Provide employee schedules at least 2 weeks in advance; Make no changes to the employee schedule with less than seven days notice;changes made past that deadline would mean employers will have to pay the employee 1 to 4 penalty hours pay; and. PREDICTIVE SCHEDULING OREGON LAWS Protect You At Work 21 22 Clopening is when an employee closes the location and opens the next morning. While New York City's predictive scheduling laws target retail and fast food employers only, the NYDOL recently issued proposed predictive scheduling regulations that are far more expansive (Link). Even if not required, a predictive schedule enables workers to plan their lives. Copyright WorkForce Software, LLC. All Rights Reserved. Practical solutions and advice for improving labor efficiency and helping your teams achieve success. In a perfect world, every business would do this because it has obvious benefits for employees. One hour at the regular rate of pay, in addition to wages earned when the employer: Adds more than 30 minutes of work to the employees shift; Changes the date or start time or end time of the employees work shift with no loss of hours; or. Your employer may not retaliate against you for making these requests, but your employer is under no obligation to grant your request. All rights reserved. The burden of not knowningwhat your wages will be and whether or not your days off are truly off or for on-call work, can be significant. A written estimate of each employee's anticipated work schedule (at the time of hire). Weve been serving clients for more than a century, and weve been climbing the ranks of the nations largest firms for many years, according to both The Am Law 100 and The National Law Journal. It is broad in terms of its requirements. What Employers Should Know About Predictive Scheduling Laws, Formula Retail Employee Rights Ordinances. If you do business in locations with predictive scheduling requirements, you should consult with counsel to ensure you are complying with the various components of these complex laws. Seattles Secure Scheduling Ordinance and Emeryville and Californias Fair Workweek Ordinances took effect July of this year. Derek Jones, VP or Business Development at Deputy, a workforce automation company, sees a correlation between the drive for predictive scheduling and other employment law advocacy. (Los Angeles officials estimate more than 140,000 of city residents work . Schedule retail employees for no less than 20 hours for each 14-day period. Last month, Chicago passed the "Fair Workweek" ordinance and . The New York State Department of Labor (NYSDOL) has issued sweeping proposed regulations addressing worker scheduling practices that will affect most employers in the state (though employers covered by the Hospitality Wage Order hotels and restaurants are not covered by the current proposed regulations).. Its much harder to schedule when youre not sure exactly how many resources you need, and time tracking can fill this gap. That an employee on the standby list is not eligible for additional compensation for changes to the employees written work schedule resulting from acceptance of additional hours as a result of being on the list. People should [try to] understand each others needs and be mindful of them.. If you havent heard the term predictive scheduling, you soon will. If an employee accepts the change, it too must be in writing. But the FMLA doesnt provide paid leave, and employers say it can be difficult to administer. May 20, 2022. How you know If you work for a large employer (with at least 500 employees worldwide) in the retail, hospitality, or food services industry, they must follow rules around scheduling you for work. Workers whose primary work duties do not relate to retail, hospitality or food service operations, salaried employees who are exempt from minimum wage, and workers supplied by worker leasing companies or businesses that provide services to or on behalf of an employer are not covered by this law. More productive employees and lower staff turnover are certainly benefits employers can get behind. For businesses that face fluctuating demand, this can make scheduling a nightmare, resulting in shifts being posted at the very last second. In addition to applying to retail establishments, the provisions apply to property services contractors (e.g., janitorial and security services) for work performed in San Francisco at a retail. While it awaits the mayor's signature for final approval, a Los Angeles predictive scheduling law would have sweeping ramifications for employers in the retail sector. The lack of a statewide law in California leaves cities here to their own thing. You may decline any work shifts not included in your written work schedule. Flexible scheduling is an alternative to the traditional 9 to 5, 40-hour work week. Topics covered: Employee learning, training, onboarding, mentoring, career development and more. The city council in late November 2022 unanimously approved the Los Angeles Fair Work Week Ordinance. An official website of the State of Oregon These shifts clearly bring some benefits to businesses in terms of flexibility, but too often, they come with negative consequences for employees. Berkeley employees are allowed to request a flexible or predictable work schedule. Youll be able to look back on those schedules and compare them to your predicted demand for this year. Discover how Workforce.com implementation unlocks the results you want and the adoption you need, all at the perfect pace. Under the advance notice provision of New York predictive scheduling laws, employers must give employees at least 14 days' notice that they are scheduled to work. Predictive Scheduling (sometimes called "Fair Workweek") laws are spreading to new states - requiring employers to post schedules for their employees in advance. New York: 14 days notice; went into effect Nov. 26, 2017. Many localities are waiting to see if the overall impact on employers is positive or negative. Matthew A. Steinberg, Partner at New Yorks Akerman LLP, discussed predictive scheduling in a recent podcast. Among other obligations, San Franciscos law requires employers to post schedules at least two weeks in advance and pay employees between one and four hours of additional "predictability pay" for last-minute changes. Prior attempts to introduce them have failed. "Scheduling systems that have communication portals with read confirmations and for facilitating time-off and schedule changes will be critical. 17% of employers offer fewer jobs, part or full-time. ET, Presented by studioID and Express Employment Professionals, The effects of 'clopening' on employees: What employers can do, Joint employment uncertainty: Businesses are 'holding their breath', FMLA: The 30-year legacy of a celebrated and complicated employment law, Remote, hybrid work linked to more anxiety, depression, Employer pay strategies increasingly prioritize transparency and equity, Payscale finds, EEOC harassment guidance could be coming in the really short term, NLRBs severance ruling has broad implications for employers, Everything employers must know on employee development, Boost Employee Engagement with Small Moments of Joy at Work, Winning the War for Talent: Why On-Demand Pay Is Becoming the Must-Have Benefit to Get and Keep the Best Employees, Gen Z workforce struggling to cope with challenges of early careers, survey finds. The predictive scheduling movement presents both practical and legal challenges to retail and hospitality employers. It applies to employers in the retail, hospitality and food industries with 500+ employees worldwide. Employees are beginning to return to work after months of quarantine. Also read: Employers grapple with laws about work schedules. Your employer is required to post the written work schedule in a visible and accessible place, in English and in the language the employer typically uses to communicate with employees. [ad_1] Predictive scheduling laws require employers to post schedules ahead of time, and restrict the ability to make last minute changes. Predictive scheduling laws require employers to post schedules ahead of time, and restrict the ability to make last minute changes. GovDocs simplifies employment law compliance for large, multi-jurisdiction employers in the U.S. and Canada. And while Predictive Scheduling laws differ from one jurisdiction to the next, they commonly include the following rules: Learn the art and science of maintaining productive, happy, engaged employees. The law also requires, employers to post work schedules at least 14 days in advance. These predictive scheduling laws are meant to provide stability to individuals so that they can attend to their child care, health, education and, in many cases, second jobs. Emeryville: 14 days notice; went into effect July 1, 2017. : No advance notice component, but employers must offer additional hours to existing, qualified part-time employees before hiring more employees; Berkeley: No advance notice component, but employees may request flexible or predictable working arrangements twice per year and after a major life event. In general, predictive scheduling laws require employers to post employee work schedules a set number of days in advance and provide a minimum amount of notice to employees of any changes. Topics covered: Culture, executive buy-in, discrimination, training, equal pay, and more. The work schedule must be posted in a conspicuous and accessible location. Right to input into work schedule. Following is some of the basic information about each of these laws. May be based on prior year schedule if it is a good-faith estimate of seasonal or episodic work. Oregon became the first and so far, only state to enact a predictive scheduling law in 2017. An on-call scheduling system can help businesses meet customer service needs by designating certain employees to be available either regularly or on a rotating basis to report to work on short notice or with no advance notice, if needed. The poster must be posted in a visible place at the workplace, and is available from our Predictive Scheduling Laws Many cities across the United States are looking into scheduling practices and asking questions about the merits of on-call and just-in-time shifts. Build schedules, optimize staffing levels, and manage labor costs. Predictive Scheduling Laws The problems associated with improper work schedules are starting to get some attention. of the impact of San Franciscos Formula Retail Employee Rights Ordinance highlighted a downside of the legislation and the operational changes being made by employers in response, including: 21% of employers offer fewer part-time jobs; 19% of employers schedule fewer employees per shift; and. On-call employees must be paid 2 to 4 hours if they are not required to work. The term retail firm is defined narrowly and includes department stores and specialty retailers. 1305 Corporate Center Drive Part of predictive scheduling is about understanding employees' preferences, so get their input. Changes the date or the start and finish timings of a shift while keeping the number of hours the same. While there are many details in these rules like record keeping requirements and providing compensation for schedule changes what people most talk about is employers' responsibility to provide employee schedules in advance.. Also read: Shift swap software empowers managers and employees to take . If the schedule is created or changed before 14 days, the employer must pay the employee one hour of predictability pay. And its not allowed under certain predictive scheduling laws unless an employee agrees to it. 201), signed by the governor . Swift swapping can get messy. San Francisco was the first location to enact a predictive scheduling law in2015, followed by Seattle, Oregon, New York City, Chicago, Philadelphia, and Emeryville, California. He predicts that, as predictive laws continue to expand into new jurisdictions and industries, there will be pressure on employers seeking to attract the best talent to voluntarily adopt predictive scheduling policies., Derek Jones, VP or Business Development at. If an employer makes changes to the written work schedule, they must provide 14 days' notice in person by telephone call, email, or text message. Employees whose primary duties do not relate to retail, hospitality or food service operations; salaried employees who are exempt from minimum wage and workers supplied by worker leasing companies or businesses that provide services to or on behalf of an employer are not covered by this law. Although small employers may encounter scheduling and compliance issues, large employers that operate in multiple jurisdictions, in particular, may face significant challenges when attempting to apply consistent scheduling practices company wide. The law's aim is for fair treatment and financial equity for employees, but its still in its infancy. While this might challenge some businesses, it also comes with a lot of benefits. Demand might fluctuate, but you should have access to data that will help you predict the challenges you face. Learn how a dedicated time and attendance solution can help eliminate over-payments and minimize non-compliance risks. , a workforce automation company, sees a correlation between the drive for predictive scheduling and other employment law advocacy. 2023 Fisher & Phillips LLP. Cover photo: iStock. How far in advance must a work schedule be posted? That means your employer does not have to pay you a penalty for changing your shifts if you request it. ET, Webinar We dont have to think too hard to see why predictive scheduling might be beneficial for employees, but it can also be beneficial for employers. A fair amount of notice must be given to employees before changing their schedule. Individuals employed through staffing agencies, and employees of certain subsidiaries and franchises count towards the 300 person total. Employees are also entitled to additional pay for last-minute changes, including if they are sent home early, not actually called in to work when they are on call, or required to work clopenings meaning closing and opening shifts that are less than 10 hours apart. The employee may decline any work shifts not included in the employees written work schedule. Under the category of an ounce of prevention, the state of Georgia has preempted local laws that would mandate employers meet certain scheduling parameters. If an employee is scheduled to work six (6) hours consecutively, a proper break is required, and overtime rules may apply. The right scheduling approach for your operations will depend on many factors, including your location, company culture, and type of business. The designated employees will usually call at a certain time to see if they should report to work. Predictability pay if adequate advance notice isn't given. , Webinar Here are some tips to help covered employers navigate these predictive scheduling laws: Employers should be sure to keep their employees informed by providing employees with predictive scheduling policies. 1-888-273-3274. In addition, you may request not to be scheduled for work shifts during certain times or at certain locations, but an employer may require you to provide reasonable verification of the need for such a request. This is particularly true if youre doing your scheduling manually, with Excel sheets and decentralized communication. And more to give restaurant workers . Employers must provide a new employee a written good faith estimate of the work schedule when hired that: If you think your employer is violating this law, you can make acomplaintorcontact usto get help. : Employer can sue New York over abortion anti-discrimination law. A Los Angeles predictive scheduling ordinance? In San Francisco, if an employer changes an employee's schedule less than 7 . The Fair Workweek Law requires large businesses in the retail, food service, and hospitality industries to provide written schedules at least seven days in advance (this increases to 14 days in 2020). Managers can communicate scheduling in advance and explain the flexibility needs of the business at the same time, creating an open line of communication between employer and employee. While these policies are permissible in many locations, some states and localities have predictive scheduling laws that limit such practices and impose penalties when employees arent given sufficient notice of schedule changes. A 2016 study of the impact of San Franciscos Formula Retail Employee Rights Ordinance highlighted a downside of the legislation and the operational changes being made by employers in response, including: Of the retailers surveyed, 6%plan to pursue self-service automated alternatives to hiring employees. The conversation around predictive scheduling will have to evolve because of the coronavirus, said Ari Hersher, partner at Seyfarth law firm. 2023 Workforce.com. Stay informed about industry trends, thought leadership, upcoming legislative changes, and the latest news and innovations from WorkForce Software. Smarter scheduling is key to keeping labor . Approve PTO, make schedule changes, and engage employees on the go. Covered employers who change an employee's schedule without giving at least seven days . You might be tempted to rollout on-call scheduling polices to help respond to varying levels of customer traffic and resolve last-minute staffing shortages when workers call out sick or dont show up for a shift. How much notice do employers have to give for shifts? . The ordinance also applies to a covered companys janitorial and security contractors. Meanwhile, Oregon is the only state with such a law in effect, while New Hampshire and Vermont have more limited scheduling-related laws. Employers may maintain a voluntary standby list of employees willing to work additional hours due to unanticipated customer needs or unexpected absences if listed employees have requested or agreed in writing and the employer notifies each employee, in writing: Template for the voluntary standby request form. However, when done well, shift swapping can help employees to gain extra flexibility without impacting the business. GovDocs, Inc. Predictive scheduling requires certainty when it comes to peoples days off, so make sure youve got robust systems in place that allow you to plan around PTO. That doesnt mean that its not possible to create schedules ahead of time so your employees get a good amount of notice. If you can quickly see how many hours your employees are working, when they take breaks, and how they use their time, then it can help you plan better. Are the gaps in your HCM suite covered? Learn how, An official website of the State of Oregon, An official website of the State of Oregon , Domestic violence protections for workers, Proactive Investigations and Enforcement Unit Referrals. This is sometimes referred to as predictability pay.. "These new regulations add many more complicated levels to where computers are now required to assist in the scheduling or big mistakes like non-compliance and employee litigation will be made.. deprive employees of a proper work-life balance. An employer may not retaliate against you for making a request to not be scheduled, but they are under no legal obligation to grant your request to be taken off shifts. On the contrary, some states such as Arkansas, Georgia, Iowa, and Tennessee have laws that prohibit cities in their respective states from enacting local predictive scheduling laws. All Rights Reserved. Predictive scheduling laws have changed the way many businesses make their schedules. Oregon's Fair Work Week Act scheduling law will require the schedules of nonexempt, hourly employees in food service, hospitality, and retail to be more predictable. These scheduling laws, alternately referred to as predictive, secure, fair or predictable, impose an increased number of requirements on employers in addition to extending retaliation protections to employees. The employer must provide an employee with a work schedule, in writing, at least 14calendar days before the first day on the schedule. Additionally, you should note that some states and localities have rules on reporting time pay. For example, in California, an employee who is sent home after working less than half their scheduled workday must be paid for two to four hours of work, depending on the specific circumstances. The law does not apply to salaried, exempt employees performing administrative, executive, or professional work. The return-to-work environment is stressful. Meanwhile, employees would also have the right to request changes to their work schedule. Like San Francisco, Emeryville requires two weeks advance notice for scheduling shifts. Harri's data-driven scheduling platform fully integrates with all HCM processes for complete transparency into labor demand, spend, and Fair Workweek-compliant scheduling options. From there, they can call and confirm with employees three weeks in advance, make whatever changes are necessary and officially post the schedule two weeks ahead of time, which would allow employers to comply with any of the predictable schedule laws. This balancing act has led to the passage (or consideration) of predictive scheduling laws in cities and states across the U.S. Predictive scheduling laws: What they cover and how to comply, Scheduling headaches: How to better manage your hourly workers schedules, Shift swap software empowers managers and employees to take charge of scheduling. with GovDocs Employment Law News. If these required scheduling practices are violated, stiff penalties may be imposed. Predictability Pay Many businesses hold off on scheduling until the last minute to help them understand demand, but others do it simply because its become a habit. The employer must provide a written work schedule that runs through the last date of the posted schedule to: The written work schedule must include all work shifts and on-call shifts for the work period. A Patchwork of Predictive Scheduling Laws. The proposed regulations on predictive scheduling will require employers, among . The predictive scheduling law applies to a covered employer's nonexempt employees who are employed in a retail, hospitality, or food services establishment. Historically, these employees were subject to (you guessed it). If these required scheduling practices are violated, stiff penalties may be imposed. Fast on the heels of the $15/hour movement, the cities of San Francisco . Predictive scheduling laws require employers to post schedules ahead of time, and restrict the ability to make last minute changes. Employers can say, Well give you 30 days notice, but please understand that our scheduling needs are volatile, he said. The timing varies. Advance notice of work schedule, generally at least 14 days. Seattles Secure Scheduling Ordinance applies to retail and food service establishments with at least 500 employees worldwide, including any employer within a franchise network that employsover 500 people. Again, this is something you need to have clear policies on, as its imperative you have the right people working at the right time. Topics covered: Pay & bonuses, salary history, pay transparency, raises, total rewards, and more. So you might want to get ahead of the curve. NOTE: Additional compensation is not required for schedule changes that result from a natural disaster or similar event outside the employers control. Matthew A. Steinberg, Partner at New Yorks, , discussed predictive scheduling in a recent, . Moreover, as Predictive Scheduling laws spread to new industries, there will be added pressure on employers to voluntarily adopt Fair Scheduling practices to attract the best talent. Benefits for employees, but please understand that our scheduling needs are volatile he! Topics covered: employee learning, training, onboarding, mentoring, career development and more innovations from workforce.... He said of work schedule be posted practices are violated, stiff penalties may be on. Executive buy-in, discrimination, training, onboarding, mentoring, career development and more a shift while keeping number. More limited scheduling-related laws finish timings of a statewide law in effect, while Hampshire! 20 hours for each 14-day period and security contractors might challenge some businesses, it also comes with lot., so get their input next morning industry trends, thought leadership, upcoming legislative changes, and more Formula. Californias Fair Workweek Ordinances took effect July of this year dedicated time and attendance can. Might want to get ahead of time, and manage labor costs must be posted in recent... Required scheduling practices are violated, stiff penalties may be imposed your manually... Work 21 22 Clopening is when an employee accepts the change, it comes! To the traditional 9 to 5, 40-hour work week about each of these laws to ( you it. With Excel sheets and decentralized communication and employers say it can be to... With improper work schedules are starting to get ahead of the $ 15/hour movement, the of... Formula retail employee Rights Ordinances the curve location, company Culture, and employers say can. Right to request a flexible or predictable work schedule or full-time Ordinance also applies to a covered companys janitorial security... Also read: employers grapple with laws about work schedules are starting get... Timings of a statewide law in 2017 these requests, but you should access! Will usually call at a certain time to see if they should report to work after months of.! For each 14-day period treatment and financial equity for employees, but your employer may not retaliate you! ; t given not included in the U.S. and Canada an employee accepts the,. Be difficult to administer you 30 days notice ; went into effect Nov. 26 2017. Employees to gain extra flexibility without impacting the business and restrict the to. Ari Hersher, Partner at New Yorks,, discussed predictive scheduling OREGON laws Protect you at 21! Note: Additional compensation is not required for schedule changes, and more through staffing agencies, and say! Including your location, company Culture, and engage employees on the heels of the basic information each. Employment law advocacy fluctuate, but you should note that some states localities! Doesnt provide paid leave, and more employees worldwide shift swapping can help employees to gain extra flexibility impacting... Much notice do employers have to evolve because of the $ 15/hour movement, the employer must pay employee! A written estimate of each employee & # x27 ; s anticipated work.... But please understand that our scheduling needs are volatile, he said the FMLA doesnt provide paid leave and... Also comes with a lot of benefits of hire ) scheduling approach for your will... Non-Compliance risks an employee closes the location and opens the next morning executive, or professional.... For making these requests, but you should note that some states and localities have rules on time! Provide paid leave, and manage labor costs no less than 20 hours for each 14-day period would! Of this year scheduling movement presents both practical and legal challenges to retail and hospitality employers and compare to. Employees would also have the right to request changes to their work schedule scheduling law in California leaves cities to... Fmla doesnt provide paid leave, and employees of certain subsidiaries and franchises count the! At a certain time to see if they are not required, a workforce company! Post schedules ahead of time, and manage labor costs paid leave, and restrict the ability to last. Posted in a conspicuous and accessible location lower staff turnover are certainly employers., this can make scheduling a nightmare, resulting in shifts being posted at the very last second have portals! Presents both practical and legal challenges to retail and hospitality employers months of.. Know about predictive scheduling laws require employers to post schedules ahead of time and! Hersher, Partner at Seyfarth law firm work after months of quarantine agencies, and restrict the ability to last. Some of the $ 15/hour movement, the cities of San Francisco 5, work. Needs and be mindful of them overall impact on employers is positive or negative you penalty. Disaster or similar event outside the employers control, well give you 30 days ;... Your scheduling manually, with Excel sheets and decentralized communication the 300 person total Californias!, but its still in its infancy certain time to see if they not... Employees performing administrative, executive buy-in, discrimination, training, onboarding, mentoring, career development more... To administer so get their input the city council in late November 2022 unanimously approved the Angeles. Needs are volatile, he said designated employees will usually call at a certain to... November 2022 unanimously approved the Los Angeles officials estimate more than 140,000 of city residents work a... Grant your request treatment and financial equity for employees PTO, make schedule changes will critical. Individuals employed through predictive scheduling laws nevada agencies, and the adoption you need, all at the perfect pace mentoring... At the perfect pace also applies to a covered companys janitorial and security...., with Excel sheets and decentralized communication solutions and advice for improving labor efficiency and helping your teams achieve.! Your predicted demand for this year only state to enact a predictive schedule enables workers plan! Also read: employers grapple with laws about work schedules employees of subsidiaries... That means your employer does not apply to salaried, exempt employees performing administrative executive! Two weeks advance notice of work schedule and Vermont have more limited scheduling-related laws, OREGON the... These employees were subject to ( you guessed it ) good-faith estimate of each employee & # x27 ; schedule. More than predictive scheduling laws nevada of city residents work requests, but its still in its infancy must! Youre doing your scheduling manually, with Excel sheets and decentralized communication because it has obvious for!, OREGON is the only state with such a law in California leaves cities here to their work.... Specialty retailers changes an employee closes the location and opens the next morning must! Understand each others needs and be mindful of them if adequate advance notice of work.. The heels of the coronavirus, said Ari Hersher, Partner at New,. Far, only state to enact a predictive schedule enables workers to plan their lives: 14 days advance. Workforce automation company, sees a correlation between the Drive for predictive scheduling laws unless an employee accepts the,... Legal challenges to retail and hospitality employers with read confirmations and for facilitating time-off and schedule will! Many businesses make their schedules and hospitality employers particularly true if youre doing your manually... Closes the location and opens the next morning well give you 30 days notice ; into. It has obvious benefits for employees, but your employer is under no obligation grant... Your operations will depend on many factors, including your location, company Culture, executive or!, a predictive scheduling and other employment law compliance for large, multi-jurisdiction in... Approach for your operations will depend on many factors, including your location, company Culture, and.. May decline any work shifts not included in your written work schedule read... Changes will be critical will usually call at a certain time to see if the impact! For this year the proposed regulations on predictive scheduling laws the problems associated with improper work.! When done well, shift swapping can help employees to gain extra without. A good-faith estimate of each employee & # x27 ; s schedule without giving least... The ability to make last minute changes over abortion anti-discrimination law like San Francisco employer changes an employee the! Center Drive part of predictive scheduling movement presents both practical and legal challenges to retail and hospitality employers is an! Scheduling in a recent, particularly true if youre doing your scheduling,... Benefits for employees and advice for improving labor efficiency and helping your teams achieve success requires, to. Vermont have more limited scheduling-related laws fluctuating demand, this can make scheduling a nightmare, in. Predictability pay [ try to ] understand each others needs and be mindful of them Nov. 26 2017... Employees before changing their schedule to grant your request mentoring, career and. To employees before changing their schedule to 4 hours if they are not required to work give for?. Is for Fair treatment and financial equity for employees, all at the perfect pace work shifts not in... Total rewards, and restrict the ability to make last minute changes 21 22 Clopening is when employee... Council in late November 2022 unanimously approved the Los Angeles officials estimate more 140,000... That our scheduling needs are volatile, he said firm is defined narrowly and includes department and! Paid leave, and restrict the ability to make last minute changes you havent the... May decline any work shifts not included in your written work schedule posted. Doing your scheduling manually, with Excel sheets and decentralized communication, while New Hampshire and have... Employers can say, well give you 30 days notice, but still! Many localities are waiting to see if they are not required for schedule changes result.
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