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All requirements and provisions of this Chapter shall be preempted and ineffective if the State minimum wage is or becomes greater than the Minimum Wage established by this Chapter. 4-35-500 Waiver Through Collective Bargaining. To the extent required by federal law, all or any portion of the applicable requirements of this Chapter may be waived in a bona fide collective bargaining agreement, provided that such waiver is explicitly set forth in such agreement in clear and unambiguous terms. 4-35-600 Notice, Posting and Payroll Records. A. Except for the first increase to take effect on July 1, 2017 per Section 4-35-400, on or by January 1 of each year, the Department shall publish and make available to Employers a bulletin announcing the adjusted Minimum Wage rate, which shall take effect on July 1 of the following year. In conjunction with this bulletin, the Department shall by July I of each year publish and make available to Employers, in the top five languages spoken by residents of the City as determined by the City Manager or his designee after reviewing the most recent United States Census Data, a notice suitable for posting by Employers in the workplace informing Employees of the current Minimum Wage rate and of their rights under this Chapter. B. Every Employer shall post in a conspicuous place at any workplace or job site in the City where any Employee works the notice published each year by the Department informing Employees of the current Minimum Wage rate and of their rights under this Chapter. Every Employer shall post such notices in the top five languages spoken by residents of the City as determined by the City Manager or his designee after reviewing the most recent United States Census Data. Every Employer shall also provide each Employee at the time of hire with the Employer's name, address, and telephone number in writing. Failure to post such notice shall render the Employer subject to administrative citation, pursuant to Section 900, Subsection A, of this Chapter. C. Employers shall retain payroll records pertaining to Employees for a period of four years, and shall allow the City access to such records, with appropriate notice and at a mutually agreeable time, to monitor compliance with the requirements of this Chapter. Where an Employer does not maintain or retain adequate records documenting wages paid or does not allow the City reasonable access to such records, the Employee's account of how much he or she was paid shall be presumed to be accurate, absent clear and convincing evidence otherwise. Failure to maintain such records or to allow the City reasonable access shall render the Employer subject to administrative citation, pursuant to Section 900, Subsection A, of this Chapter. D. If a violation of this Chapter has been finally determined, the City shall require the Employer to post public notice of the Employer's failure to comply in a form determined by the City. Failure to post such notice shall render the Employer subject to administrative citation, pursuant to Section 900, Subsection A, of this Chapter. 4-35-700 Retaliation Prohibited. It shall be unlawful for an Employer or any other party to discriminate in any manner or take any adverse action (including action relating to any term, condition or privilege of employment) against any person in retaliation for exercising rights protected under this Chapter. Rights protected under this Chapter include, but are not limited to: the right to file a complaint or inform any person about any party's alleged noncompliance with this Chapter; and the right to inform any person of his or, her potential rights under this Chapter or otherwise educate any person about ORDINANCE NO. 2016-010