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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) - The San Diego Community College District announced Thursday it will continue online instruction through the remainder of the academic year, including the January 2021 intersession and Spring 2021 semester.SDCCD Chancellor Constance M. Carroll emailed district employees Wednesday informing them of the decision. With exceptions for a few programs that are difficult to offer virtually, all district classes have been online and all operations conducted remotely since March 23 to help curb the spread of COVID-19. Hybrid exceptions include various science and clinical laboratory sections, career classes with technical components and classes for first responders, which are offered on campus with all health protocols required. Carroll said more hybrid classes and on campus support services will be offered in the spring if the situation allows, but that the district's highest priority is the health and safety of its students and employees."It seems incredible that we are now in our sixth month of dealing with the coronavirus COVID-19," Carroll said. "I do not believe anyone could have predicted the longevity of this crisis."In her email, Carroll thanked district employees for their "dedication above and beyond the call of duty," to assist students, many of whom continue to face financial hardship due to loss of income. Seven in 10 district students work to support themselves and/or their families.To date, the district has distributed .3 million in federal Coronavirus Aid, Relief, and Economic Security Act funds to more than 8,000 students at San Diego City, Mesa and Miramar colleges, as well as San Diego Continuing Education. Another 7,000 in funding is being provided by United Way of San Diego County to assist district students and 0,000 has been contributed by the San Diego Foundation to fund student laptops.In spite of these efforts, many district students have faced the difficult choice of continuing their educations or supporting their families, especially during a period when many public schools are online. Enrollment is down 8% across the district this fall.Of particular concern, Carroll said, is evidence that some of the region's most vulnerable students -- including those from lower-income communities and traditionally underrepresented groups -- have been impacted the greatest by the COVID-19 pandemic."We must ensure that the current public health crisis and economic crisis do not prevent our students from making progress towards their educational goals," she said. "The community and the workforce are counting on our ability to continue delivering a high-quality education and effective student outcomes."However, the district has also seen a 25% increase in enrollment in the San Diego Promise, the free tuition program for eligible students. Program representatives believe the surge in new students is partly a result of more students who have chosen to start their educations at one of the district's colleges, instead of a university. 3019

SAN DIEGO (CNS) - San Diego County health officials have reported a huge jump in COVID-19 cases -- a record 1,087 -- and no additional deaths, bringing the county's total to 64,768 cases, with the death toll remaining at 926.Sunday was the fifth-consecutive day that more than 600 new coronavirus cases were reported by the county.On Saturday, the county set a record of 736 new cases. On Wednesday, a record 661 cases were reported in the county -- surpassing the 652 cases reported Aug. 7. Another 620 cases were reported Thursday."This is a stark reminder that COVID is real, is spreading and must be taken seriously," Supervisor Nathan Fletcher said Sunday. "At this point, we are pleading with the public to take action to slow the spread: Wear a mask, physically distance, and limit contact with those outside of your household."Dr. Wilma Wooten, the county's public health officer, added that in the weeks following Halloween, this record case jump is a warning sign people "need to follow public health guidance throughout the upcoming holiday season."The rapid rise in cases comes as state data has landed the county in the most restrictive tier of the state's COVID-19 reopening plan. The restrictions associated with the purple tier went into effect just after midnight Saturday.Many nonessential businesses are now required to move to outdoor-only operations. These include restaurants, family entertainment centers, wineries, places of worship, movie theaters, museums, gyms, zoos, aquariums and cardrooms.The restrictions include closing amusement parks. Bars, breweries and distilleries are able to remain open as long as they are able to operate outside and with food on the same ticket as alcohol.Retail businesses and shopping centers can remain open with 25% of the building's capacity. No food courts will be permitted.Schools are able to remain open for in-person learning if they are already in session. If a district has not reopened for in-person learning, it must remain remote only. Offices are restricted to remote work.Remaining open are essential services, personal care services, barbershops, hair salons, outdoor playgrounds and recreational facilities.The county's demotion from the less-restrictive red tier is the result of two weeks of case rates that exceeded the threshold of 7 per 100,000 residents.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.State officials reported Tuesday that San Diego County had an unadjusted new daily coronavirus case rate of 10.0 per 100,000. The adjusted case rate dropped to 8.9 per 100,000. Last week's unadjusted case rate was 8.7 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 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.Even as the number of cases climbs, the testing positivity rate for the region continues to decline. From last week's data, it dropped to 2.6%, a 0.8% decline. It still 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 5.3% to 6.5% and remained in the red tier. This metric does not move counties backward to more restrictive tiers, but is required to advance.Of the 12,349 tests reported Sunday, 9% returned positive, increasing the 14-day rolling average of positive tests to 4.2%.Of the total number of cases in the county, 4,197 -- or 6.5% -- have required hospitalization and 958 patients -- or 1.5% of all cases -- had to be admitted to an intensive care unit.The number of community outbreaks in the past week was 45 as of Saturday.The county launched a COVID-19 case rate map Thursday showing how cities and communities are being impacted by the novel coronavirus. The interactive map allows users to identify the case rate per 100,000 residents in cities and communities or by ZIP codes.The map also shows where each area falls under the different state tiers and whether their case rate and testing positivity are going up or down.Click here for the full map 4396

SAN DIEGO (CNS) - San Diego State University reported 25 new cases of COVID-19 Sunday, bringing the total number of cases to 1,072 since Aug. 24, the first day of instruction for the fall semester.The new totals reported by Student Health Services reflect numbers as of 6 p.m. Saturday.Of the students living on campus, 385 have tested positive and students living off-campus totaled 666 positive cases, health services said. A total of eight faculty or staff members have tested positive and 13 "visitors," people who have had exposure with an SDSU-affiliated individual, have tested positive.The number of confirmed cases was 1,030, with 42 probable cases.The information is based on cases reported to Student Health Services by an individual or by a public health official. As more private labs are administering tests, there is a possibility that not all cases are being reported to Student Health Services.For privacy reasons, SDSU does not report names, affiliations or health conditions of students, faculty or staff who test positive for COVID-19 unless a public health agency advises that there is a health and public safety benefit to reporting such details. 1176

SAN DIEGO (CNS) - The entire passenger and freight rail line between Oceanside and San Diego will be closed at midnight and remain shut down all weekend for improvements, according to the San Diego Association of Governments.Crews will shut down the lines just after midnight Saturday through 5 a.m. Monday, according to SANDAG, which will make several improvements, including work on the Mid-Coast Trolley project, extending the UC San Diego blue line trolley from the Santa Fe Depot in Downtown San Diego north toward UC San Diego.Four rail services use the San Diego segment of the Los Angeles-San Diego-San Luis Obispo coastal rail corridor: North County Transit District, Metrolink, Amtrak and the BNSF freight line.Passengers using the Coaster train line are advised to use the BREEZE Route 101 or local buses. Amtrak will offer bus connections from Oceanside to San Diego for passengers with reservations.Crews working on the Mid-Coast Trolley project will remove temporary support structures, build retaining walls, protect slopes and install fencing and cable railing, as well as sewer, water, and drainage pipes.The entire project is expected to be completed late next year.Near the San Diego River Bridge, crews will add nearly a mile of double track across the river to create a continuous 7-mile stretch of double track in the southernmost portion of the coastal rail corridor.During construction, nearby residents and businesses can expect intermittent noise and lights.Passenger rail service is scheduled to resume for the Monday morning commute. 1569

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