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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 City Council's Active Transportation and Infrastructure Committee unanimously voted today to send a set of regulations on dockless electric scooters and bicycles to the full council.Should the full council vote in favor of the regulations, scooter riders would be banned from parking scooters and bicycles in hospital and school zones, beach area boardwalks, the perimeter of Petco Park and the north and south legs of the Embarcadero. Riders and scooter company employees would also only be able to park scooters in groups of four in designated areas on the street, with at least 40 feet between groups. Scooter speeds, currently a maximum of 15 mph, would be slowed to 8 mph in high-traffic areas like Spanish Landing, Petco Park and Balboa Park, and 3 mph on the Embarcadero and the Martin Luther King Jr. Promenade. Scooter companies would use geofencing technology to limit parking abilities and speeds in specific areas, technology that Bird already uses in areas like the Santa Monica Beach Bike Path.The city would also require scooter companies to apply for a six-month operational permit with a to-be-determined fee and pay 0 per scooter or bike each year. Scooter companies could only renew permits in January or June, bike each year. Scooter companies could only renew permits in January or June, estimate roughly 20,000 scooters are active within city limits, but companies are currently not compelled to report the size of their fleets. City Council members Chris Ward, Chris Cate and Vivian Moreno agreed City Council members Chris Ward, Chris Cate and Vivian Moreno agreed as the scooter and GPS technology changes. Because of that, the committee voted to bring the regulations back to the committee six months after their date of implementation, should the council approve them."I do want to see further improvement on this but I haven't heard anything in the mayor's proposal ... that is disagreeable,'' Ward said. "Everything there is somewhat of a foundation but we need more work on this for this to truly work.''Ward and Moreno also added an amendment making it more difficult for underage residents to start and ride a dockless scooter."We absolutely want to make sure that these modes of transportation are available throughout the whole city and not just in the downtown area,'' Moreno said. "I've seen a lot of underage riders operating scooters and Idon't see any provision in this ordinance that specifically requires operators to do something to stop children from illegally riding scooters.''Representatives from scooter companies Bird, Lime, Razor and Lyft all expressed support for the regulatory package, while some residents framed the proposal as not doing enough to ensure the safety of San Diego pedestrians."As the creator of e-scooter sharing, we have seen first-hand how vital it is for our transportation solution to be integrated thoughtfully into a community,'' said Bird spokeswoman Kyndell Gaglio. ``We take the importance of protecting the safety and welfare of our riders and community very seriously and so we commend San Diego on its efforts to develop clear and impactful regulations.''Mayor Kevin Faulconer originally proposed a similar set of regulatory concepts in October, which the council's Public Safety and Livable Neighborhoods Committee approved while requesting a fleshed-out version. Faulconer's proposed the current version of the regulations last week after months of pressure from residents concerned about public safety and from transportation advocates who didn't want the scooters banned outright.The city attorney's office is also in the process of responding to a lawsuit against the city and the scooter companies for failing to stop residents from using the scooters on the city's sidewalks. 3806

SAN DIEGO (CNS) - San Diego County has seen a nearly 5% increase in its response to the 2020 Census above the 2010 response rate, according to state census data.Data collected through Tuesday indicates 72.9% of county households have responded this year, as opposed to 68% in 2010, mirroring an increased response rate statewide.Census officials say that California's 2020 self-response rates surpassed the 2010 rate on Wednesday, with 68.4% of California households responding either online, by phone or mail. The 2010 rate was 68.2%.State census officials touted the success of their outreach campaign, particularly given California is considered one of the ``hardest-to-count'' states in the country due its size and a high number of people who are difficult to contact for census purposes, such as recent immigrants, people who lack high-speed internet access or people with limited English proficiency.Campaign efforts will continue until the Sept. 30 deadline.``It is through the collective efforts of millions of Californians that we have surpassed our 2010 self-response rate. But make no mistake -- we are not done yet. We know the hardest-to-count Californians still may be missed or undercounted given the shortened deadline, so it's essential these households complete the form now,'' said Ditas Katague, director of the California Complete Count -- Census 2020.``With two weeks left, our message is loud and clear: Californians need to act and fill out their Census forms,'' Katague added. ``We have just days to secure funding and representation in our state for the next decade. We haven't been without our challenges -- federal operational changes and instability, the impact of COVID-19, wildfires and more. Given all that, we are proud of this milestone and all those who have stood up to be counted for their families and their communities.'' 1869

SAN DIEGO (CNS) - The Port of San Diego announced Monday a three-year pilot project to test the use of concrete tide pools as a shoreline stabilizing tool. The concrete company ECOncrete will analyze the efficacy of its concrete tide pools as a possible replacement for traditional shoreline-stabilizing tools like rock armoring. The concrete tide pools will also serve as ecosystems for aquatic animals and organisms that live in natural tide pools. The tide pools interlock like puzzle pieces and are made of low carbon concrete that, according to the company, is environmentally safe and tailored to the environment in which its placed. ECOncrete plans to install 72 of the concrete tide pools across three areas of Harbor Island's shoreline, according to the Port of San Diego. ``ECOncrete's Coastal Star tide pools have great potential to provide many benefits for San Diego Bay,'' said Port of San Diego Board Chair Garry Bonelli. ``The Port looks forward to seeing if they can provide shoreline stabilization, help guard against coastal flooding, and improve the ecology of our bay water.'' The project is the eighth approved in the Port of San Diego's Blue Economy Incubator, which is intended to streamline the process in which businesses can launch pilot projects for so-called blue technology. The port launched the incubator program in 2016 as a way to collaborate with businesses focused on restoring ecosystems, improving water quality and fisheries and monitoring the environment. ECOncrete plans to monitor the tide pools every six months to examine how they could replace current shoreline stabilizers in the San Diego Bay. The best-case scenario, according to the company, would be protecting the city from rising water levels due to climate change while also protecting and sustaining local marine life. ``We are eager to help protect the city's coastlines while increasing resilience and rejuvenating the marine ecosystem of the area,'' said ECOoncrete CEO Shimrit Perkol-Finkel. ``The newly developed Coastal Star tide pool in partnership with the Port of San Diego will help change the way our future coastlines look and function.'' 2162

SAN DIEGO (CNS) - The city of Santee called on residents today to help it develop a brand to market the city to tourists, businesses and potential residents.Santee recently partnered with North Star Destination Strategies to develop a marketing brand for the city. To that end, the marketing agency launched an online survey for Santee residents to give feedback on the city's strengths, weaknesses and challenges. Responses to the survey are anonymous, according to North Star Destination Strategies."We have partnered with more than 250 communities across North American and I can't emphasize enough the importance of insights gleaned from community members," North Star Founder Don McEachern said.Residents can access the survey at the city's website and submit it electronically. The survey is also available in physical form at Santee City Hall. The surveys must be submitted by Sept. 2 to be considered."It is important for us to celebrate what we love about our community and share it with others," Santee Mayor John Minto said. "The future is bright in Santee; I sure hope you can see it because I can." 1119