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SAN DIEGO (CNS) - In a ruling stemming from a lawsuit brought the city attorneys of San Diego and two other cities and the state, a federal judge today granted a preliminary injunction against ride-hailing companies Uber and Lyft, requiring them to classify their drivers as employees rather than independent contractors in accordance with a new state law.San Francisco-based Judge Ethan P. Schulman ruled in favor of California Attorney General Xavier Becerra, and the city attorneys of San Diego, Los Angeles and San Francisco in their lawsuit alleging Uber and Lyft have misclassified their drivers, preventing them from receiving ``the compensation and benefits they have earned through the dignity of their labor.''The suit alleges the companies are violating Assembly Bill 5, which went into effect Jan. 1 and seeks to ensure ``gig workers'' misclassified as independent contractors are afforded certain labor protections, such as the right to minimum wage, sick leave, unemployment insurance and workers' compensation benefits.Both companies issued statements indicating they would appeal the ruling, which is scheduled to go into effect in 10 days.Schulman wrote in his ruling that ``both the Legislature and our Supreme Court have found that the misclassification of workers as `independent contractors' deprives them of the panoply of basic rights and protections to which employees are entitled under California law, including minimum wage, workers' compensation, unemployment insurance, paid sick leave and paid family leave.''The judge said that under the ``ABC test'' used to determine whether a worker is an employee or an independent contractor, the companies would not be able to argue their drivers are independent contractors as they perform work that is within the company's usual course of business.Schulman recognized that the injunction could have major impacts for the companies, as well as some drivers who prefer to remain independent, and wrote that ``if the injunction the People seek will have far-reaching effects, they have only been exacerbated by Defendants' prolonged and brazen refusal to comply with California law.''The campaign for Proposition 22, a proposed ballot initiative sponsored by Uber and Lyft that would allow rideshare drivers to work as independent contractors, decried the ruling.``We need to pass Prop 22 more than ever,'' said Jan Krueger, a retiree who drives with Lyft in Sacramento. ``Sacramento politicians and special interests keep pushing these disastrous laws and lawsuits that would take away the ability of app-based drivers to choose when and how they work, even though by a 4:1 margin drivers want and need to work independently.We'll take our case to the voters to protect the ability of app-based drivers to work as independent contractors, while providing historic new benefits like an earnings guarantee, health benefits and more.''San Diego City Attorney Mara W. Elliott called the ruling ``a milestone in protecting workers and their families from exploitation by Uber and Lyft, I'm proud to be in this fight to hold greedy billion-dollar corporations accountable, especially when a pandemic makes their withholding of health care and unemployment benefits all the more burdensome on taxpayers.''AB 5's author, Assemblywoman Lorena Gonzalez, D-San Diego, said, ``Uber and Lyft have been fighting tooth and nail for years to cheat their drivers out of the basic workplace protections and benefits they have been legally entitled to. They have enriched their executives and their bottom line, while leaving taxpayers on the hook to subsidize the wages and benefits of their drivers.``Today, the court sided with the People of California. I'm thankful to our Attorney General and city attorneys for demanding justice for the hundreds of thousands of rideshare drivers in California.'' 3862
SAN DIEGO (CNS) - Jury selection is expected to begin Tuesday in the trial of a Yuma police officer accused of raping a 23-year-old woman while off-duty during a visit to San Diego last year. 199
SAN DIEGO (CNS) - A local realtor who molested two underage girls apologized to his victims during a court hearing Friday, while those speaking on behalf of the victims said they could take solace in the fact that he will likely spend the rest of his life behind bars.Donald Edward Hickey, 62, pleaded guilty last month to five felonies, including lewd and lascivious acts with a child and possession of child pornography for material investigators found on three separate devices.Hickey was initially set to be sentenced to a 25-years-to-life term on Friday, but the hearing was postponed until Sept. 6 so that an interview can be conducted for his probation report, which could affect his future in-custody housing considerations.Prosecutors did not disclose how Hickey knew the victims, but according to Deputy District Attorney Stephen Marquardt, the molestations occurred sometime between 2009 and 2012 in San Diego County. Hickey was arrested last year following a cyber tip sent to the National Center for Missing and Exploited Children.The former Clairemont resident, who worked as a real estate agent out of La Jolla, was found to have ``thousands'' of videos and images of child pornography in his possession, some of which depicted Hickey abusing children.``This defendant not only preyed on these children, but he also memorialized what he did so that he could retain a copy of the real-time abuse of those children,'' Marquardt said.Hickey's attorney, Danielle Iredale, said Hickey was molested by a local man in his neighborhood when Hickey was between the ages of 10 and 12.Hickey told those in attendance, ``I'm sorry for everything that's happened. I take responsibility for it and I hope they do heal from it.'' Despite the postponed sentencing, victims were allowed to speak Friday in case they could not attend Hickey's sentencing next month.One of the girls, identified in court only as Jane Doe 2, said she was working to put the experience behind her, and was working on forgiving Hickey, though ``I am conflicted,'' she said. ``Because I don't know how you came to be the way you are and feel sympathy for your sickness. She said she was nervous about speaking at the hearing, but would regret it if she didn't.``No teenager should be in a situation where they sit down and think about what they're going to say to a pedophile,'' Jane Doe 2 said. ``No parent should have to decide whether or not to tell their child that they have been assaulted. I hate that you put my family in that position.''Jane Doe 1 did not attend the hearing. Her older sister told Hickey that she wanted to attend, but ``was absolutely terrified to see your face.'' The mother of Jane Doe 1 said she ``screamed and cried in absolute agony and devastation'' when she discovered what had happened to her daughter, who she said still suffers from nightmares and trauma, according to her mother.``To find out the ugliness and deception of what you had been doing with my child is almost more than I can bear,'' she said.Hickey will remain in custody without bail until his sentencing hearing. 3096
SAN DIEGO (CNS) - A woman who caught herself on fire in her kitchen and her husband were burned when he rushed in to help his wife inside their home in the Bay Terraces neighborhood Sunday, fire officials said.The stove fire inside a home on the 7500 block of Careybrook Lane ignited about 3 p.m. Sunday, fire officials said.The husband used whatever he could find in order to help his wife, San Diego Fire Department Battalion Chief Brian Raines said."Eventually, there was water used from a bathroom," San Diego police Lt. Mike Ramsay told the station. "But due to whatever was used (by the husband) part of the flash, part of the fire, his clothing caught on fire."The husband and wife were taken to the UCSD hospital burn center. Their current conditions were unknown. 780
SAN DIEGO (CNS) - Governor Jerry Brown appointed two San Diego residents to state boards on Monday.Clinical psychologist Mary Harb Sheets, 65, was appointed to the Board of Psychology. Harb Sheets, who is registered without party preference, has worked in private practice since 1994 and as a staff psychologist at the consulting firm Workplace Guardians Inc. since 2000.Her position does not require Senate confirmation.Brown appointed Debra Reed, 62, to the California Horse Racing Board of Directors. Reed, who is registered without party preference, held several positions at Sempra Energy from 2010 to 2018, including executive chairman, chairman, president and CEO and executive vice president.Reed held several positions at San Diego Gas and Electric and Southern California Gas Co. from 2000 to 2010, including president and CEO, president and chief operating officer and president and chief financial officer, and is a member of the boards of directors of Rady Children Hospital Health Center; Caterpillar Inc.; Chevron Corp.; and State Farm Mutual.Reed's appointment require confirmation by the state Senate.The compensation for both positions is 0 per diem. 1179