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(k) An employee subject to a bona fide collective bargaining agreement where the waiver of the provisions of this chapter are set forth in clear and unambiguous terms in such an agreement. Section 11. Retaliation and Discrimination Prohibited; Worker Retention - Section 1-6- 645 of Title 1 of the San Leandro Municipal Code is hereby added as follows: (a) It shall be unlawful to retaliate or discriminate against any person on account of having inquired into or having claimed a violation of this chapter. (b) Each entity which is to replace a prior entity, subject to the requirements of this chapter, and described in Section 6, shall offer employment to the Employees of the prior entity. Such Employees may be not be terminated by the new entity during the first 90 days except for just cause. The new entity may operate at lower staffing levels than its predecessor but in such event, shall place its predecessor's Employees on a preferential reinstatement list based on seniority. For purposes of this Section, an entity "replaces" another if it (1) assumes all or part of the lease, contract, subcontract or City aid of a prior employer, and (2) offers employment which Employees of the prior entity can perform. Nothing herein shall be construed to require that supervisory, managerial or confidential Employees retained by the new contractor be kept in a supervisory, managerial or confidential position. Section 12. Employee Complaints to the City - Section 1-6-650 of Title 1 of the San Leandro Municipal Code is hereby added as follows: (a) An employee who alleges violation of any provision of the requirements of this chapter may report such acts to the City. The City Manager may establish a procedure for receiving and investigating such complaints and take appropriate enforcement action. (b) Any complaints received shall be treated as confidential matters to the extent permitted by law. Any complaints received and all investigation documents related thereto shall be deemed exempt from disclosure pursuant to California Government Code Sections 6254 and 6255. Section 13. Enforcement - Section 1-6-655 of Title 1 of the San Leandro Municipal Code is hereby added as follows: (a) A person claiming violation of this chapter may bring an action in the Superior Court of the State of California against an employer and obtain the following remedies: 1. Back pay for each day during which the employer failed to pay the compensation required by this chapter. 2. Reinstatement and compensatory damages. 3. For a willful violation of this chapter, a court may award as a penalty up to treble the amount of monies to be paid as damages. 4. Reasonable attorney's fees and costs. 7