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(f) A temporary employee of the City of San Leandro who is employed for a <br />limited term to a regular or non -regular position including casual, seasonal and emergency <br />appointments with no guarantee of continued employment beyond the initial hire season. <br />(g) Volunteers. <br />(h) Employees who are standing by or on-call according to the criteria <br />established by the Fair Labor Standards Act, 29 U.S.C. Section 201. This exemption shall <br />apply 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 when <br />prevailing wage requires compensation greater than that required by this chapter. <br />0) 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 <br />the waiver of the provisions of this chapter are set forth in clear and unambiguous terms in <br />such an agreement. <br />Section 11. Retaliation and Discrimination Prohibited; Worker Retention — Section 1-6- <br />645 of Title 1 of the San Leandro Municipal Code is hereby added as follows: <br />(a) It shall be unlawful to retaliate or discriminate against any person on <br />account of having inquired into or having claimed a violation of this chapter. <br />(b) Each entity which is to replace a prior entity, subject to the requirements of <br />this chapter, and described in Section 6, shall offer employment to the Employees of the <br />prior entity. Such Employees may be not be terminated by the new entity during the first <br />90 days except for just cause. The new entity may operate at lower staffing levels than its <br />predecessor but in such event, shall place its predecessor's Employees on a preferential <br />reinstatement list based on seniority. For purposes of this Section, an entity "replaces" <br />another if it (1) assumes all or part of the lease, contract, subcontract or City aid of a prior <br />employer, and (2) offers employment which Employees of the prior entity can perform. <br />Nothing herein shall be construed to require that supervisory, managerial or confidential <br />Employees retained by the new contractor be kept in a supervisory, managerial or <br />confidential position. <br />Section 12. Employee Complaints to the City — Section 1-6-650 of Title 1 of the San <br />Leandro Municipal Code is hereby added as follows: <br />(a) An employee who alleges violation of any provision of the requirements of <br />this chapter may report such acts to the City. The City Manager may establish a procedure <br />for receiving and investigating such complaints and take appropriate enforcement action. <br />ORDINANCE NO. 2007-018 7 <br />