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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 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 local U.S. Attorney's Office announced Monday that one of its prosecutors will oversee efforts to handle complaints of voting rights abuses and election fraud in the Southern District of California, which includes San Diego County.Assistant U. S. Attorney Christopher P. Tenorio has been appointed to serve as the District Election Officer for the region. Tenorio will oversee local reports of potential election fraud and voting rights violations through Election Day, in consultation with Justice Department headquarters in Washington, D.C."Every citizen must be able to vote without interference or discrimination," U.S. Attorney Robert Brewer said. "The Department of Justice is committed to protecting the integrity of the election process, stopping fraud, and making sure votes are not stolen."Tenorio will be on duty when the polls are open, according to the U.S. Attorney's Office, and members of the public can reach him by calling 619-909-7556.Additionally, the FBI will have special agents and an Election Crimes Coordinator available in field offices throughout the country to hear reports of potential fraud and other crimes related to the election. The public can contact the San Diego FBI at 858-320-1800.Any cases of violence or active intimidation should be reported by calling 911, however.Brewer said, "Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available to my office, the FBI or the Civil Rights Division." 1635

SAN DIEGO (CNS) - San Diego County public health officials reported a record 1,546 COVID-19 infections today, the 14th consecutive day that more than 600 new cases were reported, along with 16 additional deaths.The county's coronavirus death toll now stands at 984, and the cumulative case total rose to 74,361.The previous one-day case record was last Saturday, when 1,478 new COVID-19 cases were logged, topping the previous record of 1,091 set Friday. On Sunday, 939 new cases were reported.San Diego County fell deeper into the most restrictive purple tier of the state's four-tiered reopening plan Tuesday with an unadjusted 21.5 new COVID-19 cases per 100,000 population. Even with an adjusted rate of 13.1 per 100,000 due to significant testing increases by local health authorities, that number far exceeds the strictest tier's baseline of seven daily cases per 100,000.A total of 17,329 tests were reported Tuesday and 9% of those came back positive, raising the 14-day rolling average of positive tests to 5.3%.The number of patients hospitalized with COVID-19 continues to rise, with 518 hospitalized in the county and 151 in intensive care, more than double the numbers of a month ago.Of the total number of cases in the county Tuesday, 4,435 -- 6% -- have required hospitalization and 1,002 patients -- 1.3% of all cases -- had to be admitted to an intensive care unit.A total of 15 new community outbreaks were confirmed Tuesday. Over the previous seven days, 73 community outbreaks were confirmed. A community outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days.San Diego County Public Health Officer Dr. Wilma Wooten advised caution as the Thanksgiving holiday looms.``There should be a small number of people and gatherings should be short in duration,'' she said. ``We are asking people to please follow the public health guidance to provide a safe experience for everyone attending the gathering.'' 1998

SAN DIEGO (CNS) - The city of San Diego announced a partnership with county officials Monday to address staffing and capacity concerns for a program that assists frequent 911 callers and reduces the strain on the county's emergency response centers.The San Diego Fire-Rescue Department's Resource Access Program launched as a pilot program in 2008 and has both contracted and expanded since.The program connects frequent 911 callers, many of whom deal with homelessness, mental illness, substance abuse and other medical issues, to local health and housing services.According to the city, roughly 90% of people in the RAP who call 911 more than 30 times annually are homeless. Although the program's members make up fewer than 1% of the city's population, they generate roughly 20% of its 911 calls.``Using a data-driven approach, we are identifying those San Diegans who need specialized care and connecting them with the help they need so they don't have to call 911,'' Faulconer said. ``It's a shining example of how the city and county can work together to find solutions to our region's mental health crisis.''The program reduced its size in 2017 due to a lack of funding, according to the city. As a result, the number of patients with more than 50 911 calls per year increased from one in 2016 to 26 in 2018. Last month, the program added six new positions as the city and county aim to restore its effectiveness to a level similar to earlier in the decade.``Our region needs action tackling the challenges of providing mental health services and this city-county collaboration is critical to helping meet that need,'' Fletcher said. ``Teams of trained medical and mental health professionals from the county and city through the Resource Access Program can quickly take action to help people experiencing a behavioral health emergency. This partnership exemplifies a great spirit of cooperation and progress.'' 1926