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LOS ANGELES (CNS) - Uber and Lyft will keep operating in San Diego and across California -- for now -- with a state appeals court Thursday putting on hold a ruling requiring the ride-hailing companies to classify their drivers as employees instead of independent contractors.The decision by the state's 1st District Court of Appeal averted threats by Uber and Lyft to shut down all California operations at midnight. Uber officials said earlier this week they would likely shut down, and Lyft issued a statement earlier Thursday saying its operations would be halting at midnight.In a blog post on Thursday morning, Lyft stated: “At 11:59PM PT today our rideshare operations in California will be suspended. This is not something we wanted to do, as we know millions of Californians depend on Lyft for daily, essential trips.”Lyft added: “This change would also necessitate an overhaul of the entire business model -- it’s not a switch that can be flipped overnight.”The dispute traces its roots to the state's passage of Assembly Bill 5, which effectively required the companies to classify their drivers as employees, a move supporters said would guarantee their wages and assure them of other benefits and workplace protections.The companies, however, said the move would require a complete overhaul of their operations and would actually hurt drivers -- forcing them to work set schedules instead of giving them the flexibility to work only when they wanted. The companies also said the move would result in many drivers losing their jobs unless they could work standard hours, and would likely also harm overall service for riders.California Attorney General Xavier Becerra, and the city attorneys of San Diego, Los Angeles and San Francisco argued in court that Uber and Lyft have misclassified their drivers as independent contractors, preventing them from receiving "the compensation and benefits they have earned through the dignity of their labor" such as the right to minimum wage, sick leave, unemployment insurance and workers' compensation benefits.On Aug. 10, San Francisco-based Judge Ethan P. Schulman ruled against the companies, but he stayed his decision for 10 days to give them time to appeal. They did so, resulting in Thursday's last-minute ruling putting Schulman's ruling on hold.The court, however, warned the companies to continue preparing for the possible switch to employee drivers, saying each company must submit a sworn statement by Sept. 4 "confirming that it has developed implementation plans." The companies must also affirm they are prepared to actually implement those plans and switch to the employee system within 30 days if they ultimately lose their appeal and a company-sponsored measure on the November ballot fails.That ballot measure, Proposition 22, would allow ride-hailing drivers to work as independent contractors.The court scheduled oral arguments in the appeal for Oct. 13.Lyft contends that four out of five drivers prefer working as independent contractors so they can have more flexibility. 3056

LOS ANGELES (AP) — A former business manager of Stan Lee has been arrested on elder abuse charges involving the late comic book legend.Los Angeles police say Keya Morgan was taken into custody in Arizona early Saturday on an outstanding arrest warrant.Morgan was charged earlier this month with felony allegations of theft, embezzlement, forgery or fraud against an elder adult, and false imprisonment of an elder adult.Authorities say Morgan sought to manipulate and exert control over Lee even though he didn't have authority to act on Lee's behalf.Lee died in November at the age of 95.Attorney Alex Kessel has said Morgan has never abused or taken advantage of Lee. An email was sent Saturday to Morgan's attorneys.Bail has been set for 0,000. Morgan will eventually be extradited to Los Angeles. 811

LOS ANGELES (CNS) - The captain of the Conception, a Santa Barbara- based dive boat that caught fire last year near Santa Cruz Island, resulting in the deaths of 33 passengers and one crew member, was indicted today by a federal grand jury in Los Angeles on 34 counts of seaman's manslaughter.Jerry Nehl Boylan, 67, of Santa Barbara, was named in the indictment that alleges Boylan, as the captain and master of the vessel, ``was responsible for the safety and security of the vessel, its crew, and its passengers.''Each of the 34 little-used seaman's manslaughter counts carries a penalty of up to 10 years in federal prison, according to the U.S. Attorney's Office.Federal prosecutors informed Boylan's attorneys of the indictment after it was filed, and the defendant is expected to self-surrender to federal authorities in the coming weeks.The indictment alleges that Boylan caused the deaths of 33 passengers and one crew member -- including two Santa Monica residents -- ``by his misconduct, negligence, and inattention to his duties.''Marybeth Guiney and Charles McIlvain, diving enthusiasts who lived in the same Santa Monica condominium complex, were among the nearly three dozen people trapped aboard the Conception when it sank amid a three-day Labor Day weekend diving trip to the Channel Islands.The indictment cites three specific safety violations: failing to have a night watch or roving patrol, which was required by the Code of FederalRegulations and for over 20 years was a requirement in the Conception's Certificate of Inspection issued by the U.S. Coast Guard; failing to conduct sufficient fire drills, which are mandated in the CFR; and failing to conduct sufficient crew training, which was also required by the CFR.The 75-foot, wood-and-fiberglass passenger vessel docked in Santa Barbara Harbor. On what would be its final voyage, the boat carried 33 passengers and six crew members.During the predawn hours of Sept. 2, 2019, a fire broke out while the boat was anchored in Platt's Harbor near Santa Cruz Island. The fire, which engulfed the boat and led to its sinking, resulted in the deaths of 34 people who had been sleeping below deck. Boylan was among five crew members who were able to escape.``As a result of the alleged failures of Captain Boylan to follow well- established safety rules, a pleasant holiday dive trip turned into a hellish nightmare as passengers and one crew member found themselves trapped in a fiery bunk room with no means of escape,'' said U.S. Attorney Nick Hanna.``The loss of life that day will forever impact the families of the 34 victims. With this indictment and our commitment to vigorously prosecute the case, we seek a small measure of justice for the victims and their loved ones.''The fire aboard the Conception is one of California's deadliest maritime disasters, prompting criminal and safety investigations. The families of victims have filed claims against the boat owners, Glen and Dana Fritzler and Truth Aquatics, and the Fritzlers and the company, in turn, filed a legal claim to shield them from damages under a maritime law that limits liability for vessel owners.The families' suits allege that the 41-year-old Conception was in blatant violation of numerous Coast Guard regulations, including failing to maintain an overnight ``roving'' safety watch and failure to provide a safemeans for storing and charging lithium-ion batteries, and that the below-decks passenger accommodations lacked emergency exits.``Nothing will ever replace the 34 lives that were lost in the Conception tragedy,'' said Special Agent in Charge Kelly S. Hoyle of the Coast Guard Investigative Service-Pacific Region. ``Our hearts remain with the families as the Coast Guard continues to work with our partners in the Department of Justice on this investigation.'' 3828

LOS ANGELES (AP) — A judge in California has ordered immediate testing of all detainees and staff at an immigration detention center where COVID-19 was spreading for weeks while officials refused to test for the virus. The Los Angeles Times reports federal District Court Judge Vince Chhabria ordered the U.S. Immigration and Customs Enforcement agency to conduct quick-result testing of everyone in the Mesa Verde ICE Processing Facility in Bakersfield. Chhabria’s order followed results Friday showing nearly half of the detainees tested earlier in the week were positive. A public defender says initial results from quick tests Saturday found 11 more positive cases. 677

LONGMONT, Colo. -- Rosemary Bieker is the owner of a boutique store called Ivy Rose.“Ivy Rose has been in business a little over three years, and it’s a boutique full on on-trend clothing for women of all generations,” Bieker said.Bieker was inspired to start her own boutique after helping people look their best as a personal shopper for 15 years.“The store is a culmination of everything I’ve done in my career.”However, owning a small business is a fairly new endeavor for Bieker. So when the pandemic hit, it hit hard.“Business is down 50% from last year, so that in itself is a financial challenge,” Bieker said.Even with gloves, hand sanitizer and social distancing rules to stay safe, the truth is, fewer people are out shopping. Bieker says she had to learn how to do business virtually. The first step was upping her social media game.“I think I worked harder from March 17, when we were closed, until we reopened, than I ever have in the history of my store. Because you’re learning – like I didn’t know how to make a video, let alone a video of myself."After improving her social media, she knew she had to dig a little deeper to keep customers engaged. However, she didn’t want to go the e-commerce route – selling clothes through a website.“My passion is working with people and helping them one-on-one and wardrobing them and getting the feedback from them," Bieker said. "And e-commerce you basically put things in boxes, you ship them out.”Bieker doesn’t stand alone. Director of Denver Metro Small Business Development Center China Califf says most small businesses in retail thrive on the one-on-one connection with customers. That’s what sets them apart.“Maybe they didn’t have a product line that transitioned well to e-commerce but I’ve seen a lot of businesses that have been like ‘OK, now I have to enter into that space so I’m going to create something that’s aligned with what I already sell in my business and we’ll start with that,'” Califf said.Califf says the small business development center has received request after request of businesses seeking support to move business online. The center offers free consulting from industry experts and provides training courses.At Ivy Rose, Bieker found her own creative online solution. She calls it virtual shopping.“I schedule an appointment through Zoom," Bieker said. "And then what I do is I tour the store with the person just like if you were walking through the store yourself. So I go from rack to rack to rack. And that sounds overwhelming, but really it isn’t, especially if you’re interacting with the person.”Then Bieker rings up the purchase and can get it to the customer through shipping, curbside pickup or delivery if it’s local. Califf says the challenging growth small businesses have faced this year will help them in the future when competing with large companies that sell their products online.“It’s here to stay probably because when you think about diversifying your products and your sales channels, this is a good way to do it," Califf said. "And it’s an unfortunate time for people to be forced into that, but some of it will be lasting.”Bieker says her system has attracted new customers from out of state and she’s confident virtual shopping will continue even after the pandemic.“It’s fun. I enjoy it. It’s not that much different than someone being in the store.” 3377

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