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Ordinance No. 06-019 <br />October 17, 2006 <br />Page 7 of 9 <br />e. A temporary employee of the City of Emeryville who is employed for a limited <br />term to a regular or non-regular position including casual, seasonal and <br />emergency appointments with no guarantee of continued employment beyond the <br />initial hire season. <br />£ Volunteers. <br />g. Owners of a business who are also employees of the business and their <br />immediate family members (spouse, domestic partner, parent, siblings and <br />children). <br />h. Employees who are standing by or on-call according to the criteria established by <br />the Fair Labor Standards Act, 29 U.S.C. section 201. This exemption shall apply <br />only during the time when the employee is actually standing by or on-call. <br />i. Employees of contractors and subcontractors subject to the requirements of <br />Division 2, Part 7, of the California Labor Code, for payment of prevailing wage <br />when prevailing wage requires compensation greater than that required by this <br />chapter. <br />j. An employee for whom application of the requirements of this chapter is <br />prohibited by state or federal law. <br />k. An employee subject to a bona fide collective bargaining agreement where the <br />waiver of the provisions of this chapter are set forth in clear and unambiguous <br />terms in such an agreement. <br />5-31.09 Retaliation and Discrimination Prohibited. <br />It shall be unlawful to retaliate or discriminate against any person on account of <br />having claimed a violation of this chapter. <br />5-31.10 Employee Complaints to the City. <br />a. An employee who alleges violation of any provision of the requirements of this <br />chapter may report-such acts to the City. The City Manager may establish a <br />procedure for receiving and investigating such complaints and take appropriate <br />enforcement action. <br />b. Any complaints received shall be treated as confidential matters to the extent <br />permitted by law. Any complaints received and all investigation documents <br />related thereto shall be deemed exempt from disclosure pursuant to California <br />Government Code Sections 6254 and 6255. <br />~F CITY OF E~ERYVILLE <br />