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04/26/2021 (4) Documentation that allows the Covered Employee to review for compliance by assessing wages for the past twelve (12) months and that is itemized in such a way that the Covered Employee can understand a Covered Employee's Base Wage distinguished from Holiday Premiums and other bonuses or pay increases that are separate and distinct from Employer - Initiated Hazard Pay. (A) The following constitutes acceptable evidence of Employer -Initiated Hazard Pay described in Subsection (b)(4): A spreadsheet, of all Covered Employees and their wages for each pay period for the last twelve (12) months, that allows the Covered Employee to distinguish Base Wage from Holiday Pay and other bonuses or pay increases that are separate and distinct from Employer -Initiated Hazard Pay. (B) Production of the evidence described in Subsection (b)(4)(A) does not exempt any Covered Employer from maintaining, and providing access to, the underlying payroll records described in this Ordinance. (C) Any offer of proof under Subsection (b) shall be accompanied by a written acknowledgment that it was submitted under penalty of perjury. Section 8. Waiver. The provisions of this Ordinance may not be waived by agreement between an individual Covered Employee and a Covered Employer. All the provisions of this Ordinance, or any part thereof, may be waived in a bona fide collective bargaining agreement, but only if the waiver is explicitly set forth in such agreement in clear and unambiguous terms. Section 9. Prohibitions. It shall be unlawful for a Covered Employer or any other Person to interfere with, restrain or deny the existence of, or the attempt to exercise, any rights protected under this Ordinance. Employers shall not take retaliatory action or discriminate against any employee or former employee because the individual has exercised rights protected under this Ordinance. Such rights include, but are not limited to, the right to request Hazard Pay pursuant to this Ordinance; the right to file a complaint or inform any person about an employer's alleged violation of this Ordinance; the right to participate in an investigation, hearing or proceeding or cooperate with or assist investigations of alleged violations of this Ordinance, and the right to inform any person of their rights under this Ordinance. Protections of this Ordinance shall apply to any employee who mistakenly, but in good faith, alleges noncompliance with this Ordinance. Taking adverse action against an employee, including lowering an employee's Base Wage or Holiday Premium Wages or reducing work hours, within 90 days of the employee's exercise of rights protected under this Ordinance shall raise a rebuttable presumption of having done so in retaliation for the exercise of such rights. ATTY/ORD.535/CC ORD HAZARD PAY ORDINANCE ORDINANCE NO. 2493 REV: 04-06-2021 VR MUFF NO. 305 Page 6 of 9