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8.A. - Page 10 of 21 <br />File Number.' 21-150 <br />Enactment Number. ORD 1618-2021 <br />B. To receive credit for paying a Covered Employee Employer -Initiated Hazard Pay, a Covered <br />Employer must demonstrate that, as of the effective date of this chapter and in any subsequent covered <br />workweeks, the Covered Employer paid such Employer -Initiated Hazard Pay to the Covered Employee. <br />C. No Covered Employer shall be credited prospectively for any past payments. No Covered <br />Employer shall be credited for any hourly premiums already owed to Covered Employees, such as but <br />not limited to, Holiday Premiums. Nothing herein shall be interpreted to prohibit any employer from <br />paying more than five dollars ($5.00) per hour in Hazard Pay. <br />8.77.060. Waiver <br />The provisions of this chapter may not be waived by agreement between an individual Covered <br />Employee and a Covered Employer. All the provisions of this Chapter, or any part thereof, may be <br />waived in a bona fide collective bargaining agreement, but only if the waiver is explicitly set forth in <br />such agreement in clear and unambiguous terms. <br />8.77.070. Prohibitions. <br />A. It shall be unlawful for a Covered Employer or any other Person to interfere with, restrain or <br />deny the existence of, or the attempt to exercise, any rights protected under this chapter. <br />B. Employers shall not take Retaliatory Action or discriminate against any employee or former <br />employee because the individual has exercised rights protected under this chapter. Such rights include, <br />but are not limited to, the right to request Hazard Pay pursuant to this chapter; the right to file a <br />complaint with the city or inform any person about an employer's alleged violation of this chapter; the <br />right to participate in an investigation, hearing or proceeding or cooperate with or assist the city in its <br />investigations of alleged violations of this chapter, and the right to inform any person of their rights <br />under this chapter. Protections of this chapter shall apply to any employee who mistakenly, but in good <br />faith, alleges noncompliance with this chapter. Taking adverse action against an employee within 90 <br />days of the employee's exercise of rights protected under this chapter shall raise a rebuttable presumption <br />of having done so in retaliation for the exercise of such rights. <br />8.77.080. Enforcement <br />A. Enforcement by the City. A violation of this chapter by a Covered Employer may be remedied by <br />any means available to remedy a violation of this code. <br />B. Private Right of Action. A Covered Employee claiming harm from a violation of this chapter <br />may bring an action against the Covered Employer in court to enforce the provisions of this chapter and <br />shall be entitled to all remedies available to correct any violation of this chapter, including, but not <br />limited to, back pay, reinstatement, injunctive relief, or civil penalties as provided herein. A Covered <br />Employee who is a prevailing party in an action to enforce this chapter is entitled to an award of <br />reasonable attorney's fees, witness fees and costs. <br />City of South San Francisco Page 7 <br />52 <br />