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SAN DIEGO (CNS) - Restaurant chain Tapioca Express has agreed to pay more than 0,000 to settle a federal sexual harassment lawsuit involving two franchises in Chula Vista and National City, where the owner was accused of making unwanted sexual advances toward young female employees, the U.S. Equal Employment Opportunity Commission reported Monday. Tapioca Express will pay 2,500 due to the unidentified restaurant owner's conduct toward Filipina employees between the ages of 17 and 23, according to the EEOC, which reported the harassment involved "repeated and unwanted comments of a sexual nature and physical contact," which led some employees to quit their jobs. The EEOC did not specify how many employees were harassed, but alleged that a written complaint did not lead to any changes regarding the harassment. "We commend the young women for coming forward to shine a light on the harassment to which they were subjected," said Christopher Green, director of the EEOC's San Diego office. "Their strength may give courage to other young people or those in the Asian American and Pacific Islander community who may be suffering harassment or discrimination in the workplace to come forward as well."In addition to the settlement money, Tapioca Express will hire an "external monitor" to review sexual harassment policies and procedures and establish a complaint procedure for employees. Anti-sexual harassment training will also be provided to all employees. "Harassment remains a persistent problem in the workplace, which must be addressed top-down in any company," said Anna Park, regional attorney for EEOC's Los Angeles district office. "We are encouraged by the steps Tapioca Express has taken to resolve this matter and the measures it has put in place to prevent workplace harassment and discrimination." 1834

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 reported 3,252 COVID-19 infections today, while virus-related hospitalizations continued to increase as the first batch of Moderna vaccines arrived in the area.The number of daily infections reported Monday marked the third- highest daily increase since the pandemic began, following only Friday's 3,611 and Saturday's 3,493. Together with Wednesday's 2,807 cases and Thursday's 2,604, the top five-highest daily case counts have all occurred in the past week.Monday's total also marked the third time the number of daily infections has surpassed 3,000 and the 21st consecutive day with more than 1,000 cases. It was also the 14th day overall with more than 2,000 new cases.The new cases gave the county a cumulative total of 129,717 confirmed cases from throughout the pandemic. The county also announced three more COVID-related deaths, raising the overall death toll to 1,283.Another 32 people were hospitalized as of Monday, with one additional person sent to an intensive care unit. A total of 1,296 people were hospitalized due to the virus, with 334 of those in ICUs -- both records.A drop of 43 non-COVID patients in the region's ICU freed up space Monday. Roughly 22% of ICU beds were available in San Diego County, compared to 19% reported Sunday.Rady Children's Hospital reported Monday it has received a second batch of the Pfizer vaccine, along with the first vials of the Moderna vaccine. ``We began vaccinating our highest risk team members last week,'' according to the hospital. ``This latest shipment is another big step forward, allowing us complete our highest risk staff and to begin offering the vaccine to those in our high risk categories. We are in the process of notifying the next wave of team members who are eligible to schedule their vaccination.''The new batches of vaccines will join the 28,275 Pfizer doses that arrived last week in the region, with first priority going to civilian acute health care workers. San Diego County is home to 82,623 health care workers working in hospital or psychiatric facilities, and 39,755 of them are considered ``highest risk'' and will first receive vaccines.An undisclosed number of vaccines for military personnel arrived at Naval Medical Center San Diego and Naval Hospital Camp Pendleton last week as well.With intensive-care unit capacity still officially considered to be zero across the 11-county Southern California region, Gov. Gavin Newsom said Monday the regional stay-at-home order imposed by the state for the entirety of Southern California will almost assuredly be extended beyond next week's expiration date.``We are likely, I think it's pretty self-evident, going to need to extend those regional dates,'' Newsom said. ``... Based upon all the data and based upon all these trend lines, it is very likely based on those current trends that we'll need to extend that stay at home order, (which) you recall was a three-week order when we announced it.''The stay-at-home order took effect at 11:59 p.m. Dec. 6, and was originally set to end on Dec. 28. Newsom did not give an indication of exactly when a decision on extending the order will be made, or much long the order will remain in place.Of 28,383 tests reported Monday in San Diego County, 11% returned positive, raising the 14-day average to 9.5%.There was one new outbreak reported, which brings the total number of outbreaks within the last seven days to 40. 3469

SAN DIEGO (CNS) - The Nature Index research database announced today that UC San Diego ranks in the top 10 worldwide among institutions researching biomedical science topics.UCSD ranked sixth among the top-200 academic institutions and ninth among healthcare institutions worldwide in biomedical sciences. The university's branch of the Ludwig Institute for Cancer Research also ranked 42nd among the top biomedical science non-governmental organizations in the country.The rankings come from Nature Index, which tracks high-quality scientific research, studies and articles and the institutions with which they're associated. For the biomedical science rankings, Nature Index reviewed55 journals chosen by an unaffiliated group of scientists with articles that span from 2012 to 2018.According to Nature Index Chief Editor Catherine Armitage, biomedical science can describe a variety of research topics such a genetics, microbiology and biochemistry."Biochemistry and cell biology, and genetics are the biggest fields by article count, but microbiology and biomedical engineering, reaping rewards from CRISPR and the microbiome, are the fastest rising among the top 10 fields of research,'' Armitage said.Harvard University topped both lists of healthcare institutions.Stanford University, UC San Francisco, Yale University and University of Pennsylvania rounded out the top five among university-affiliated biomedical science institutions.Worldwide, the National Institute of Health, the Chinese Academy of Sciences, Stanford and Germany's Max Planck Society flanked Harvard."These new rankings reinforce other third-party endorsements of UC San Diego's faculty and the quality of its research,'' UCSD Chancellor Pradeep Khosla said. "Our biomedical researchers continue to discover solutions to theworld's most pressing health issues.'' 1848

SAN DIEGO (CNS) - The average price of a gallon of self-serve regular gasoline in San Diego County dropped a half-cent Friday to .989, the 17th decrease in the last 18 days.The average price has fallen 11.1 cents during the past 18 days, including 1 cent Thursday, according to figures from the AAA and Oil Price Information Service.It is 4.1 cents less than one week ago and 7.6 cents lower than one month ago, but 23.4 cents more than one year ago.TRAFFIC: Check conditions for your Memorial Day weekend drive 521

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