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NS-3002
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NS-3002
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Last modified
3/16/2021 8:02:41 AM
Creation date
3/3/2021 11:08:26 AM
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City Clerk
Doc Type
Ordinance
Agency
Clerk of the Council
Doc #
NS-3002
Item #
30
Date
3/2/2021
Destruction Year
P
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B. Nothing in this Ordinance shall be construed as diminishing the <br />obligation of a hiring entity to comply with any contract or other <br />agreement providing more generous protections to a designated worker <br />than required by this Ordinance. <br />Other legal requirements. <br />This Ordinance provides minimum requirements for premium pay while <br />working for a hiring entity during the COVID-19 emergency and shall not be <br />construed to preempt, limit, or otherwise affect the applicability of any other law, <br />regulation, requirement, policy, or standard that provides for higher premium pay, <br />or that extends other protections to designated workers; and nothing in this <br />Ordinance shall be interpreted or applied so as to create any power or duty in <br />conflict with federal or state law. Nothing in this Ordinance shall be construed as <br />restricting a designated worker's right to pursue any other remedies at law or equity <br />for violation of their rights. <br />Severability. <br />The provisions of this Ordinance are declared to be separate and severable. <br />If any clause, sentence, paragraph, subdivision, section, subsection, or portion of <br />this Ordinance, or the application thereof to any hiring entity, designated worker, <br />person, or circumstance, is held to be invalid, it shall not affect the validity of the <br />remainder of this Ordinance, or the validity of its application to other persons or <br />circumstances. <br />Exemption for collective bargaining agreement. <br />All of the provisions of this Ordinance, or any part thereof, may be expressly <br />waived in a collective bargaining agreement, but only if the waiver is explicitly set <br />forth in the agreement in clear and unambiguous terms. Unilateral implementation <br />of terms and conditions of employment by either party to a collective bargaining <br />relationship shall not constitute a waiver of all or any of the provisions of this <br />Ordinance. <br />No waiver of rights. <br />Except for a collective bargaining agreement provision made pursuant to <br />this Ordinance, any waiver by a designated worker of any or all provisions of this <br />Ordinance shall be deemed contrary to public policy and shall be void and <br />unenforceable. Other than in connection with the bona fide negotiation of a <br />collective bargaining agreement, any request by a hiring entity to a designated <br />worker to waive rights given by this Ordinance shall be a violation of this <br />Ordinance. <br />Section 3. Urgency Findings. Pursuant to Santa Ana City Charter Sections 415 <br />and 417, this Ordinance is declared by the City Council to be necessary as an emergency <br />measure to protect and preserve the health, safety and welfare of the citizens of the City <br />Ordinance No. NS-3002 <br />Page 9 of 11 <br />
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