8D Consent 2007 0730 - Laserfiche WebLink

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(f) A temporary employee of the City of San Leandro who is employed for a limited term to a regular or non-regular position including casual, seasonal and emergency appointments with no guarantee of continued employment beyond the initial hire season. (g) Volunteers. (h) Employees who are standing by or on-call according to the criteria established by the Fair Labor Standards Act, 29 U.S.c. Section 201. This exemption shall apply only during the time when the employee is actually standing by or on-call. (i) Employees of contractors and subcontractors subject to the requirements of Division 2, Part 7, of the California Labor Code, for payment of prevailing wage when prevailing wage requires compensation greater than that required by this chapter. (j) An employee for whom application of the requirements of this chapter is prohibited by state or federal law. (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 I 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 ofthis 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 staffmg 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. ORDINANCE NO. 2007-018 7