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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 California Supreme Court on Monday upheld the conviction of a death row inmate found guilty of hiring another man to shoot and kill his fiancee in Alpine 20 years ago.Michael William Flinner applied for a life insurance policy for 18-year-old Tamra Keck, then arranged for his former employee, Haron Ontiveros, to kill her on June 11, 2000, according to the ruling.The killing occurred shortly after Flinner met Keck and began dating her.According to the ruling, Flinner named himself as the beneficiary in the insurance policy, and falsely alleged Keck was an employee at his landscaping business whose death would cause him to suffer financially. Prosecutors alleged Flinner arranged for Ontiveros to meet with Keck at a gas station, then direct her to his car in a nearby cul-de-sac under the guise of having engine trouble. Once there, he shot Keck in the back of the head.Separate juries convicted Flinner and Ontiveros of murder and conspiracy and found true special circumstance allegations of killing for financial gain and lying in wait. Jurors recommended capital punishment for Flinner and life imprisonment without the possibility of parole for Ontiveros.In the appeal, Flinner's counsel alleged his case was adversely affected by issues that included limited access to defense counsel, which was allegedly restricted by Flinner's relocation from the downtown San Diego jail to the jail in Vista. Flinner's defense attorney at the time claimed the distance to Vista and other limits on telephone communication would hurt the defense's preparation for trial. According to the ruling, the relocation was implemented because Flinner obtained the home addresses of the prosecutor and trial judge through another inmate.The state Supreme Court found the claims had no merit, as the trial court permitted increased communication between Flinner and the defense team at the defense's request.Another claim alleged juror misconduct by one panelist who sought to write a book about the trial. Flinner's counsel alleged her objectivity may have been compromised as a result. The state Supreme Court disagreed, though it noted the juror had made misconduct claims about other panelists, which the high court also ultimately ruled were unfounded. 2276

SAN DIEGO (CNS) - San Diego County's unadjusted unemployment rate fell in September with multiple industries in the county showing employment increases, the California Employment Development Department announced Friday.San Diego County's overall unemployment rate fell two-10ths of a percent from 3.6 percent in August to 3.4 percent in September. The September rate was also lower than the county's unemployment rate one year ago, when it sat at 3.7 percent.Total nonfarm employment increased in September compared with August by 700 jobs while agricultural employment increased by 100 jobs. Nonfarm employment now sits at 1,479,500.Government and educational and health services jobs all saw month-over-month increases in employment, largely due to the end of summer recesses and breaks according to the EDD. Local and federal government jobs increased by 5,100 in the county while educational and health services jobs increased by a total of 1,600.The leisure and hospitality industry saw the biggest decline in month-over-month job numbers, losing 2,000 jobs due to the end of summer recesses and breaks. Leisure and hospitality also saw year-over-year losses of 1,700 jobs.Yearly nonfarm employment increased 26,900 jobs, or 1.9 percent, between September 2017 and 2018,  while farm jobs increased by 100 from 2017 to 2018, a 1.1 percent growth rate. The trade, transportation and utilities industry saw the largest year-over-year decline, losing 2,400 jobs. Wholesale 1486

SAN DIEGO (CNS) - San Diego's Old Globe Theatre will present its 15th annual Globe Christmas Tree Lighting Ceremony virtually on its website and social media channels at 6 p.m. tonight to kick off the holiday season.The ceremony will feature songs, videos, and special hellos from some of the theater's favorite company members from the past 22 years, James Vasquez, director of the theater's production of ``"Dr. Seuss' How The Grinch Stole Christmas." The Grinch himself will present the final countdown to the lighting of the tree.Designed by Grinch scenic designer John Lee Beatty, the tree will be located in the center of the Globe's Copley Plaza and will remain through December 31. Holiday photos can be taken in front of the tree each evening.Social distancing and masks are strongly encouraged on the Globe's Copley Plaza.Modeled after Shakespeare's Old Globe in London, San Diego's Old Globe Theatre in Balboa Park was built in 1935 for the presentation of abridged versions of Shakespeare's plays as part of the California Pacific International Exposition.The Old Globe annually produces 15 productions, ranging from Shakespeare to an ongoing emphasis on the development and production of new works. 1219

SAN DIEGO (CNS) - The San Diego City Council voted unanimously today to support Mayor Kevin Faulconer's plan to expand outdoor dining and retail options during the COVID-19 pandemic.The vote follows Faulconer's July 7 executive order that waived requirements for the temporary use of sidewalks and private parking lots as outdoor dining and retail venues to increase space for physical distancing.Tuesday's vote allows businesses to use adjacent on-street parking to operate while also waiving a majority of permitting fees.``Our local restaurant and retail owners have shown incredible resolve and resilience throughout this pandemic. Many of those small businesses have been among the hardest hit and San Diegans are ready to support them safely and responsibly,'' Faulconer said. ``The response we've seen to outdoor dining has been overwhelmingly positive, and this ordinance opens up so many more options for our small businesses as they work hard to rebound and recover.''The plan is expected to impact up to 4,000 restaurants in San Diego that employ more than 55,000 individuals.Previously, securing an outdoor sidewalk cafe permit could cost businesses more than ,000 and take several months to process. This ordinance will help reduce applicant costs and the review process.``Small businesses account for 98% of San Diego companies. Needless to say, the impact COVID-19 is having on our small, independent, and family-owned businesses is monumental,'' City Councilman Chris Cate said. ``Outdoor dining gives businesses a fighting chance to make it another day, and I applaud Mayor Faulconer for his innovative efforts.''The ordinance also allocates 0,000 in further assistance by absorbing permitting costs for the first 500 businesses that apply with remaining applicants paying significantly reduced fees. Part of the funding is specifically for outreach and education on the program for small and disadvantaged businesses.The city will enter into an agreement with the Strategic Alliance of San Diego Ethnic Chambers of Commerce -- comprised of the Asian BusinessAssociation of San Diego, the Central San Diego Black Chamber of Commerce, and the San Diego County Hispanic Chamber of Commerce -- to provide informational materials in multiple languages and target hard-to-reach communities and disadvantaged businesses.``Working together to support communities of color that have been disproportionately impacted by COVID-19 will help restaurants in these communities recover and continue to contribute to this vibrant economic and cultural landscape in San Diego,'' said Donna DeBerry, spokeswoman for the Strategic Alliance of Ethnic Chambers of Commerce.Upon implementation, the mayor's ordinance will:-- allow outdoor business operations for dining and retail in parking lots, on-street parking spaces, and sidewalks as well as neighboring business frontage with written permission of neighboring business owners;-- waive special event permit fees to allow nonprofit applicants to close streets and conduct business outdoors faster and cheaper;-- broaden allowances and reduce required permits for temporary signs;-- allow for expanded wholesale distribution of food, beverages, and groceries directly to consumers while allowing for social distancing;-- preserve mobility, safety and emergency access for pedestrians, and preserve requirements that ADA access and path of travel be maintained at all times;-- require full compliance with all state and county health orders and guidance. 3516

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