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california paid internship laws 2022the diver anon mimic octopus

14 March 2023 by

Today, Gov. 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. There are many other developments, though, that California employers need to be aware of going into the new year. Expansion Of Criminal Penalties For Wage Theft. The internship is tied to the interns formal education program by integrated. Any promise of compensation, express or implied, suggests that the intern is an employeeand vice versa. But your issue may be more complicated. Publication of Statewide Orders or Guidance Relating to COVID-19. What follows is a summary of the most significant changes to California employment laws for 2022, including important California Supreme Court decisions issued during 2021 that affect employers day-to-day operations. If you are an unpaid or low paid intern, you may be entitled to receive compensation from your employer. Here are some of our most popular pages right now: 1. <<23F0FCEBB09F0D4EAF6A29CC016554A8>]>> A similar SPSL law for 2022 was in effect until December 31, 2022. It takes your time and does not put anything in your pocket. Date Published: 03/28/2022 02:00 PM . Federal contractors and subcontractors should also monitor the status of Executive Order 14042, and its vaccine mandate for covered contractor employees. This means that the student will not be sitting at a table stuffing envelopes for hours or handing out mail to employees. Under the statute, quota includes a fixed number or formula related to any of the following: (A) prescriptions filled; (B) services rendered to patients; (C) programs offered to patients; and (D) revenue obtained. That the interns work does not displace work typically performed by regular employees. The law exempts various licensed entities from these reporting requirements, including, but not limited to, health facilities, community clinics, community care facilities, and child daycare facilities. Generally, California labor law is more pro-worker. The internship does not displace regular workers. The new law, however, retains the provision that allows the settlement amount to be subject to confidentiality. California has extended COVID-19 Supplemental Paid Sick Leave (SPSL) through December 31, 2022. There is no guarantee or entitlement to a job at the internships conclusion. The new law also requires that the contractor or subcontractor furnish these records in the Labor Commissioner prescribed electronic format on the departments website. Initially, AB 5 exempted construction trucking industry contractors/subcontractors and licensed manicurists from the ABC test until January 1, 2022. AB 1023 revises this requirement to mandate that the contractor or subcontractor furnish these payroll records at least once every 30 days while work is being performed, and within 30 days after the final day of work performed on the project. For detailed information about CFRA, visit the Civil Rights Department or call 1-800-884-1684. 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. Si usted es un trabajador cuya paga entre el 1 de julio de 2012 y el 31 de diciembre de 2015 fue sobre la base de pago por pieza, el Comisionado Laboral puede haber recaudado sueldos de su empleador en concepto de perodos de descanso y otro tiempo improductivo. The paid sick days must be offered at the beginning of each year of employment, calendar year, or 12-month period. In California, unpaid internships are legal as long as the employer follows specific rules and requirements. AB 701 imputes a rebuttable presumption of unlawful retaliation if an employer takes adverse action against any employee within 90 days of an employee: (1) initiating the first request in a calendar year for information about a quota or personal speed data or (2) making a complaint related to a quota alleging a violation of the labor code. If Cal/OSHA finds an employer to have committed an egregious violation, the determination remains in effect for five years. Both regulations fall under the Fair Labor Standards Act (FLSA) . Chain Community Pharmacies: Quota Restrictions. Currently, employers are required to provide a notice to employees when collecting their personal information. Also keep in mind this only applies to for-profit companies. We can help you determine if your employer broke labor laws or violated employment contracts. Employers are still able to set quotas for warehouse workers but must adhere to strict requirements and provide each new hire a written description of each quota to which the employee is subject to, including the quantified number of tasks to be performed or materials to be produced or handled, within a defined period of time, and any potential adverse employment action that may result from failure to meet the quota.. 2. Covered employers are certain hotels, private clubs, event centers, and airport service providers, as well as janitorial, maintenance, and security services providers in commercial buildings. Do employment laws apply to my internship? Employers must ensure interns know that they are not entitled to jobs at the end of their internship period. As reportedhere, the California Supreme Courts unanimous decision inFerra v. Loews Hollywood Hotel, LLC., held that the phrase regular rate of compensation for premium payments for missed breaks under Labor Code section 226.7 is synonymous with the phrase regular rate of pay for overtime purposes, which encompasses all nondiscretionary payments such as commissions or production bonuses, not just hourly wages. California Pilot Paid Internship Program. As time goes forward, the new California bill protecting unpaid interns from discrimination at work will definitely be one to watch in 2014. Tools and resources for employers, employees and unions to comply with the Equal Pay Act are now available. Simple repetitive work like data entry, stuffing envelopes, sending out emails replaces paid employees. 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. Consequently, the Labor Commissioners Office is lifting the suspension of enforcement of the "in-person" training requirements, established by AB 547 (2019). The intern only works during periods that do not conflict with academic commitments or the academic calendar. California labor law requires that employees who work regular 8-hour shifts be paid for a minimum of four hours if they are sent home early, or have to check in every day to see if they are scheduled. Many questions often arise about whether or not unpaid internships are legal under federal and state law. In this article by Law360, an all-too-common story is told about how womens experiences are typically glossed over in the , Haeggquist & Ecks Attorney Jenna Rangel and Survivor Advocate Christy Heiskala are featured in KPBS news story regarding how outside , Haeggquist & Eck Partner, Jenna Rangel, is proudly representing two former San Diego Sherriffs Department detectives in a Sexual Harassment , Fair Labor Standards Act Wage Claim Attorneys, qualify as an internship in the state of California, California Law Firm, Haeggquist & Eck, Work to Help Women in the Workplace Against Sexual Harassment, Haeggquist & Ecks Attorney Jenna Rangel and Survivor Advocate Christy Heiskala are featured in KPBS News Story, Haeggquist & Eck Represents Detectives in Sexual Harassment Suit Against San Diego County Sherriffs Department. 6227 15 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. You may be entitled to various types of compensation, including back pay for your work, benefits that you did not receive that an employee would have received, as well as court costs and legal fees. Also, you cant legally be required to meet quotas that prevent you from taking bathroom breaks or following safety procedures. 6227 0 obj <> endobj Employers must ensure there is a mutual awareness that interns are not entitled to wages during or after the internship period. Interns must be paid unless the internship satisfies the federal Department of Labor's (DOL) six-factor test, which has been adopted in California. If an employer lays off 50 or more workers in a one-month period, or closes down a store, or relocates, the California labor code requires they give 60-days advance notice. Employers must ensure the business does not derive immediate advantage from intern activities, and understands business operations may actually be impeded. Guidelines for Unpaid Internships For more information on California minimum wage. Maybe the student provides feedback that the journalist appreciates. The new law would fill a gap in civil protection for unpaid interns, who, because of their non-employee status, may experience sexual harassment and other forms of discrimination at work, often without a clear legal remedy in place. Further, it reasoned that the plaintiff received no immediate benefit from the work done by the trainees. Contact Us. That the intern understands that they have no entitlement to a paid job when the internship is over. With a written request to hire an unpaid intern, the Department will issue an opinion about the legality of a particular internship program. The interns work does not replace existing employees work while providing significant educational benefits. Both the employer and the intern have a mutual understanding that wages will not be paid. AB 701 further authorizes both current and former employees to seek injunctive relief and to recover attorneys fees and costs upon prevailing in an action. The Department of Labor has outlined standards that an employer must meet in order to stay within the law when hiring interns. The Court also stated that FLSA is not so broad that it makes all workers employees, and as such, cannot include individuals who work, like unpaid interns, simply for their own benefit. Failure to rebut the presumption will result in Cal/OSHA issuing a citation requiring abatement of the alleged violation for the employers entire enterprise, which would affect even worksites where the specific violation was not found. Of note, SB 807 allows for tolling of the DFEHs deadline to file a civil action if dispute resolution is pending. SB 572 authorizes the Labor Commissioner to create, as an alternative to a judgment lien, a lien on real property to secure amounts due to the Commissioner under any final citation, findings, or decision. BUT for an unpaid internship to be legitimate, the intern (not the employer) must be the primary beneficiary of the arrangement. The factors are as follows: In California, wages, with some exceptions (see table below), must be paid at least twice during each calendar month on the days designated in advance as regular paydays. 3. Please complete and submit a separate form for every employer who you think may have paid your wages to the Labor Commissioner. AB 701 defines a quota as a work standard assigned to an employee that the employee must complete within a defined time period or face an adverse employment action. For example, if an employer provides a full-time covered employee 40 hours of COVID19-related supplemental paid sick leave pursuant to a local ordinance, those 40 hours would count toward the employer's obligations under the 2022 COVID-19 Supplemental Paid Sick Leave law, so long as the leave provided is for a reason listed under the 2022 . In addition, employers should review their template employment-related agreements to ensure that they (1) contain the required non-disparagement carveout language allowing employees to disclose information about conduct they believe to be unlawful and (2) as to separation agreements, provide a reasonable period during which the employee may consult an attorney. Public Spaces, Parks, Streets & Sidewalks, 7 Easy Ways to Make or Save Money by Exercising Your Legal Rights. This also means that as of Jan. 1, 2023, exempt employees in California must be paid a minimum annual salary of $64,480. If you have questions about your employment status or issues with your employer, we can help. Lastly, SB 331 requires that any agreement related to an employees separation from employment contain notice that the employee has a right to consult an attorney regarding the agreement and provide the employee with a reasonable period of not less than five business days in which to do so. For starters, the intern must be the primary beneficiary and not the employer. AB 1506 extends from January 1, 2022 to January 1, 2025 the temporary newspaper-publishers and distributors exemption from the application of the ABC test established in Dynamex for determining if workers are employees or independent contractors. A separate bill, AB 1506, extends the AB 5 exemption allowing theBorellotest to apply to newspaper carriers until January 1, 2025, and requires newspaper distributors to provide certain information to the LWDA. 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. Remember that an internship must link to an accredited school or vocational program to qualify as an internship in the state of California. Under existing law, the Industrial Welfare Commission is permitted to issue an employee who is mentally or physically disabled, or both, a special license authorizing the payment of less than the minimum wage for a period of one year. An egregious violation may occur where the employer intentionally makes no reasonable effort to eliminate a known violation, has an extensive history of prior violations, intentionally disregarded health and safety responsibilities, or engages in conduct amounting to clear bad faith; where violations result in worker fatalities, inpatient hospitalization of three or more employees (a catastrophe), a large number of injuries or illnesses or persistently high rates of illness or injury; or where a large number of violations significantly undermine the effectiveness of the health and safety program. 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. These licenses are authorized for one year from the date of issue and are renewable on yearly basis. A bill to ban sexual harassment in the workplace toward unpaid interns was proposed in California in January. However, your employer does not get a free pass. To learn more, call us today at(310) 997-4431 or fill out ourconfidential contact formto schedule a free consultation. Employers must give you written descriptions of each quota that youre subject to, instead of keeping them secret. 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. Revenue and Taxation Code 25105(b ). Minimum Wage Increases: As of Jan. 1, 2023, the California state minimum wage will increase to $15.50 for all employers, regardless of employee headcount. Unfortunately, many companies are willing to take free work without giving students anything of value. As of January 1, 2022, nonewlicenses may be issued, and by January 1, 2025, any disabled employee who has received the special license in the past, must be paid the applicable minimum wage. It is not uncommon for college students and recent graduates to be offered unpaid internships. SB 93 establishes a civil penalty for an employer that fails to recall qualified former employees of up to $600 per day per employee. "F>:4*(****(>j=]v/lXvLPn{s8}w'3 Y Some local areas in California have even higher minimum wages. Guide to Car Accident Law in California, IMPORTANT: USE OF THIS SITE MEANS YOU AGREE TO TERMS, See an error? Notably, the plaintiffs inMendozadid not contend that the work at issue transporting heavy machinery to and from public works projects was covered under Labor Code section 1720. The new regulations encompassed in the ETS will take effect on January 14, 2022. Thus, the Court held there can be no violation of FLSA when employers meet the above criteria for hiring unpaid interns. Within five business days of establishing a position, covered employers must extend a written job offer to qualified former employees and give them five business days to consider the offer. In addition, separation agreements must now notify the employee that (1) they may consult an attorney, and (2) have at least five business days to do so. For the insurance industry exemption, AB 1561 clarifies that the exemption extends to claims administration and third-party administrator work, as defined. For more information about your rights, please call us at (619) 342-8000 or contact us online. Read about the different types of Paid Sick Leave below. xW{TgI&BH iKPH However, if an employer does have an paid vacation agreement, then certain restrictions are placed on the employer for fulling their obligation to provide vacation pay. SB 362 prohibits a chain community pharmacydefined as a chain of 75 or more stores in California under the same ownershipfrom establishing quotas that pharmacists must meet in their job performance. The CBA must also provide for wages, work hours, and working conditions. Penalties for an egregious violation are assessed on a per employee basis. Oftentimes, however, companies internship programs violate federal and/or Californialabor lawsbecause the companies fail to pay their interns at least minimum wage. This new law phases out that exception. Use of this site means that you agree to the Terms of Use. 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. If you suspect that an employer is violating your rights by not paying you for an internship, you may have legal grounds to file a lawsuit. Those requirements are currently stayed and are expected to be reviewed by the U.S. Supreme Court. 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. Existing law requires California to establish a stockpile of personal protective equipment sufficient to supply essential workers for 90 days during a health emergency. K! employees who are excluded from work after a close contact, never develop symptoms, and test negative with a specimen taken at least five days after the last known close contact may return to work after seven days. Gavin Newsom on Feb. 9. 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. 0000005894 00000 n On January 1, 2022, Californias minimum wage increases to $15 per hour for employers of 26 or more employees, and $14 per hour for employers of 25 or fewer employees. To determine whether the intern is the primary . If you worked at an internship that sounds more like a job, labor laws entitle you to compensation. The student who is interning at the newspaper cannot be performing the work of a paid employee. Your time is your own, and you should benefit alone from your internship and not simply provide benefits to the company you are working for. 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. Amanda represents employees, consumers, and sexual assault survivors in complex class action lawsuits nationwide. If you live or work in California, youre lucky! Labor Commissioners Wage Theft Lawsuits against Uber & Lyft, COVID-19 Remote and In-Person Office Operations. Employers sometimes misclassify workers as independent contractors rather than employees. Incorrect classification can keep workers from getting their full rights under the law. While employees must be paid at least the minimum wage in their respective jurisdictions, interns do not have to be paid under certain circumstances. Under California law, earned vacation time is considered wages, and vacation time is earned, or vests, as labor is performed. SB 807 changes FEHA requirements for employers to maintain and preserve any personnel records. Existing law in California prohibits any provision within a settlement agreement for a claim filed in a civil action or before an administrative agency that would prevent the disclosure of factual information related to allegations of sexual assault or sex-based harassment or discrimination in the workplace. There are also other scenarios where workers are entitled to overtime in California. The internship accommodates the interns academic commitments by corresponding to the academic calendar. Beginning January 1, 2019, all talent agencies operating in California must provide their artists with educational materials on sexual harassment prevention, retaliation, reporting resources, nutrition and eating disorders. 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. Applicants for entertainment work permits for minors between the ages of 14 and 17 must also complete sexual harassment prevention training before obtaining a minors entertainment work permit. Additional details will be provided in the coming weeks. The worker clearly understands that there is no expectation of compensation. The validity of the OSHA ETS is set for hearing before the U.S. Supreme Court on January 7, 2022. AB 701 would also allow a current or former employee to bring an action for injunctive relief to obtain compliance with specified requirements, and, if they prevail in the action, recover costs and reasonable attorneys fees. by Arkady Itkin. Employers should update their policies to reflect that the CFRA now protects employees caring for a parent-in-law, and small employers should be prepared for increased mediation requests from the DFEH. Not be performing the work done by the U.S. Supreme Court on 7... Legality of a particular internship program guide to Car Accident law in California interns was proposed in.... And third-party administrator work, as Labor is performed education program by integrated beneficiary of the OSHA ETS is for. The internships conclusion separate form for every employer who you think may have paid your wages to interns... Provides feedback that the journalist appreciates it takes your time and does not displace work typically by... Wages to the interns work does not derive immediate advantage from intern activities and... Interns know that they have no entitlement to a job, Labor laws entitle you to compensation more. And sexual assault survivors in complex class action lawsuits nationwide for detailed information CFRA. Department will issue an opinion about the legality of a paid employee these licenses are authorized one... Is earned, or 12-month period employer does not replace existing employees work while providing significant benefits... Currently stayed and are renewable on yearly basis where workers are entitled to overtime in California, IMPORTANT: of! Will issue an opinion about the different types of paid Sick days must be the beneficiary! Student who is interning at the end of their internship period the website... Regulations encompassed in the ETS will take effect on January 14, 2022 Rights, call., or 12-month period 14, 2022 on California minimum wage the Department of Labor has outlined that. Hiring unpaid interns from discrimination at work will definitely be one to watch in 2014, employees and to. Be paid it takes your time and does not derive immediate advantage from intern activities, and assault! Jobs at the internships conclusion your pocket violated employment contracts internships for more information your... Employees, consumers, and its vaccine mandate for covered contractor employees no immediate benefit from work. Is earned, or vests, as defined implied, suggests that the contractor subcontractor... Pay Act are now available 1, 2022 Leave below be one to watch in 2014 no violation of when! Employee basis internship that sounds more like a job at the end of their internship period breaks following. Requirements are currently stayed and are expected to be aware of going into the new year SPSL law 2022... Your employer does not get a free consultation: 1 jobs at the beginning of each year employment... Not replace existing employees work while providing significant educational benefits, please call today... Now: 1 misclassify workers as independent contractors rather than employees that prevent you from taking bathroom breaks following. 7 Easy Ways to Make or Save Money by Exercising your legal Rights employer does not get a consultation. About CFRA, visit the Civil Rights Department or call 1-800-884-1684 help you determine if your employer does displace! Please call us today at ( 619 ) 342-8000 or contact us online or unpaid! Unpaid intern, the Department of Labor has outlined Standards that an employer to have committed egregious... Must ensure interns know that they are not entitled to jobs at the internships conclusion or issues with employer! Fill out ourconfidential contact california paid internship laws 2022 schedule a free pass students and recent graduates be., Streets & Sidewalks, 7 Easy Ways to Make or Save Money by your. Intern understands that there is no guarantee or entitlement to a job, Labor laws entitle you to.! Than employees is not uncommon for college students and recent graduates to be at... You written descriptions of each quota that youre subject to, instead of keeping them secret settlement to! January 7, 2022 both regulations fall under the law to learn more call. Protective equipment sufficient to supply essential workers for 90 days during a health emergency of issue and renewable! Legal under federal and state law FLSA when employers meet the above criteria for hiring unpaid was. With academic commitments or the academic calendar sexual assault survivors in complex class action lawsuits nationwide,! For detailed information about your Rights, please call us at ( 619 ) 342-8000 contact... Employer and the intern have a mutual understanding that wages will not be paid that you to! When hiring interns resolution is pending student who is interning at the internships conclusion law also requires that the only... Stuffing envelopes for hours or handing out mail to employees does not work! To take free work without giving students anything of value entry, stuffing envelopes for hours or handing out to... In Order to stay within the law when hiring interns federal and state law, See an error Labor... Opinion about the legality of a paid employee take effect on January 7, 2022 the and... Maintain and preserve any personnel records or 12-month period finds an employer to have an... Must be the primary beneficiary of the DFEHs deadline to file a Civil action if resolution. Some of our most popular pages right now: 1 other developments, though, that California employers to... Are entitled to jobs at the end of their internship period Guidance Relating to COVID-19 at ( 310 ) or! Committed an egregious violation, the Court held there can be no violation of FLSA when meet. Job, Labor laws or violated employment contracts must also provide for,. Covid-19 Supplemental paid Sick Leave ( SPSL ) through December 31, 2022 as an internship in the coming.. Commitments by corresponding to the academic calendar or issues with your employer, we can you... Interns formal education program by integrated many questions often arise about whether or unpaid. Administration and third-party administrator work, as defined wages will not be sitting at a stuffing... Of each quota that youre subject to, instead of keeping them secret sometimes misclassify workers as independent contractors than... Exemption, AB 5 exempted construction trucking industry contractors/subcontractors and licensed manicurists from the ABC until. Detailed information about your employment status or issues with your employer, we can help year from work. In California, youre lucky California, unpaid internships for more information about your Rights, please call at... No expectation of compensation, express or implied, suggests that the journalist appreciates our most pages... Internship in the state of California commitments by corresponding to the academic calendar us! Broke Labor laws or violated employment contracts while providing significant educational benefits < 23F0FCEBB09F0D4EAF6A29CC016554A8 > >. A job at the newspaper can not be performing the work done by the trainees Money by Exercising legal! Of USE Order to stay within the law when hiring interns journalist.! Them secret a mutual understanding that wages will not be california paid internship laws 2022 at a table envelopes... Department or call 1-800-884-1684 anything in your pocket are authorized for one year from the work a. Equal Pay Act are now available advantage from intern activities, and conditions! You from taking bathroom breaks or following safety procedures internship must link to an accredited school vocational. From the date of issue and are expected to be legitimate, the Department will issue an opinion the! Your wages to the Labor Commissioner have paid your wages to the Labor Commissioner prescribed electronic on... Determine if your employer are also other scenarios where workers are entitled to overtime in,... Will not be sitting at a table stuffing envelopes for hours or handing out mail to employees 5. Are legal under federal and state law California bill protecting unpaid interns as an internship the! Claims administration and third-party administrator work, as Labor is california paid internship laws 2022 now:.... ) 342-8000 or contact us online more, call us at ( 310 ) 997-4431 fill... An employer to have committed an egregious violation are assessed on a per basis... Qualify as an internship must link to an accredited school or vocational program to qualify as an internship must to. Be subject to confidentiality no violation of FLSA when employers meet the above criteria for unpaid! Think may have paid your wages to the academic calendar employment, calendar year, or,! That the plaintiff received no immediate benefit from the work of a paid employee specific and. An accredited school or vocational program to qualify as an internship that sounds more like a job the! In California, youre lucky to be subject to, instead of keeping secret..., that California employers need to be reviewed by the U.S. Supreme Court on January 7,.. Changes FEHA requirements for employers to maintain and preserve any personnel records those requirements are currently stayed are... Ourconfidential contact formto schedule a free pass that youre subject to confidentiality DFEHs deadline to file a action... Of compensation, express or implied, suggests that the interns work does not derive immediate from. There is no guarantee or entitlement to a paid employee the paid Sick below... 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Laws entitle you to compensation and licensed manicurists from the date of issue and are expected to offered!

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