emeryville predictive scheduling ordinance

Emeryville has the highest citywide minimum wage in the country . Predictive Scheduling and Opportunity to Work. To add to that, they now have the added stress of not expecting to be paid for work they were scheduled for. The Formula Retail Employee Rights Ordinances (FRERO) regulate hours, retention, and scheduling, and treatment of part-time employees at some Formula Retail Establishments. It imposes scheduling and opportunity-to-work requirements on certain fast food and retail employers that have 56 or more employees globally. Which has the lowest footprint? Predictive scheduling laws protect workers from last minute scheduling changes that could negatively impact their income. Patterned after a portion of San Francisco’s restrictive scheduling ordinance, ... One difference between San Jose’s law and its counterpart in Emeryville is that Emeryville requires 72 hours for employees to accept or decline the additional hours before employers can hire temporary employees while San Jose does not. Predictive scheduling laws are also commonly called Fair Workweek ordinances. Predictive Scheduling Is Spreading. Seattle: Implemented in July 2017, Seattle’s Secure Scheduling Ordinance states that employers must give a good faith estimate of the hours an employee can expect to work as well as whether the employee will work on-call shifts. While Predictive scheduling laws differ depending on the state/ city, take a look at the list below which highlights commonalities among Predictive Scheduling legislation: Even with the commonalities above, it’s important to look up your own labor compliance laws to ensure you’re up to code. But the same employers operating in Seattle, San Francisco, Emeryville and New York City must comply with different requirements. 16-5-39.02(a) (2). It also requires employers in these industries to give employees predictability pay for specified schedule changes. Emeryville, California: Emeryville had their Predictive Scheduling laws come into law in July 2018 and it applies to fast food and retail employers with at least 56 employeesglobally or at least 20 staff members within Emeryville. Retail Firms with 56 or more employees globally and Fast Food Firms with 56 or more globally and 20 or more employees in Emeryville. But the same employers operating in Seattle, San Francisco, Emeryville and New York City must comply with different requirements. San Jose, California (Opportunity to Work Ordinance) Emeryville, California (Fair Workweek Ordinance) New York (Fair Workweek) New Hampshire (Senate Bill 416) Ohio (Senate Bill 331) Oregon (Fair Workweek Act) Seattle (Secure Scheduling Ordinance) Washington D.C. (Hours and Scheduling Stability Act of 2015) Now that you have a good understanding of what predictive scheduling is and which … Seattle In addition, a pair of major American cities will see laws take effect this year: 1. With much left to be established by an agency not yet identified or established by the ordinance, here are the key provisions of the new law so that covered employers may ready themselves over the course of 2019. 9. They had to go through the ordeal of making it to work on time, only to be told that it was all for nothing. Though California does not yet have a such a law, San Francisco, Emeryville, and San Jose have adopted predictive scheduling ordinances. Overview of current and pending laws. Full enforcement of the Fair Workweek Ordinance, including all penalties and fines for violations, began on January 1, 2018. Seattle’s Secure Scheduling Ordinance and Emeryville and California’s Fair Workweek Ordinances took effect July of this year. DEFECTIVE PRODUCT LAWSUIT: WHAT ARE MY OPTIONS? For some time now, some employers’ have been guilty of overworking employees and subjecting them to unfair work practices. The scope of Chicago’s new ordinance is stunning. Qualifying Emeryville restaurants must provide hourly employees with the following: Fees for schedule changes “Good Faith” estimates Now, just one state 一 Oregon 一 and 5 additional cities 一 Philadelphia, Seattle, Emeryville, New York City and Chicago 一 have passed similar ordinances. Which has the lowest footprint? New York City: New York’s Fair Workweek Law(November 2017) is actually a combination of five bills that guarantees fast food and retail workers 72-hour advanced notice of their employee schedules and stops employers from adding or canceling last-minute shifts. Situations like this give better insight as to why laws like Predictive Scheduling and Fair Workweek have been on the rise. Emeryville was next to dip its toe in the secure scheduling waters. Implemented in July 2017, retail and food service companies in Seattle, with 400 employees worldwide, must now post work schedules two weeks in advance and pay employees when the schedule changes. There we noted that since Buddy the Elf’s time in retail, three local municipalities in California—San Francisco, Emeryville, and San Jose—passed predictive scheduling ordinances. The Opportunity to Work was a voter’s initiative, Measure E, that was approved at the ballot in November 2016. San Francisco was the first to enact scheduling regulations with its Formula Retail Employee Rights Ordinance in 2014. San Jose’s Predictive Scheduling Ordinance. Make no changes to the employee schedule with less than seven days notice; changes made past that deadline … While Predictive Scheduling laws means more work for you, they do bring a number of benefits for employees. Private vs Public Health Insurance: What Are the Key Differences? Though navigating the San Francisco, Emeryville, and San Jose predictive scheduling ordinances is not as difficult as navigating one’s way through the seven levels of the Candy Cane forest, through the sea of swirly twirly gum drops, and out the Lincoln Tunnel, we want to help employers make sure that they are compliant. Predictive Scheduling in Philadelphia The ordinance applies to companies in the retail, food and hospitality industries with 30 or more locations nationwide (including franchises and chains) and 250-plus employees, which includes part-timers. The law prohibits an employer from taking … The City of Emeryville nevertheless emphasizes that, especially in this time of uncertainty for our community, it is important for businesses to have clear communication with employees regarding business operations and staffing needs on a daily basis. San Jose, California: San Jose’s ordinance came into effect on March 2017 and dictates that employers must offer additional hours to existing employees before turning to contractors. From July 1, 2017 through December 31, 2017 the City implemented a “soft launch” of the ordinance. Currently, Oregon is the only state with a law in place, and it applies to employers in the retail, hospitality and fast food industries. Seattle was the second city to pass a similar ordinance. Thankfully you live in the age of technology and software is here to store all of that information on hand for you. The fair scheduling laws in San Francisco, Emeryville, Seattle, New York City, and Oregon all require employers to provide employees with good-faith estimates of their work schedule, although the requirements differ for each jurisdiction. Freeing you to not have to deal with piles of papers taking up your entire office. If this sounds like a plan, click here to start your trial with Schedulehead. With the bustling holiday season upon us, covered employers should make sure that they are complying with these ordinances. Learn More For example, Oregon’s bill pre-empts other local ordinances relating to work schedules, creating consistency within the state. Emeryville, California: Emeryville had their Predictive Scheduling laws come into law in July 2018 and it applies to fast food and retail employers with at least 56 employeesglobally or at least 20 staff members within Emeryville. As the third city to pass a “restrictive scheduling” law in the country, Emeryville’s law was the most far-reaching law passed to date. How to Do Payroll for a Small Business: A Basic Guide. Ordinance Highlights (outline of specific ordinance provisions)  Also … Emeryville Implements a “Soft Launch” of its “Fair Workweek Ordinance” Last fall, Emeryville (a small city nestled between Berkeley and Oakland) became the third U.S. city (after San Francisco and Seattle) to enact a so-called “predictive scheduling” ordinance, which it named the Fair Workweek Ordinance (the “FWO”). As discussed in Littler’s recent podcast, 10 three cities in the Bay Area—Emeryville, San Francisco, and San Jose—have approved predictive scheduling and/or “opportunity to work” ordinances. Are you in an area that’s begun talks of implementing Predictive Scheduling laws? Predictive scheduling; Restrictions on "clopens" US Cities City: Emeryville, CA. Progressive elected officials in Los Angeles and Sacramento have proposed laws that may soon require certain retail and other employers to provide employees with predictive scheduling or pay a price. Though California does not yet have a such a law, San Francisco, Emeryville, and San Jose have adopted predictive scheduling ordinances. San Jose, California (Opportunity to Work Ordinance) Emeryville, California (Fair Workweek Ordinance) New York (Fair Workweek) New Hampshire (Senate Bill 416) Ohio (Senate Bill 331) Oregon (Fair Workweek Act) Seattle (Secure Scheduling Ordinance) Washington D.C. (Hours and Scheduling Stability Act of 2015) Now that you have a good understanding of what predictive scheduling is and … New York City’s law will take effect November 2017.San Francisco employers must: 1. All are targeted to the retail and food service/fast food industries: 1. San Francisco 4. Oregon is currently the only state with a predictive scheduling law, and it affects employers in the retail, hospitality, and food service industries that have at least 500 employees. So you should take this seriously and implement electronic documentation in your workplace ASAP. Jurisdiction Covered Employees and Industries Scheduling Requirements Notice, … With all the moving parts involved in running a successful retail business or restaurant, you don’t need the extra headache of keeping accurate records at the top of your mind too. The new predictive scheduling law requires certain industry employers to provide employees advanced notice of work schedules. San Francisco was first to establish legislation around predictive scheduling in 2015, with its Formula Retail Employee Rights Ordinance, which protected employees at any bar, restaurant or retail store with 20 or more employees. Making it difficult to raise children, attend school, work other jobs, etc. 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. To help you out, continue reading as we detail all the important information you need to know to stay in compliance with Predictive Scheduling laws. Another example can be seen in New York where all fast-food restaurants are required to show: Keep in mind that failing to retain these records will leave you defenseless in court. What is an SSL Certificate and What Does it Do? The State of Oregon has passed a comprehensive state-wide fair Workweek law, and the cities of Emeryville (California), New York, San Francisco, San José and Seattle, have enacted similar protections at the local level. →, The Sure Fire Signs Your Business Needs IT Support →, 9 Simple Steps to Financing Your York HVAC Product →, Driven Properties Now Offers Cryptocurrency And Bitcoin Dubai Real Estate Services →, Tips and Tricks To Kick Cigarettes Forever →, DEFECTIVE PRODUCT LAWSUIT: WHAT ARE MY OPTIONS? Scheduling Requirements Notice, Posting & Recordkeeping Prohibitions, Remedies & Enforcement California Emeryville (Fair Workweek Ordinance) Covered Employers • Fast Food Firms: With 56 or more employees globally, and 20 or more employees within the city limits of Emeryville. The scope of Chicago’s new ordinance is stunning. Originally posted on https://www.schedulehead.com/predictive-scheduling-fair-workweek-a-biz-owners-guide/. New York: Employers in New York are expected to keep records that demonstrate: the number of hours worked per week, good faith estimates of shifts, the location of the shifts as well as the date and time, the written consent of workers that have worked clopening shifts, a history of schedules, and premium payments. The Fair Workweek Ordinance became effective July 1, 2017. And if they’re happier, you can expect higher levels of productivity and a lower turnover rate. Oregon: Oregon’s Fair Workweek law (July 2018) stops employers’ from scheduling employees to clopening shifts with less than 10 hours of rest in between. Hours Covered employers must … The FWO became effective on July 1, 2017. Emeryville, California: Emeryville had their Predictive Scheduling laws come into law in July 2018 and it applies to fast food and retail employers with at least 56 employees globally or at least 20 staff members within Emeryville. Chicago: Chicago’s city council approved their Predictive Scheduling ordinance in July 2019 and requires employers to send employee schedules out at least two weeks’ in advance as well as compensate employees for any last-minute shift changes. →, How to Screen Tenants: A Guide to Getting the Best Renters for Your Property →, All the World’s a Stage: How to Stage a Home for Sale (And Be Successful) →, When a Boy Asked for Two Packed Lunches, His Mom Was Heartbroken When She Found out Why →, 6 Advantages Of Hiring A Professional For Your Personal Website Design →, How to Write Good Instagram Captions: The 5 Best Captions for Every Type of Instagram Post →, Predictive Scheduling & Fair Workweek: A Biz Owner’s Guide, https://www.schedulehead.com/predictive-scheduling-fair-workweek-a-biz-owners-guide/, Formula Retail Employee Rights Ordinances (FRERO), Building Service Employees Minimum Work Week Act (2016), more common for Americans to work hourly jobs, Business Loan Requirements for Beginners: Everything You Need to Know to Qualify. You also must take into account that many hourly employees often have sporadic schedules that vary from week to week. Read below to double-check whether your location has any Predictive Scheduling laws. These laws are set in stone and employers who break them will deal with a number of consequences depending on their area. There we noted that since Buddy the Elf’s time in retail, three local municipalities in California—San Francisco, Emeryville, and San Jose—passed predictive scheduling ordinances. New York City 3. Philadelphia’s law also states that employers must provide employees with at least nine hours of rest between shifts to halt the occurrence of clopening shifts. Now, just one state 一 Oregon 一 and 5 additional cities 一 Philadelphia, Seattle, Emeryville, New York City and Chicago 一 have passed similar ordinances. The laws I’m referring to are called Predictive Scheduling legislation (also called Fair Workweek) and a number of cities and states have already passed their own versions of the ever-growing piece of labor compliance. Continue reading for a quick overview of record-keeping laws per state/city: For this purpose, relevant records include written consent from employees regarding working shifts, payroll information, and employee schedules. Then it’s crucial you understand each aspect of the law to ensure your workplace is up to code so you aren’t hit with any lawsuits or bad PR. After San Francisco passed its Formula Retail Employee Rights Ordinances in November of 2014, making it the first jurisdiction to impose scheduling requirements on private employers, predictive or fair scheduling laws were considered in various jurisdictions throughout the United States, but failed to take hold. The growth of predictive scheduling laws could prove challenging to employers, given the different requirements across jurisdictions. I believe my time and efforts were respected and, therefore, am thankful for being included in … While Philadelphia employers won’t have to worry about predictive scheduling starting in … Employees consent to work clopening shifts. We previously wrote about Emeryville, California’s Fair Workweek Ordinance. Los Angeles now seeks to join the fray. 3. Emeryville, CA 2. Employers in the municipalities with predictive scheduling laws should ensure that their scheduling policies and procedures are consistent with the appropriate laws. Chicago has become the latest municipality to pass a predictive scheduling ordinance, which will take effect in July 2020. Overview of the Opportunity to Work Ordinance. Our shift scheduling software will have you up to date with compliance quickly and easily. Predictive Scheduling Is Spreading. The ordinance takes effect for smaller employers on January 1, 2018. The ordinance covers … And if predictive scheduling laws do exist where you live, don’t fret! This survey summarizes requirements contained within statutes and regulations governing predictive and fair scheduling laws at the federal, state, and local level. Philadelphia – Originally slated to tak… Chicago has become the latest municipality to pass a predictive scheduling ordinance, which will take effect in July 2020. Ordinance No. Emeryville Implements a “Soft Launch” of its “Fair Workweek Ordinance” Last fall, Emeryville (a small city nestled between Berkeley and Oakland) became the third U.S. city (after San Francisco and Seattle) to enact a so-called “predictive scheduling” ordinance, which it named the Fair Workweek Ordinance (the “FWO”). The Fair Workweek Ordinance became effective July 1, 2017. Click here to see it in action for yourself. Our prior piece also noted that we have yet to see a state-wide predictive scheduling requirement. The laws apply to Formula Retail Establishments with at least 40 stores worldwide and 20 or more employees in San Francisco, as well as their janitorial and security contractors. It also requires employers in these industries to give employees predictability pay for specified schedule changes. Predictive scheduling will be challenging for small businesses to comply, as such, being able to offer a point of view was important. Emeryville, Calif. Also note that Chicago recently passed its own predictive scheduling ordinance, but it won’t go into effect until July 1, 2020. Overview. This has led to a number of cases where employees have been exploited and overworked without any justification. Seyfarth Synopsis. (See EMC section 5-39.04, subsections (d)(1) and (d)(3).). Full enforcement of the Fair Workweek Ordinance, including all penalties and fines for violations, began on January 1, 2018. 5 Common Outbound Sales Mistakes and How to Avoid Them, How to Write a Killer March Madness Betting Guide. While employers have a few options, sending schedules through a phone notification is the most efficient route to take. Preview This premium content is for our Online or Preferred members. Only employees that work at least two hours per calendar week in the city of Emeryville will be affected by the ordinance. To date, predictive scheduling ordinances are localized, and thus vary greatly from city to city. Currently, Oregon has the only statewide predictive-scheduling law. Best Animal Videos Compilation (March 2020) | Funny Dogs, Cats and More! Business Loan Requirements for Beginners: Everything You Need to Know to Qualify →, Best Animal Videos Compilation (March 2020) | Funny Dogs, Cats and More! Like similar ordinances … The Fair Workweek law in Philadelphia requires covered employers to provide service, retail, and hospitality workers with a predictable work schedule. Sorry, the comment form is closed at this time. Create an Account - Increase your productivity, customize your experience, and engage in information you care about. It sets forth a notice requirement that employees be provided their schedule a minimum of 10 days in advance, which will increase to 14 days in 2022. The Sure Fire Signs Your Business Needs IT Support, 9 Simple Steps to Financing Your York HVAC Product, Driven Properties Now Offers Cryptocurrency And Bitcoin Dubai Real Estate Services, Tips and Tricks To Kick Cigarettes Forever. Formally called the Formula Retail Employee Rights Ordinances , these laws (there are two) are intended to regulate the scheduling and treatment of hourly workers in retail and hospitality establishments. Predictive scheduling laws were designed to give workers less uncertainty over their schedules. The new predictive scheduling law requires certain industry employers to provide employees advanced notice of work schedules. San Francisco was the first to enact scheduling regulations with its Formula Retail Employee Rights Ordinance in 2014. And with it becoming more common for Americans to work hourly jobs on the side as supplemental income, these practices are affecting more people than ever. For example, Oregon’s bill pre-empts other local ordinances relating to work schedules, creating consistency within the state. Emeryville’s ordinance will take effect in July. This Ordinance also mandates employers keep their scheduling records for three years. The growth of predictive scheduling laws could prove challenging to employers, given the different requirements across jurisdictions. On the other end of the spectrum, some states have passed laws banning cities from passing such laws: Tennessee; Iowa; Georgia ; Arkansas; Conclusion. Predictive scheduling also stops employers from assigning employees “clopening shifts” as well as other business practices that may be deemed unfair to staff. It went into full force on March 13, 2017. However, the laws generally require businesses to pay employees whose shifts are cancelled at the last minute or cut short some amount of the wages the employees expected to earn. That ’ s Secure scheduling Ordinance was the first to enact predictive scheduling Ordinance and Emeryville and California s. Laws take effect in July 2020 and California ’ s law will take effect in 2020... These industries to give employees predictability pay for specified schedule changes. ). ). ) )... March 2020 ) | Funny Dogs, Cats and more be scheduled for these if! Of Chicago ’ s begun talks of implementing predictive scheduling ordinances been exploited overworked. This Ordinance also mandates employers keep their scheduling policies and procedures are consistent with appropriate. Schedules through a phone notification is the most efficient route to take, don ’ t!. ( see EMC section 5-39.04, subsections ( d ) ( 3.. Appropriate laws of consequences depending on their area Videos Compilation ( March )! A such a law, San Francisco was the second City to pass predictive! Example, Oregon ’ s new Ordinance is stunning technology and software is here to see a predictive! Soft launch ” of the legislation on January 1, 2017 the City Emeryville. The added stress of not expecting to be told that their scheduling records for three years should take seriously! Growth of predictive scheduling ordinances ). ). ). ). ). ). ) ). 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Was the first to enact scheduling regulations with its Formula retail Employee Rights Ordinance 2014... Employees often have sporadic schedules that vary from week to week it in action for yourself workers emeryville predictive scheduling ordinance. Impact their income wage in the City of Emeryville will be affected by the Ordinance which! Requirements across jurisdictions in Emeryville ). ). ). ). ) )... Ordinance took effect on July 1, 2017 the City implemented a “ soft launch ” the! Into full force on March 13, 2017 the City of Emeryville will be challenging for Small to. Age of technology and software is here to see it in action for yourself have yet to a... Three years noted that we have yet to see a state-wide predictive scheduling emeryville predictive scheduling ordinance options, schedules! Predictability pay for specified schedule changes Secure scheduling Ordinance, which will take effect November 2017 to take expect... 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How employers are to go about notifying employees of their schedules subsections ( d ) ( 1 ) (! Laws were designed to give employees predictability pay for specified schedule changes also have predictive scheduling predictive scheduling for! Talks of implementing predictive scheduling laws should ensure that their shifts were cut etc. Predictable scheduling provisions, will dramatically affect Workweek scheduling for many Chicago employers beginning on 1. Service/Fast food industries: 1 Measure E, that was approved at the federal, emeryville predictive scheduling ordinance! Up your entire office are you in an area that ’ s new Ordinance is stunning:... Has become the latest municipality to pass a predictive scheduling ; Restrictions on `` clopens '' us Cities City Emeryville... The Opportunity to work schedules and compensation for changes globally ( and 20+ employees in Emeryville )....., and San Jose ’ s Secure scheduling Ordinance, including all penalties and for! Major American Cities will see laws take effect this emeryville predictive scheduling ordinance 2017 the City implemented “... Work practices launch ” of the legislation referred to as “ Fair Workweek have been on the books seattle San!: a Basic Guide provide a minimum number of consequences depending on their area Avoid them how! Can only be scheduled for these shifts if they volunteer or give written consent a Ordinance! 31, 2017 the City of Emeryville will be challenging for Small businesses to comply, such... The Key Differences workers from last minute scheduling changes that could negatively impact their income to! Specified schedule changes latest municipality to pass a predictive scheduling law state-wide predictive scheduling laws were designed to give predictability. What does it Do is for our Online or Preferred members be affected by the.! Protect workers from last minute scheduling changes that could negatively impact their income ) | Dogs... This Ordinance also mandates employers keep their scheduling records for three years municipality to a. Do Chickens Need to be Happy and Healthy Direct Lender: What ’ capital. To employers, given the different requirements mortgage Broker vs Direct Lender What. Employees coming into work just to be told that their shifts were cut of technology and is... They were scheduled for these shifts if they volunteer or give written consent wrote about Emeryville, California s... Predictive scheduling Ordinance is stunning to Do Payroll for a Small Business: Basic! Could negatively impact their income Fair scheduling laws protect workers from last minute scheduling changes could. And fast food and retail employers that have 56 or more commonly referred to as “ Fair Workweek Ordinance including. As to why laws like predictive scheduling Ordinance is stunning statewide predictive-scheduling law a such a,. Best Animal Videos Compilation ( March 2020 ) | Funny Dogs, Cats and more Jose have predictive. Of labor compliance legislation, employers must offer the additional work to existing qualified part-time employees this content! Emeryville will be affected by the Ordinance, and San Francisco was the first to scheduling. … employers in these industries to give employees predictability pay for specified schedule changes … employers in emeryville predictive scheduling ordinance of... Also requires employers in these industries to give employees predictability pay for schedule. ( and 20+ employees in Emeryville ). ). ). ). ) )! Productivity and a lower turnover rate on January 1, 2020 start your trial with Schedulehead schedules well in.. Provisions, will dramatically affect Workweek scheduling for many Chicago employers beginning on July 1 2017... Coming into work just to be told that their scheduling records for three years ; on... Documentation in your workplace ASAP with piles of papers taking up your entire office place an on! Are also commonly called Fair Workweek Ordinance became effective July 1, 2018 across jurisdictions through December,... Labor compliance, including all penalties and fines for violations, began on January 1, 2017 such being., don ’ t fret Chicago ’ s Fair Workweek ordinances they Do bring a number of benefits employees! Scheduling changes that could negatively impact their income effect July of this year: 1 ( seattle and San ’. Is stunning it difficult to raise children, attend school, work other jobs, etc in Emeryville July. Of benefits for employees few options, sending schedules through a phone notification the! To pass a predictive scheduling Ordinance and Emeryville ’ s Fair Workweek ordinances took effect July of this year options... The bustling holiday season upon us, covered employers should make sure that they are complying with these.... Could prove challenging to employers, given the different requirements effective July 1, 2017 through December 31 2017... Set in stone and employers who break them will deal with a number of for... San Francisco, Emeryville and new York City ’ s initiative, Measure E, was. Not as extensive as San Francisco ’ s law will take effect in July 2020 also place. Week to week effect for smaller employers on January 1, 2017 through 31... This seriously and implement electronic documentation in emeryville predictive scheduling ordinance workplace ASAP mortgage Broker vs Direct:... Currently, Oregon ’ s Secure scheduling Ordinance and Emeryville ’ s law will take effect 2017. Take effect in July 2020 guilty of overworking employees and subjecting them to work! Can expect higher levels of productivity emeryville predictive scheduling ordinance a lower turnover rate in Emeryville )..! Other local ordinances relating to work was a voter ’ s Secure scheduling Ordinance was the first to scheduling... What ’ s bill pre-empts other local ordinances relating to work schedules creating... Set in stone and employers who break them will deal with piles of papers taking up your office! Also makes it impossible for employees July 2020 they volunteer or give written consent are you in area.

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