tier's guidelines for two consecutive weeks before being moved to that more restrictive tier. A county then has to be in that tier for a minimum of three weeks before it may move to a less restrictive tier.San Diego County has been in the red tier for months, skirting but ultimately avoiding the purple tier, which would necessitate the closure of almost all indoor operations of nonessential businesses. Recent trends have shown a slow but steady increase in infection numbers.If the county cannot drop its adjusted daily case rate below 7 per 100,000, indoor operations in locations such as restaurants, museums, places of worship, breweries and retail businesses will have to either close entirely, move to outdoor operations only or modify in other ways.In recent weeks, the region had an unadjusted rate well above the purple tier guidelines, but a significant effort to increase the volume of tests had allowed for an adjustment to bring it back to the red, or substantial, tier.Dr. Wilma Wooten, the county's public health officer, said retail operations, including indoor shopping centers, will be limited to 25% of building capacity, down from the current 50%. Schools, unless they have already restarted in-person learning, will be restricted to distance learning. K-12 schools already in session can continue, Wooten said."Cases are increasing in the region and it is vital that we take this virus seriously and recommit ourselves to the strategies that are proven to work," she said Thursday. "Wear a face covering when you go out in public, stay six feet away from others and avoid crowds and large gatherings."The county's testing positivity rate actually improved, declining 0.3% from last week to reach 3.2%, but remains high enough for this metric to remain in the orange tier.The state's health equity metric, which looks at the testing positivity for areas with the least healthy conditions, increased from 5.1% to 5.3% and entered the red tier. This metric does not move counties backward to more restrictive tiers, but is required to advance.The state data reflect the previous week's case data to determine where counties stand. The next update will be Tuesday. 2970

SAN DIEGO (CNS) - San Diego Mayor Kevin Faulconer announced Tuesday that gyms and places of worship would be able to use San Diego's parks to conduct operations outside beginning Monday morning.City Councilman Chris Cate proposed the idea in mid-July, and the San Diego County Board of Supervisors approved a similar ordinance for county parks on Aug. 5.Faulconer said lack of guidance from the state -- even as the city and county expects to learn more Tuesday about possibly being removed from a state watchlist monitoring counties with high prevalence of COVID-19 -- prompted the action."There is no direction currently from the state of California about what a county can and cannot do once it sheds the watchlist designation," he said. On Friday, myself and Supervisor [Greg] Cox sent a letter to the governor asking for direction.San Diego County was placed on that state watchlist by Gov. Gavin Newsom's office for testing higher than 100 positive COVID-19 cases per 100,000 people in the county. The county has been below that number for six days now and is expected to be removed from the list Tuesday. What that means is unclear.Per Faulconer's executive order, San Diego's more than 300 parks, 26 miles of shoreline and 57 recreation centers could be used for gyms, fitness classes and worship services starting Monday. Social distancing and face coverings are still encouraged, but Cate said this could help struggling businesses."Mayor Faulconer's executive order will allow gyms, such as Hardcore Fitness, to bring their physical fitness classes to our city's parks," said Cate, chair of the City Council's Economic Development and Intergovernmental Relations Committee. "Opportunities like this will allow our gyms and churches the ability to welcome back their customers and parishioners in a safe manner."The directive defers park permit fees for 60 days. Faulconer will bring an ordinance to the council once it is back in session in September that would make the waiving of fees permanent.Faulconer made the announcement at Mira Mesa Community Park. Joining him were Cate, the city Park and Recreation Department Director, the Mira Mesa Chamber of Commerce, and the owner of Hardcore Fitness on Miramar Road.It was Faulconer's third executive order allowing for some businesses to operate outside. Previously, he had allowed for some retail and restaurants, and subsequently for gyms, barbershops, hair salons and massage businesses to expand to sidewalks and private parking lots."As San Diego continues to navigate the ever-changing rules regarding doing business during this pandemic, we must become more creative at every turn," said Bari Vaz, president of the Mira Mesa Chamber of Commerce. "This executive order will allow residents to continue participating in fitness classes and sharing their faith, until such time as we may safely return to the indoor venues."Outdoor religious services and outdoor fitness classes and camps are all eligible under the executive order. Businesses must display their San Diego County safe reopening plan, hold insurance naming San Diego as an additional insured, and have a city business tax certificate prior to August 1, 2020. New permits will be available on a first-come, first-served basis for each park depending on the local demand and total space available. 3335