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The requirements of this chapter shall not be applicable to nonprofit agencies or to the following employees:

A. An employee participating in a temporary job-training program approved by the city in which a significant component of the employee’s training consists of acquiring specialized knowledge, abilities, skills or job readiness (e.g., the importance of proper work attire, punctuality and workplace demeanor).

B. An employee employed on a temporary project which will not exceed six months in duration.

C. Volunteers.

D. Employees of contractors on city public works projects subject to the requirements of Division 2, Part 7, of the California Labor Code, when said code requires compensation greater than that required by this chapter.

E. Employees who are standing by or on-call according to the criteria established by the Fair Labor Standards Act, 29 U.S.C. Section 201. This exemption shall apply only during the time when the employee is actually standing by or on-call.

F. Any disabled employee who (1) is covered by a current sub-minimum wage certificate issued to the employer by the U.S. Department of Labor; or (2) would be covered by such a certificate but for the fact that the employer is paying a wage equal to or higher than the minimum wage.

G. An employee for whom application of the requirements of this chapter is prohibited by state or federal law.

H. An employee subject to a bona fide collective bargaining agreement where the waiver of the provisions of this chapter is set forth in clear and unambiguous terms in such an agreement.

I. City employees during their first six months of employment which is considered a training or probationary period.

(Ord. 2259 NCS §1 (part), 2007.)