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CITY OF SAN LEANDRO LIVING WAGE ORDINANCE <br />any other employee where the application of the Ordinance would be prohibited by State <br />or Federal law. <br />11. Are any exemptions or waivers allowed for a business? <br />Following City Manager review and recommendation, the City Council may approve waivers <br />with or without conditions to any of the Living Wage provisions, upon determination that <br />such action is in the best interest of the City. <br />12. What other types of businesses are not covered by the City of San Leandro Living <br />Wage Ordinance? <br />Commodity suppliers and suppliers of goods (paper, office supplies, equipment, etc.) and <br />their employees are not covered. <br />13. What steps are in place to prevent discrimination or employer retaliation against the <br />provisions of the Ordinance? <br />Retaliation and discrimination against any person on account of having inquired into or <br />having claimed a violation of the Ordinance is unlawful. Any employee who alleges <br />violation of any of the Living Wage requirements may report such acts to the City. The City <br />may investigate such complaints and take appropriate action to enforce the Ordinance. <br />14. How do the worker retention provisions of the Ordinance work? <br />Briefly, any business that replaces another business in a lease, contract, subcontract, etc. is <br />required to offer employment to the employees of the prior tenant or contractor for a <br />period of 90 days. If the new business already has its own employees, then employment <br />must be offered on the basis of seniority to its own and the prior employees. Managerial, <br />supervisory, professional, paraprofessional, and confidential and office employees are <br />exempted from this provision. <br />15. How is the Living Wage Ordinance enforced? Are there penalties against businesses found <br />not to be complying? <br />Employers self-certify compliance. The City may also periodically require employer re- <br />certification and review the businesses living wage related records. Each business is <br />required to allow access to its workforce and living wage related records by authorized City <br />of San Leandro representatives toensure compliance. <br />Violations of the Living Wage Ordinance are subject to fines of up to $5,000, and/or the City <br />may terminate the violator's agreement. Any person may bring action against a business in <br />the Superior Court of California to enforce the measure. <br />Living Wage Ordinance Page 5 <br />