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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 Department of Defense announced 0 million in awards Thursday for 5G experimentation and testing at five U.S. military test sites, including Naval Base San Diego.The DOD says the projects represent the largest full-scale 5G tests for dual-use applications in the world, with officials from the military, technology industry and academic experts collaborating to advance DOD's 5G capabilities.The San Diego portion of the testing involves a project to develop a 5G-enabled smart warehouse that improves materiel and supply handling, management, storage and distribution for the Navy's Fleet Logistics Center in San Diego and creates a proving ground for testing, refining and validating emerging 5G enabled technologies.A Naval Base Coronado warehouse operated by the Naval Supply Systems Command Fleet Logistics Center will be used to prototype a smart warehouse use case and perform at-scale experimentation.AT&T, GE Research, Vectrus Mission Solutions Corp. and Deloitte Consulting LLP will take part in designing and building the 5G test bed, network enhancements and warehouse specific applications, according to the DOD.Naval Information Warfare Center Pacific will lead the technical assessment and support the implementation and execution of the experiments, performing tests and evaluation, and ensuring the deployed 5G technology and smart warehouse applications meet the expectations of the Navy and the Office of the Under Secretary of Defense for Research and Engineering.Michael Kratsios, Acting Under Secretary of Defense for Research and Engineering, said, "The Department of Defense is at the forefront of cutting- edge 5G testing and experimentation, which will strengthen our nation's warfighting capabilities as well as U.S. economic competitiveness in this critical field."Through these test sites, the department is leveraging its unique authorities to pursue bold innovation at a scale and scope unmatched anywhere else in the world. Importantly, today's announcement demonstrates the department's commitment to exploring the vast potential applications and dual-use opportunities that can be built upon next-generation networks."Other test sites announced Thursday include Hill Air Force Base in Utah, Joint Base Lewis-McChord in Washington, Marine Corps Logistics Base in Albany, Georgia and Nellis Air Force Base in Las Vegas, Nevada. 2395

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) - San Diego Gas & Electric warned its customers Tuesday that a new wave of scammers is targeting them and threatening to cut off their service unless they pay their utility bills immediately with prepaid cards.The most common tactic reported is scammers impersonating SDG&E's billing department and asking for payment via Green Dot MoneyPak, a way of sending cash via prepaid or bank debit cards.According to the utility, in these scams criminals typically threaten immediate power shutoffs to scare customers into making an immediate payment. Once customers purchase prepaid debit cards or make wire transfers based on the scammer's instructions, they are asked to call another phone number to provide the card information, which allows the thieves to steal the money.It can be especially confusing for victims, according to an SDG&E statement, as the phone number scammers use might play a recorded message and menu options that mimic SDG&E's official customer service line, which is 1-800- 411-7343. When victims call the number provided by scammers, they might hear a recorded message that tells them they are calling SDG&E's business line. They are given different menu options, including one to pay their bill or to report a gas leak or power outage.Utility officials say SDG&E will never:-- call a customer to proactively ask for payment information during the call. Customers may receive communications directing them to pay their bill via their MyAccount at sdge.com, use the Billmatrix system, or to call and use the automated pay-by-phone option at 1-800-411-7343-- request that a customer use pre-paid debit cards for payments or cryptocurrencies to pay their bill-- send emails with an online payment method with a QR codeIf a customer is asked for payment over the phone, it is a scam and they should hang up immediately.Utility officials say people should only provide financial information by telephone if the customer initiated the call. If asked to do so by a suspected scammer, they should hang up and call SDG&E directly to verify information about the account. Customers can also view their account status, including bills and payments, through SDG&E's mobile app or via sdge.com/myaccount."Criminals work year-round to come up with new ways to defraud people," according to a company statement. "SDG&E works hard to make sure customers know what to do if they are targeted. Unfortunately, scams are on the rise, especially during times of uncertainty and crises like with the pandemic."Victims of fraud are urged to call SDG&E immediately at 1-800-411-7343 to report it. 2656

SAN DIEGO (CNS) - Sales of previously owned single-family homes and attached properties like condominiums and townhomes both fell more than 15 percent from October to November, according to data released Friday by the Greater San Diego Association of Realtors. Single-family home sales fell from 1,719 in October to 1,452 in November, a 15.5 percent drop. Attached property sales suffered an even steeper drop, falling 22.8 percent from 942 in October to 727 in November. Home sales have trended down in the second half of the year since the high water mark of more than 2,200 single-family homes and nearly 1,200 attached properties sold in June.Month-over-month home prices also fell from October to November, albeit not as drastically. Single-family home prices dropped 1.4 percent from 3,700 to 5,000, while attached property prices fell 5 percent -- from 8,000 to 7,000. Prices of single-family and attached properties have remained steady for most of the year, according to the GSDAR.``The end of the year and the holiday season are usually a sluggish time for home sale activity,'' said SDAR President Steve Fraioli. ``But it does appear that the pace of home price growth has slowed. Buyers should keep watch for price reductions on homes they want for Christmas.'' Year-over-year single-family home sales fell 19.4 percent, from 1,802 in November 2017 to 1,452 last month. Attached property sales likewise fell 20.3 percent, from 912 to 727.Median prices for single-family homes ticked up slightly, increasing 1.6 percent from 5,000 in November 2017 to 5,000 last month. Year-over-year attached property prices dipped by 2 percent, however, from 5,000 in November 2017 to 7,000 this year.According to the GSDAR, Realtors sold 39 single-family homes in Encanto last month, the most of any zip code in San Diego County. 1858

来源：资阳报