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(d) At the end of such 180-day period, the new operator (or subcontractor, where applicable) shall perform a written performance evaluation for each employee retained pursuant to the ordinance from which this section derives. If the employee's performance during such 180-day period is satisfactory, the new operator (or subcontractor) shall offer the employee continued employment. (e) In the event that, during the 180-day transition period described in above, the new operator determines that fewer positions are needed to deliver and maintain the contracted service, the new operator shall retain qualified displaced workers by seniority. Seniority shall be determined by reference to the collective bargaining agreement covering the qualified displaced workers, if one exists, or, if no such agreement exists, then by reference to the initial hire date with the incumbent operator of each qualified displaced worker. Any qualified displaced workers not retained by the new operator shall be placed on a preferential hiring list and considered by the new operator for any job openings that may arise. (f) Each new operator must provide all employees of a waste services provider with wages in an amount and benefits at a value of not less than the greater of those (a) in effect at the point of execution of the transfer document or (b) in any collective bargaining agreement, whether effective or expired, between an incumbent operator and such employees. For purposes of this article, "wages and benefits" includes all wages or compensation referenced in the existing collective bargaining agreement including provisions addressing how overtime shall be calculated, employer and employee contributions for medical insurance and retirement benefits, any tool, shoe or uniform allowance, sick leave, vacation time and personal or family leave. Sec. 16-41.5. - Retaliation and discrimination barred; no waiver of rights; enforcement. (a) No incumbent operator or new operator shall discharge or otherwise discriminate against anyone for making a complaint, participating in any city proceeding, or using any civil remedy to enforce his or her rights, or for otherwise asserting his or her rights under the ordinance from which this section derives. (b) Any waiver by a qualified displaced worker of any or all of the provisions of the ordinance from which this section derives shall be deemed contrary to public policy and shall be void and unenforceable, except where such waiver occurs in a bona fide collective bargaining agreement. Any attempt by an incumbent operator or new operator to have a waste or recycling worker waive rights given by the ordinance from which this section derives shall constitute a willful violation of the ordinance. (c) In addition to any rights and remedies which an employee might have, under any federal or state statute or regulation or municipal ordinance or regulation or at common law, any employee claiming a violation of the ordinance from which this section derives may bring an action against an incumbent operator or new operator in the Ordinance No. NS-3017 Page 40 of 42