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(9) An employee whose employer employs fewer than ten employees for each working day in each of twenty (20) or more calendar weeks in the current or preceding calendar year. 2.60.090 Retaliation and discrimination prohibited. (a) No employer shall retaliate or discriminate against an employee in his or her terms and conditions of employment by reason of the person's status as an employee protected by the requirements of this Chapter. (b) No employer shall retaliate or discriminate against a person in his or her terms and conditions of employment by reason of the person reporting a violation of this Chapter or for prosecuting an action for enforcement of this Chapter. 2.60.100 Employee complaints to the City. (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 an 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 Codes Sections 6254 and 6255 2.60.110 Private right of action. (a) An employee claiming violation of this Chapter may bring an action in the Superior Court of the State of California, as appropriate, 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, compensatory damages and punitive damages; (3) Reasonable attorney's fees and costs. (b) Notwithstanding any provision of this Chapter or any ordinances to the contrary, no criminal penalties shall attach for any violation of this Article. (c) No remedy set forth in this Chapter is intended to be exclusive or a prerequisite for asserting a claim for relief to enforce any rights hereunder in a court of law. This Chapter shall not be construed to limit an employee's right to bring a common law cause of action for wrongful termination. (d) Nothing in this Chapter shall be interpreted to authorize a right of action against the City. (Source: Ordinance No. 29-01 N.S.)