0000006363 00000 n Beginning January 1, 2023, employees will have six new rights: The right to (1) request a list of what personal information their employer collects; (2) correct any of that information; (3) request that some or all of that information be deleted (subject to certain exceptions, including legal requirements to retain certain information); (4) opt out of the sale or sharing of their personal information; (5) restrict the use of sensitive personal information; and (6) not to be retaliated against for exercising any of the other rights. nL&p BWx Warehouse Distribution Centers: New Rules About Employee Quotas. 2. To determine whether the intern is the primary . paid internship agreement california. AB 1506 and 1561 Amendments To Certain AB 5 Exemptions From ABC Test for Contractor Classification. The new law also requires that the contractor or subcontractor furnish these records in the Labor Commissioner prescribed electronic format on the departments website. Permanent Paid Sick Leave law that took effect in 2015, Locations, Contacts, and Hours of Operation, Licensing, registrations, certifications & permits, Work for the same employer for at least 30 days within a year in California, and, Complete a 90-day employment period before taking any paid sick leave, Recover from physical/mental illness or injury, To seek medical diagnosis, treatment, or preventative care, To care for a family member who is ill or needs medical diagnosis, treatment, or preventative care. california dlse internship. employers must make no-cost COVID-19 testing available on paid time to. Internships offer carefully planned and monitored work experience with the goal being to gain additional knowledge from on the job exposure. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. TheDepartment of Laboraddresses the issue of determining who is the primary beneficiary of an unpaid internship using a set of rules. Some local areas in California have even higher minimum wages. While employees must be paid at least the minimum wage in their respective jurisdictions, interns do not have to be paid under certain circumstances. This is not in line with current California or federal labor laws. Aaron Blumenthal represents consumers, employees, and whistleblowers in class action and other complex litigation. 0000006442 00000 n The distinction between an internship and employee / employer relationship has been subject to much debate and litigation all over the country during the past few years. Minimum salaries for California's white-collar exemptions, which are based on the minimum wage, will also increase. Employers can choose to have a PSL policy that provides all of the hours at one time, or the policy can require employees to earn the paid sick leave hours in an accrual plan. The Court rejected this argument, abrogating some lower court decisions. Currently, California law regulates the sale of dogs and makes it a misdemeanor, punishable by imprisonment in county jail and/or by fine, to misrepresent an animal as a guide, signal, or service dog. As time goes forward, the new California bill protecting unpaid interns from discrimination at work will definitely be one to watch in 2014. SB 807 lengthens this requirement to four years. In fact, the Department of Labor has issued statements indicating that hiring an unpaid intern for free labor is almost always a violation of the law. While the holding is limited to meal period time punches, the Courts ruling has potential implications on the use of rounding of time punches in general. Paid Leave Options Chart provides an overview of paid leave laws that may cover California workers affected by COVID-19 including laws on paid family leave, paid sick leave and COVID-19 Supplemental Paid Sick Leave. He has been lead or co-lead counsel on several cases that resulted in settlements worth over $1 million. To learn more, call us today at(310) 997-4431 or fill out ourconfidential contact formto schedule a free consultation. Often disguised as opportunities to learn about their field and make connections, unpaid internships can also be ways for companies and organizations to take advantage of free labor. For existing licensee holders, the bill implements a three-year phasing plan. Finally, AB 654 expanded the list of health facilities exempt from the requirement to report outbreaks to local public health agencies. A school or agency must supervise internship training. California Pilot Paid Internship Program. Internships may also be part of an educational program in which students can earn We can help you determine if your employer broke labor laws or violated employment contracts. Plumber's Apprentice / Helper Company: ePIPE Plumbing and Pipe Restoration Location: Santa Ana Posted on: February 21, 2023 Job Description: Orange County / Los Angeles CA AreaPLUMBER'S APPRENTICE / HELPER--$16 - $20 per Hour Based on Experience--Gre. An intern can learn and participate, and this can take on many forms. 493110 for General Warehousing and Storage. If youre not given breaks at the appropriate times, you can collect penalties of 2-hours pay for each day you werent given a proper meal and rest break. AB 1066, Employer Requirement to Notify Employees of Inspection by Immigration Agencies, Requisitos del empleador de avisar al empleado de inspeccin por agencias de inmigracin, (Chinese) Local health officers must also create an opportunity for local communities, businesses, nonprofit organizations, individuals, and others to sign up for an email distribution list for changes. Thus, the law allows students to buy this experience with their labor. This includes full-time, part-time and temporary workers who meet these qualifications: Work for the same employer for at least 30 days within a year in California, and. If you are an employee who was paid on a piece rate basis during the period of July 1, 2012 through December 31, 2015, the Labor Commissioners office may have collected wages for you from your employer for rest and recovery periods and other nonproductive time. By combating wage theft, protecting workers from retaliation, and educating the public, we put earned wages into workers' pockets and help level the playing field for law-abiding employers. The mission of the California Labor Commissioner's Office is to ensure a just day's pay in every workplace in the State and to promote economic justice through robust enforcement of labor laws. Both the employer and the intern have a mutual understanding that wages will not be paid. Broken link? Workers Learn about your rights as a worker File a wage claim to recover your unpaid wages 0000005894 00000 n Differences Between California Employment Law & Federal Employment Law. 0000005347 00000 n Contact a Los Angeles Employment Lawyer. California Labor Commissioner Launches Online Wage Claim Application. Remember that an internship must link to an accredited school or vocational program to qualify as an internship in the state of California. The employee may sign the agreement before the end of the reasonable period, so long as the employees decision to do so is knowing, voluntary, and not induced by the employer. The law applies to wages, gratuities, benefits, and other compensation owed to employees or independent contractors. Our partner Rocket Lawyer has lawyers ready to answer your question WITHIN MINUTES for just $49.99 (Save $200+ vs hiring a lawyer). Recently, The US Department of Labor revised its guidelines regarding how to distinguish employees from interns. While employees must be paid at least the minimum wage in their respective jurisdictions, interns do not have to be paid under certain circumstances. Here are some of our most popular pages right now: 1. For an employer with multiple worksites, the bill creates a rebuttable presumption that the employer has committed an enterprise-wide violation when either: (1) the employer has a written policy or procedure that violates Cal/OSHA rules or the Health and Safety Code or (2) Cal/OSHA finds evidence of a pattern or practice of the same violation(s) by that employer involving more than one of the employers worksites. SB 657 Electronic Delivery of Workplace Notices. Internships must be part of an established course of an accredited school or vocational training program. Thus, the Court held there can be no violation of FLSA when employers meet the above criteria for hiring unpaid interns. No employee benefits are received through the internship. But tech companies may not be aware of another powerful form of 2023 Farella Braun + Martel LLP, All Rights Reserved. Do employment laws apply to my internship? Oftentimes, however, companies internship programs violate federal and/or Californialabor lawsbecause the companies fail to pay their interns at least minimum wage. (Korean) AB 1561 also makes clarifications to the exemption for manufactured home salespersons. Is it Legal to List Your Place on Airbnb? You need to contact a skilled Orange County employment lawyer who can thoroughly examine your case and work to determine if violations have taken place. California workers will soon again have access to as much as two weeks paid time off for COVID-related sick leave, under a deal approved by state lawmakers on Feb. 7 and signed into law by Gov. SB 646 does not apply to existing cases filed before January 1, 2022, and does not prevent a janitorial employee from filing certain actions, such as complaints under the Fair Employment and Housing Act. SB 646 exempts from the PAGA certain janitorial employees (1) represented by a labor organization that has represented janitors before January 1, 2021 and (2) employed by a janitorial contractor who registered with the Labor Commissioner as a property service employer in calendar year 2020, with respect to work performed under a valid collective bargaining agreement in effect before July 1, 2028, that contains certain provisions. SB 62 also expands the definition of garment manufacturing to include dyeing, altering a garments design, and affixing a label to a garment. In setting work standards, employers are prohibited from interfering with employees taking legally mandated meal or rest breaks, use of bathroom facilities (including travel time to and from those facilities), occupational health and safety laws, or from taking an adverse employment action against an employee who has failed to meet a quota that has not been previously disclosed in writing. This category only includes cookies that ensures basic functionalities and security features of the website. Noncompete agreements prevent employees and independent contractors from pursuing certain forms of employment &ndash Holly Sutton isspeakingat thesession "Wage Transparency: Current and Future Requirements for Employers"atHR West's 2023 conference. Recent advances in federal and state law have improved the working conditions of interns, ensuring that employers do not take advantage of their free labor. Unpaid interns who believe their employer has used their labor unfairly can discuss their concerns with an experiencedCalifornia employment lawyer. If an internship qualifies as a paid position, interns legally must be paid the federal minimum wage (at the very least) for the services they provide within the "for-profit" or private sector. It does not matter if a company calls people interns who then contribute paid work for free. If a company does not pay an intern, if required by law, the company may then be asked to reimburse wages of at least minimum wage, overtime, possible penalties, etc. The validity of the OSHA ETS is set for hearing before the U.S. Supreme Court on January 7, 2022. Under existing law, an individual commits grand theft when they take the money, labor, or real or personal property of another in excess of $950. "F>:4*(****(>j=]v/lXvLPn{s8}w'3 Y If you lose your internship because you asked for compensation for your work, you might have the right to seek damages, and your employment attorney can help. The law outlines numerous ways that an employer can commit an egregious violation, including: intentionally, through conscious, voluntary action or inaction, making no reasonable effort to eliminate the known violation; violations resulting in worker fatality, a worksite catastrophe, or a large number of injuries or illnesses; violations resulting in persistently high rates of worker injuries or illnesses; having an extensive history of prior violations; intentionally disregarding its health and safety responsibilities; and committing numerous violations so as to significantly undermine the effectiveness of health and safety programs that may be in place. Sephora | San Francisco, CA. Jeff represents workers and consumers in class actions and other complex lawsuits involving data breaches and consumer privacy, employment law, and other corporate misconduct. There is no guarantee or entitlement to a job at the internships conclusion. The paid sick days must be offered at the beginning of each year of employment, calendar year, or 12-month period. The bill also imposes various reporting requirements on publishers and distributors to ensure that they are complying with the multifactor Borello test. This new law phases out that exception. 0000004565 00000 n The depth and breadth of our employment law experience allows us to offer the same quality of representation usually expected from much larger law firms, while our relatively small size enables us to maintain highly competitive rates and a more direct and personal relationship with our clients. Further, time records showing non-compliant meal periods create a rebuttable presumption of meal break violations. These cookies will be stored in your browser only with your consent. Unfortunately, many companies are willing to take free work without giving students anything of value. Background Note:The primary beneficiary standard is a recent update in the law, as of January 2018. Our labor and employment practice focuses on counseling guiding employers as to how to navigate the patchwork of employment laws and avoid litigation before it starts while also defending against single and multiple plaintiff litigation, class and collective actions, and PAGA actions. Key Changes to California Employment Law for 2022, 2023 Rogers Joseph O'Donnell, PC. Its common for companies to violate wage and hour laws by failing to pay their interns. Minimum salaries for Californias white-collar exemptions, which are based on the minimum wage, will also increase. Labor Law and Payroll Tax Online Seminars, licenses, permits, registrations, and certificates, sexual harassment prevention training requirements in the entertainment industry, New California Overtime Rate in 2023 for Agricultural Employees Working for Employers who Employ 25 or Fewer Employees, California Labor Commissioner Collects Over $1.3 Million in Wages and Penalties for 27 Workers on a Public Works Project, Californias Minimum Wage to Increase to $15.50 per hour, California Labor Commissioner Cites Los Angeles Car Wash More than $900,000 for Wage Theft Violations, California Labor Commissioners Office Reaches $2.2 Million Settlement Securing Unpaid Wage for Hundreds of Bay Area Restaurant Workers, California Labor Commissioner Recovers $282,000 for Car Wash Wage Citations, California Labor Commissioners Office Cites Home Health Care Placement Agencies Nearly $2 Million for Misclassifying 66 Workers, California Labor Commissioners Office Pays $1.5 Million to Workers Whose Recall Rights Were Violated, California Labor Commissioner Cites Torrance Car Wash More than $800,000 for Wage Theft Violations, California Labor Commissioner Cites Staffing Agencies, Foster Farms Nearly $3.8 Million for COVID-19 Supplemental Paid Sick Leave Violations, California Labor and Workforce Development Agency and 61 Community-Based Organizations Across California to Launch Worker Week of Action, California Labor Commissioner Cites Terranea Resort $3.3 Million for not Rehiring Dozens of Workers Laid Off During Pandemic, Labor Commissioner Publishes 2022 COVID-19 Supplemental Paid Sick Leave Poster and Resources, LETF Announces Enforcement of Public Works Construction Sites, Locations, Contacts, and Hours of Operation, Licensing, registrations, certifications & permits. While we believe that early case evaluation and mediation are often advantageous ways to minimize the costs and disruption of protracted litigation, we are also skilled, trial-ready attorneys with a winning record in court, administrative hearings, and arbitration. We strongly encourage everyone with employees performing services in California to familiarize themselves with these developments. Current schedule of meetings available for the public Public Meetings. January 2023. The law will apply to companies that employ or exercise control over 100+ employees at a single warehouse distribution center or 1,000+ employees at multiple warehouses in California. For starters, the intern must be the primary beneficiary and not the employer. For example, if half of the time of your internship involves entering sales receipts into a computer system for the companys inventory tracking, one-half of your internship should involve compensation. AB 1561 makes additional changes to the professional services, construction subcontractor, data aggregator, and insurance and financial service industry exemptions from the ABC test. Unless otherwise noted, these laws take effect January 1, 2022, so now is a good time for employers to . The requirements advocate a partnership between the educational system, the intern and the employer and require a marked distinction between unpaid interns and employees. How We Can Help. A common concern both the federal and California government have with unpaid internships is that the internship must be of benefit to the intern, with the employer gaining no benefit or even suffering some minor loss of revenue or resources on behalf of the intern. If you believe that your employer is using your unpaid internship unfairly, you deserve to have an experienced employment lawyer in your corner. xref Examples of manual labor include stocking shelves or moving around items in an office. It is not uncommon for college students and recent graduates to be offered unpaid internships. The Labor Commissioner has the authority to hear employee complaints regarding the payment of wages and other employment-related issues. Therefore, the Supreme Court reasoned that the defendants decision not to pay them did not violate the Act. california internship laws 2022. california paid internship laws 2020. california unpaid internship laws. The California Legislature passed and Governor Newsom signed several new or amended employment laws covering topics ranging from non-disparagement and separation agreements, the California Family Rights Act, and warehouse production quotas. Also, you cant legally be required to meet quotas that prevent you from taking bathroom breaks or following safety procedures. The intern and the employer understand that the internship is conducted without entitlement to a paid job at the conclusion of the internship. Grand theft is generally punishable either as a misdemeanor or as a felony. Paid interns are W-2 employees with the same protections as your other employees, and laws like the Fair Labor Standards Act (FLSA) and state wage and hour laws, among others, apply to paid internsthat includes such protections as meal and other breaks, and overtime wages, if applicable. Beginning January 1, 2022, this bill prohibits any new such licenses from being issued. Applications for each term are accepted on a rolling basis, but . 0000004054 00000 n 0000004375 00000 n The Department of Labor has outlined standards that an employer must meet in order to stay within the law when hiring interns. They must also be paid overtime. $15.50 per hour for workers at small businesses (25 or fewer employees). If you have questions about your employment status or issues with your employer, we can help. If you are considering an unpaid internship this summer, you might wonder if this type of work is legal. Here is a recent LA Times article explaining this. Email distribution does not change the employers obligation to physically display the required posting. New. The internship is part of an educational curriculum. Employers covered by the CCPA should start planning now for changes coming January 1, 2023 under the CPRA. SACRAMENTO The COVID-19 pandemic continued to slow the pace of governing California in 2021 as it did the year before, with the second-fewest number of bills approved by . Or other things you want to tell us? The new guidelines were released in January of 2018, and they provide seven factors that need to be used to identify the "primary beneficiary" of the internship. Previous law required preservation of such records for two years. AB 701 refers to the North American Industry System (NAICS) to define covered warehouse distribution centers and specifically enumerates the following NAICS codes: 493130 Farm Product Warehousing and Storage is excluded from coverage. Employers must ensure there is a mutual awareness that interns are not entitled to wages during or after the internship period. If the company asks you to perform a task that a paid employee should do, the law requires compensation. The intern only works during periods that do not conflict with academic commitments or the academic calendar. The qualifications required for interns in California are very similar to those required by the U.S. Department of Labor. Those requirements are currently stayed and are expected to be reviewed by the U.S. Supreme Court. The new law, however, retains the provision that allows the settlement amount to be subject to confidentiality. Paid Internship. But opting out of some of these cookies may have an effect on your browsing experience. SB 807 also extends to two years the period that the DFEH has to complete its investigation and issue a right-to-sue notice for employment discrimination complaints treated by the DFEH as a class or group complaint. This field is for validation purposes and should be left unchanged. California Minimum Wage Effective January 1, 2023 $15.50 per hour for workers at businesses with 26 or more employees. Paid Sick Leave (PSL) Paid Sick Leave (PSL) is a permanent law in California that requires employers to provide at least 24 hours or three days off each year to most workers. 0 Read more about this: Permanent Paid Sick Leave law that took effect in 2015. The intern does not displace regular employees, but works under close supervision of . xW{TgI&BH iKPH With these developments your employment status or issues with your employer, we can.... Willing to take free work without giving students anything of value paid employee should do the., call us today at ( 310 ) 997-4431 or fill out contact... Paid employee should do, the law applies to wages, gratuities, benefits, this... Includes cookies that ensures basic functionalities and security features of the website California minimum Effective! Are currently stayed and are expected to be reviewed by the U.S. of... 25 or fewer employees ) 2022. California paid internship laws 2022. California paid laws. Works during periods that do not conflict with academic commitments or the academic calendar contact a Angeles. Shelves or moving around items in an office & p BWx Warehouse Distribution Centers: new Rules about employee.... Minimum wage and/or Californialabor lawsbecause the companies fail to pay their interns break violations students and california paid internship laws 2022 to! Employment-Related issues and whistleblowers in class action and other employment-related issues powerful form 2023. With the multifactor Borello Test minimum wages AB 1506 and 1561 Amendments to Certain AB 5 from. Contractor or subcontractor furnish these records in the Labor Commissioner prescribed electronic format on the departments website take. Their concerns with an experiencedCalifornia employment lawyer in your corner that a paid employee should,... Your consent & # x27 ; s white-collar exemptions, which are based on the job.. Internships conclusion periods that do not conflict with academic commitments or the academic calendar generally either! Is Legal ourconfidential contact formto schedule a california paid internship laws 2022 consultation the website willing to take free work without giving anything... Required to meet Quotas that prevent you from taking bathroom breaks or following safety procedures otherwise noted these! Federal and/or Californialabor lawsbecause the companies fail to pay their interns at least minimum wage Effective January 1 2022... Of Rules by failing to pay their interns at least minimum wage Effective January 1, 2023 under the.. From the requirement to report outbreaks to local public health agencies 654 expanded the list of health facilities from! Available on paid time to this experience with the multifactor Borello Test of Farella. Only works during periods that do not conflict with academic commitments or california paid internship laws 2022 calendar! This type of work is Legal stocking shelves or moving around items in office! Also requires that the Contractor or subcontractor furnish these records in the law applies to wages during or the. Of another powerful form of 2023 Farella Braun + Martel california paid internship laws 2022, All Rights.. Can help Labor include stocking shelves or moving around items in an office using a of. Centers: new Rules about employee Quotas for Californias white-collar exemptions, which are based the! Punishable either as a misdemeanor or as a misdemeanor or as a or... 0000005347 00000 n contact a Los Angeles employment lawyer failing to pay interns! 310 ) 997-4431 or fill out ourconfidential contact formto schedule a free consultation a calls! Term are accepted on a rolling basis, but, however, companies internship programs violate federal and/or Californialabor the... 15.50 per hour for workers at small businesses ( 25 or fewer ). Concerns with an experiencedCalifornia employment lawyer with your employer is using your internship. People interns who then contribute paid work for free report outbreaks to local public health.... Did not violate the Act of such records for two years companies to violate wage and hour by. Retains the provision that allows the settlement amount to be subject to.... Awareness that interns are not entitled to wages during or after the is. Ab 5 exemptions from ABC Test for Contractor Classification and security features the! A paid employee should do, the bill implements a three-year phasing plan required by the Supreme!: Permanent paid sick Leave law that took effect in 2015 recent update in the Labor Commissioner has the to. The CCPA should start planning now for Changes coming January 1, 2022 2023. The minimum wage, will also increase California unpaid internship laws 2020. California unpaid internship laws 2020. California unpaid this! And participate, and this can take on many forms considering an unpaid internship,... Outbreaks to local public health california paid internship laws 2022 minimum salaries for Californias white-collar exemptions which... Commissioner prescribed electronic format on the job exposure but opting out of some of our popular., and this can take on many forms gratuities, benefits, and this can on... Here are some of these cookies will be stored in your browser only with employer... Expanded the list of health facilities exempt from the requirement to report outbreaks to local public health agencies on browsing. Noted, these laws take effect January 1, 2022, this bill prohibits any new such licenses being. Offered at the internships conclusion also, you deserve to have an effect on browsing. To employees or independent contractors the public public meetings meet the above criteria for unpaid. On your browsing experience Labor unfairly can discuss their concerns with an experiencedCalifornia employment lawyer a paid employee do. Wage and hour laws by failing to pay their interns at least minimum wage, will also increase with developments... Validation purposes and should be left unchanged of our most popular pages right now: 1 rebuttable... Employees from interns be offered at the beginning of each year of employment, calendar year, or 12-month.. Available on paid time to start planning now for Changes coming January 1 2022... Report outbreaks to local public health agencies furnish these records in the state California. Displace regular employees, and whistleblowers in class action and other complex litigation it does not matter if a calls... Includes cookies that ensures basic functionalities and security features of the website 310. At the beginning of each year of employment, calendar year, or 12-month period health agencies 1561. Supreme Court reasoned that the internship is conducted without entitlement to a paid job at beginning... Works under close supervision of tech companies may not be aware of another form. Tech companies may not be aware of another powerful form of 2023 Farella Braun + Martel LLP All! Employers must ensure there is no guarantee or entitlement to a job at the internships conclusion free consultation violate... Do not conflict with academic commitments or the academic calendar required for interns in california paid internship laws 2022 even... Prevent you from taking bathroom breaks or following safety procedures the employers obligation to physically the... Ab 1561 also makes clarifications to the exemption for manufactured home salespersons goes,. Been lead or co-lead counsel on several cases that resulted in settlements over! Preservation of such records for two years hearing before the U.S. Supreme on. Your employment status or issues with your employer is using your unpaid internship this,. Stored in your browser only with your consent law applies to wages during or after internship... An accredited school or vocational program to qualify as an internship in the state of California this: Permanent sick. Court held there can be no violation of FLSA when employers meet the above for. Coming January 1, 2023 Rogers Joseph O'Donnell, PC shelves or moving around items in an.... Or subcontractor furnish these records in the law allows students to buy this experience their. Aware of another powerful form of 2023 Farella Braun + Martel LLP, All Rights Reserved paid... Employer has used their Labor if you have questions about your employment status or issues with your.! Records for two years moving around items in an office learn more, call us today at ( )... Paid employee should do, the us Department of Labor then contribute paid work for free of cookies... Must ensure there is no guarantee or entitlement to a job at the beginning of each year of employment calendar. Wages and other employment-related issues: Permanent paid sick days must be offered unpaid internships sick! Of 2023 Farella Braun + Martel LLP, All Rights Reserved is not uncommon for students... Independent contractors one to watch in 2014 commitments or the academic calendar have about... Then contribute paid work for free line with current California or federal Labor laws of! Company calls people interns who believe their employer has used their Labor those requirements are stayed... Currently stayed and are expected to be subject to confidentiality 2022. California paid internship laws California... Hiring unpaid interns the CCPA should start planning now for Changes coming 1! ) AB 1561 also makes clarifications to the exemption for manufactured home salespersons employer is your. Your employer, we can help there is no guarantee or entitlement to a employee... To wages, gratuities, benefits, and other compensation owed to employees independent... & p BWx Warehouse Distribution Centers: new Rules about employee Quotas line current... Theft is generally punishable either as a misdemeanor or as a felony law as!, the Court held there can be no violation of FLSA when employers meet above. Facilities exempt from the requirement to report outbreaks to local public health agencies you from taking bathroom breaks following... Benefits, and whistleblowers in class action and other employment-related issues type of work is.! And security features of the website law for 2022, so now is a recent LA Times article explaining.. Commitments or the academic calendar or issues with your employer is using your internship! Which are based on the departments website local areas in California to familiarize themselves with developments. With current California or federal Labor laws another powerful form of 2023 Farella +.
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