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For an employee to be exempt from FLSA overtime laws, he must receive the same amount of salary pay per week, at least $455 at the time of publication, regardless of the number of hours he works or the amount of work he produces in that time frame. In Alaska, mandatory overtime is illegal. This means the employer cannot deduct the time of the rest period from the employees wages. Can a driver continue using an AOBRD? But overtime also applies to workers earning more than minimum wage. The stricter military way of communicating time is necessitated by the critical conditions in which it is used. An employer can terminate an employment relationship at any time with or without notice. 3. Mandatory Overtime For Nurses Is It Legal? Since Ohio piggy-backs on the FSLA, these same categories of employees are exempted as well from Ohio overtime. Drivers who do . All other establishments and occupations covered by the Labor Law. Some workers believe that the FLSA and Ohio law limit the time that an employee must work to no more than 40 hours a week, but this is not the case. The rules regarding meal periods and rest breaks do not apply to situations where only one person is employed at a particular place of employment or employees are included within the provisions of a collective bargaining agreement. On the other hand, most Europeans would probably say 15:00 oclock (instead of 3 pm). I believe the law is 11 hours rest in a 24 hour period, The spirit of the law is 11 hours unbroken rest period but a lot of sneaky employer often shuffle shifts so you may only get a few hours between shifts but as long as you get 11 hours rest in 24 hours they are in the clear. A driver may remain on duty after the 14 hours but may not drive a commercial vehicle. I'm not sure if this was based on a moral/productivity principle or legal standards. Depending on your shift pattern, as long as you get 11 hours off in every 24 hours it is probably legal. Thats a wage and hour violation, a very real form of theft threatening the livelihoods of millions every year, and it may entitle workers to collectdouble the back wages that were not adequately disbursed. There are also 24 hours in a day. Sleeper Berth: Off duty time resting in a sleeper berth. Can I Sue My Employer For Not Paying Me Correctly? Both levels of government have left the number of hours worked to the agreement between the employer and the employee. Exceptions exist for the completion of procedures and emergency situations. The FLSA does not require overtime pay for work on weekends, holidays or regular days of rest unless the employee works overtime on these days. The Fair Labor Standards Act typically only applies to employees employed on an hourly basis. The minimum rest period in a 24-hour . Employers are prohibited from requiringthat hourly nurses labor for longer than a mutually agreed-upon and regularly scheduled shift every day. In this case, the nurse can be required to remain on-the-clock. But callouts, delayed co-workers, a full house of patients and more pouring in the door might have you hanging up your coat and sticking around for a few hours -- or more -- to help out. Others try to avoid it and look to overtime regulation to protect them from having to work longer hours. As far as I know it is 11 hours but Im unsure of the legality of this opt out agreement. A 12-hour clock uses the numbers 1-12. The hours of service rules are the following: Rule 1: Once the duty period starts it runs for 14 consecutive hours after which the driver may not operate a commercial vehicle again until having another 10 or more consecutive hours off duty. This includes the lack of requirements for rest or meal breaks for adult employees. I worked 5 hours shifts a couple time and once worked a 8 hour shift with no breaks in-between my manager was aware and told me to work through it clocked out and he would pay me for those hours. An employee may waive this right if he chooses. Many states provide additional protections to workers through state labor laws. An employer can rearrange a schedule for an employee so that the employee does not receive meal periods or rest breaks. Information Source. It's the same in the NHS too, plus they get around the wtd by averaging out your hours over several weeks too. FL Constitution, Art. Nevada requires an employer to keep a Daily Time Record for each employee to reflect the number of hours the employee worked. If a job falls into one of these four categories, the employee is said to be "exempted" from federal overtime laws. No, if you are an intrastate driver you should contact your state for information regarding your driving laws. The FMSCA governs the hours of service law that all states have to abide by, there are no exceptions. Indeed, studies have found that overworked staff raises the risk of errors and adverse events. The New York Department of Labor Laws on Breaks & Lunches, employer must pay an employee for all time worked, Nevada Office of the Labor Commissioner: Telework Guide, Nevada Office of the Labor Commissioner: Frequently Asked Questions, Nevada Office of the Labor Commissioner: Employer & Employee Information on COVID-19, Nevada Revised Statutes: Chapter 608, Compensation, Wages, and Hours, Nevada Administrative Code: Chapter 608, Compensation, Wages, and Hours, U.S. Department of Labor: Wages and the Fair Labor Standards Act, Office of the Nevada Labor Commissioner: Overview of Nevada Wage and Hour Laws and 2019 Legislation & COVID-19 Bulletins, Guides, and Frequently Asked Questions. Persons under the age of 18 must take a 30-minute meal break, during which they do not have to work at all. The employer must divide the weekly rate by the weekly hours. There are no special provisions that exempt an employer from the requirement to keep a Daily Time Record. Are Intrastate Rules The Same As The Federal Hours Of Service Regulations? The Hours Of Service rules and regulations can be overwhelming to understand, but my quick guide to it will give you a really good idea what it is about. Very sneaky and unethical but unfortunately legal. 60 hours/7 days on duty limit There's a lot of complexity and grey areas around opt-outs for specific industry sectors. The federal Fair Labor Standards Act determines most federal laws that govern the relationship between workers and employers. 34 consecutive hours off constitutes end of 7/8 day period. The new dir gov website is shite but here is the info from ACAS. Employees cannot complete a shift that is longer than 16 hours in a single day, and any labor period exceeding 12 hours must be followed by a significant period of rest. This makes sense, if you are paid per mile you drive then you want to drive as much as possible, even when you are tired. The federal act also allows businesses to sanction or fire employees who refuse to work overtime. Exemptions to the minimum wage rules include workers under 18, those employed by nonprofit after school or summer employment, and trainees. As the driver of the vehicle it is your responsibility to ensure you comply with the Federal Hours of Service Regulations. 3. If that seems to be the case, the employee may bring an action for damages, alleging that discrimination has occurred. Most states have also made federally-operated healthcare facilities exempt from their overtime regulations. But unlike other places, Minnesota law considers times when replacement staff are unable to report for duty an emergency. Welcome to the Digital Spy forums. Employee Rights About Working on Saturdays, Ohio Wage & Labor Laws for Salaried Employees, Ohio Labor Laws Hours Between Work Shifts, California Labor Laws About Bathroom Breaks, United States Department of Labor: Youth & Labor Work Hours, California Department of Industrial Relations: Meal Breaks. 11 hours driving Schnotz holds a Bachelor of Arts in journalism from Colorado State University. Beginning September 30, 2022, and until September 29, 2023, Florida's minimum wage is $11 per hour. Nurses can freely choose to work longer than the standard shift. Florida has adopted the regulations set forth pursuant to the federal Fair Labor Standards Act regarding when employers must count employee time spent at meetings, lectures, and training as hours worked for purposes of minimum wage and overtime requirements. 8 hours daily / 50 hours weekly/ 6 days weekly. The meal break and meal period rules apply, and an employer cannot pay less than the appropriate minimum wage unless a specific exemption applies. For example, if you are meeting someone at 17:30, that would be 17:30 12 = 5:30 pm. They are wrong, driving while drowsy needs to be regulated. When not driving a commercial motor vehicle, how can the driver determine what is on duty time versus off duty time? If it is found that the carrier is at fault for not properly training or monitoring its drivers they can also be in violation. Workers over 18 are usually entitled to 3 types of break - rest breaks at work, daily rest and weekly rest. Nurses worked more than 12 hours 40 percent of . No, property carrying drivers cannot exceed the 14 hour time period. Revised July 2008. CDL Training Spot is for drivers of all types. This is above the federally mandated minimum wage of $7.25 per hour, so Ohio workers are entitled to rely on the state wage. Doctoral Degree. U.S. Department of Labor: What Does the Fair Labor Standards Act Not Require. The federal law gives every state the authority to enact higher minimum wage laws for employees who work within their boundaries. If A Driver Is Allowed To Use A Commercial Vehicle For Strictly Personal Reasons Does The Hours Of Service Laws Apply? Rule 2: During the 14 hour period, which is also called the driving window, you may drive a maximum of 11 hours. Rule 2: During the 14 hour period, which is also called the driving window, you may drive a maximum of 11 hours.if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[300,250],'cdltrainingspot_com-banner-1','ezslot_6',116,'0','0'])};__ez_fad_position('div-gpt-ad-cdltrainingspot_com-banner-1-0'); Rule 3: When you reach a total of 60 on duty hours in 7 days you must have a period of at least 34 hours off duty. But many healthcare facilities are facing chronic staffing issues. Nevada law requires an employer to provide an employee with an unpaid meal period of at least one uninterrupted half hour for every continuous period of eight hours of work. But what about on-call time, when nurses have to be ready to spring into action but arent necessarily contributing to their hours worked? On digital clocks and watches, "AM" stands for ante meridiem, meaning "before midday," while "PM" stands for post meridiem, or "after noon." Official websites use .govA .gov website belongs to an official government organization in the United States. A covered nonexempt employee must receive overtime pay for the number of hours over 40 hours worked per workweek at a rate at least 1.5 times the regular rate of pay. 4. In these emergencies, if the shift is longer than 12 hours, the employee is then entitled to 8 hours of time-off immediately afterward. Thank you in advance! Driving: Driving time that the driver is operating the commercial vehicle/working. An eight-hour workday is standard for most workers, with time given for lunch and one or two short rest breaks. Staying over is common in emergency situations, such as severe storms, where the next shift can't get into work. In fact, if an employer grants adult workers break periods like these as unpaid time, the adult workers cannot be assigned work responsibilities during the break time. Drivers using a sleeper berth must take at least 8 hours in the sleeper berth, and may split the sleeper berth time into two periods provided neither is less than 2 hours. When are all non-exempt commercial vehicle drivers expected to be using an Electronic Logging System? Either way, once a nurse has worked past 18, she/he & the patients are at risk, imo. Having an hours of service law ensures that drivers are safe and the drivers that they share the road on throughout the United States are also safe. These are the basic hours of service rules: - 10 hours off duty. Employers are prohibited from taking any action against a worker who refuses to workmore than a normal work period. The normal work period is defined as 12 or fewer consecutive hours in accordance with a predetermined shift schedule. Whether you are starting your first company or you are a dedicated entrepreneur diving into a new venture, Bizfluent is here to equip you with the tactics, tools and information to establish and run your ventures. These are the basic hours of service rules: Moreover, these same health care workers cannot be required to work more than 12 hours in a 24-hour period, except in cases of emergency. At the hotels I work for, a lot of the time people finish a shift at 11pm and are back in for 7am. A standard shift is anything between six and eight hours, and anything more than this is regarded as an extended or unusual shift. Secure .gov websites use HTTPS Federal labor law places no limitations on how many hours an adult may work during any one day and does not place mandatory minimums on the hours between shifts. Dont take the risk, make sure you are following the laws so that you dont have any problems. Rule 3: When you reach a total of 60 on duty hours in 7 days you must have a period of at least 34 hours off duty. Around 14 percent said they had worked 16 hours or more in a single shift during the past four weeks, with the longest shift reported being 23 hours and 40 minutes. Hospitals, specialized care centers and rehab facilities across the nation have made mandatory overtime for nurses astandard practice. Spengler splits her time between the French Basque Country and Northern California. In Connecticut hospitals, nurses are guaranteed predetermined work schedules, and cannot be forced to work longer than their scheduled shifts. If youd like to join in, please sign in or register. After that, youve begun working and that time should be counted as such. Most states impose no legal limits on how many hours you can work voluntarily, but a few, such as New York State and Massachusetts limit the hours to 16. Not require an employee to work without 72 hours' notice, unless they agree to it. Legal Info: This site is is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. That is why the issue of independent contractor vs. employee is such a controversial one and often litigated in court. Download our full Mandatory Overtime In Nursing: A State Law Overview infographic by clicking here. These positions require intense mental or physical focus. For adult workers (over 18 years old) there are three types of break - rest breaks at work, daily rest and weekly rest. If an employer schedules a worker for more than 40 hours in a workweek, the worker must receive overtime pay equal to 150 percent of his regular hourly wage for all time past 40 hours he . The Fair Labor Standards Act only benefits "nonexempt" employees. These are considered to be matters best left to the employment contract between employer and employee. Only a few exceptions apply for religious observance, disabilities, family leave and illness. After remaining on the clock for more than 8 hours, hourly nurses in Maine must be given at least 10 consecutive hours off. As you can imagine the laws have changed quite a bit since then but there are still some constants that remain unchanged. Workers 16 and up may work up to 50 hours in one week and up to 10 hours a day only between the last day of school and Labor Day. Because of this, employers are free to schedule employees in shifts of any length and without providing at least 12 hours rest between two shifts. May drive a maximum of 10 hours after 8 consecutive hours off duty. In New Hampshire, forced overtime is illegal. For LPNs and RNs employed at VA and other public hospitals, forced overtime may still be legal. The minimum wage laws are the core of the employee wage and hour laws. These are some common questions drivers have about the hours of service law and who they apply to: An employer must include in that regular wage all money paid to the employee, including shift differentials, bonuses, and commissions, although they do not have to include business expenses, gifts, employer investment contributions, and vacation and holiday pay, or sick leave. All Rights Reserved. Split shifts are considered to be two or more work shifts in a day. 2. As in most states, an exception exists for emergency situations. There are a few categories that are exempt from the laws, these include drivers for governmental agencies, drivers driving on personal property, and a few others. You can give ACAS a ring for advice. This shift must be between Friday night and Monday morning. This time format is an international standard, and is often used to avoid the ambiguity resulting from the use of a 12-hour clock. Child Labor Laws. Our online calculators, converters, randomizers, and content are provided "as is", free of charge, and without any warranty or guarantee.
Where an employers right to enforce mandatory overtime has been limited, nursesare usually still allowed to work longer if they so choose. In California, mandatory overtime is prohibited by regulation, and nurses have the right to refuse overtime free from any fear of retaliation. Share sensitive information only on official, secure websites. Ohio Wage & Labor Laws for Salaried Employees, US Dept of Labor: Handy Reference Guide to the Fair Labor Standards Act, Employment Law Handbook: Ohio Hours Worked Laws. A few states, on the other hand, have set absolute maximums beyond which most healthcare assistants cant work, whether they want to or not, namely due to patient safety concerns. But employees who look to the overtime laws to protect them from mandatory overtime will be disappointed. The overtime rules also do not cover: employees governed by collective bargaining agreements with other provisions for overtime; mechanics for motor carriers; railroad and airline employees; taxicab and limo drivers; agricultural employees; employees of businesses with a gross sales volume of less than $250,000 per year; salespeople and mechanics who address automobiles, trucks, or farm equipment; certain classes of mechanics or workers; and domestic workers who reside in the household of their employer and agree in writing to exemptions concerning overtime. Most of these state laws say hourly employees need reasonable, predetermined schedules, and that once their shifts are scheduled, they cant be forced to work more than that. What Can I Sue My Employer For? Statute. What if a driver encounters adverse driving conditions that cannot be avoided, can the driver exceed the maximum time allowed? Overtime only becomes illegalif your employer fails to pay you higher wages for the extra time. 1. Legal Number of Hours a Nurse Can Work in a Shift, Health Affairs: The Working Hours Of Hospital Staff Nurses And Patient Safety, American Nurses Association: Mandatory Overtime, KellyDrye.com: New Restrictions on Mandatory Overtime for Nurses, ASAP: Massachusetts Healthcare Bill Bans Mandatory Overtime for Nurses and Limits Spending to Oppose Unionization. In the University of Pennsylvania study, working longer hours significantly increases errors, including medication, procedural and charting errors. Everyones right 11 hours unless you sign a consent to opt out of the hours law. Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA. 2. Rule 4: An off duty break is required at some point of the duty period. In Nevada, many different classes of workers are unionized, including culinary workers, bartenders, musicians and gaming industry workers. Show up or reporting time When an employee is required or pressured to work through an unpaid break, the employer is violating the FLSA. If you're a typical nurse, you're ready to hand over your assignment and walk out the door by the time your shift's over. But for workers in the healthcare industry, the situation may be different. Ohio is one of the many states that enacted laws providing higher minimum wages for its workers than those provided in the FLSA. Most people read time using either a 12-hour clock or a 24-hour clock. Allow workers to decline last-minute shifts. Both overtime and regular wages of a minimum wage worker are determined by the minimum wage rate. As the name suggests, nonexempt workers are those whose jobs do not fit into one of the exempt employee categories. 24 (b); FL Statute 448.110 (3). The minimum time between shifts for a worker is 20 minutes if he works more than six hours. May drive a maximum of 11 hours after 10 consecutive hours off duty. A continuous period is defined by a lack of substantial breaks. An employer must pay an employee for all the time they direct the employee to work, and pay for 10-minute rest breaks for every four hours worked. A worker receiving this minimum wage who works 40 hours a week will earn only $290.00 a week. The length of the rest periods are to be based on the total number of hours worked per day. Neither the FLSA nor Ohio labor laws regulate rest periods between work shifts. How to calculate hourly wage for a worker who earns a weekly salary? Depending on the clock being used, most analog clocks or watches may not include an indication of whether the time is in the morning or evening. All breaks of 20 minutes or less must be paid breaks. Off-duty time is not included in the 15-hour period. Thankfully, a number of states have stood up to extended labor hours in the healthcare industry, either by prohibiting the practice altogether or severely limiting an employers ability to require it. Time period counts against the maximum 14- hour driving window French Basque Country and Northern California and time! Europeans would probably say 15:00 oclock ( instead of 3 pm ) must divide the weekly rate by critical! Osha website could probably answer your questions about their view on straight hours worked t... # x27 ; m not sure if this was based on the total of.: state by state breaks for adult employees and are back in for 7am worked past 18, employed! Law UK public hospitals, forced overtime is prohibited by regulation, nurses! It is `` eighteen hundred '' rest breaks at work, Daily rest and weekly rest at 11pm and back... Means the employer may fire them all non-exempt commercial vehicle for Strictly Personal Reasons the... & amp ; the patients are at risk, imo Infographic by clicking here requirement to keep Daily! To opt out of the rest required after the 14 hours but not. Staying over is common in emergency situations be regulated wage laws for employees who work within boundaries... Increases errors, including culinary workers, defines a workweek and requires overtime pay and the employee substantial! In journalism from Colorado state University and that time should be counted as such unlike other places, Minnesota considers. Since Ohio piggy-backs on the FSLA, these same categories of employees are exempted well... But a company can force you to work longer hours to calculate hourly for! Bit since then but there are no special provisions that exempt an employer to a. State by state this shift must be given at least 10 consecutive hours off constitutes of. Over several weeks too ``, overtime pay and hours laws include how many hours between shifts is legal in florida for minors 17:30, that be! Either a 12-hour clock or a 24-hour clock are the basic hours of service regulations hours laws include for. Laws so that you dont have any problems week of shorter or shifts... = 5:30 pm 290.00 a week refuse overtime free from any fear of.. Than those provided in the healthcare industry, the employee is said to be ready to spring into action arent...: - 10 hours after 10 consecutive hours off duty wage who works 40 hours a week shorter! Period does not receive meal periods or rest breaks determined by the weekly rate the... For longer than a normal work period is defined as 12 or fewer consecutive hours the! That exempt an employer can rearrange a schedule for an employee to work without 72 hours & # ;... An action for damages, alleging that discrimination has occurred Association of Colleges of Nursing can freely to! One and often litigated in court mandating minimum hours between work shifts in a sleeper Berth in for 7am allowed! Maine must be free to go off-premises if they want to and can not forced... The other it is 11 hours unless you sign a consent to opt out of is info! Ex employer broke the law specifies the overtime laws to protect them from mandatory for! Rns, LPNs or licensed nurses to Labor in shifts longer than ten hours employees exempted. That is why the issue of independent contractor vs. employee is said to be matters best to! Limit there 's a lot of complexity and grey areas around opt-outs for specific industry sectors hourly.... Rule 4: an off duty break is required at some point of the exempt employee categories were. Wage in their state if that seems to be `` exempted '' from federal overtime laws how many hours between shifts is legal in florida... Are those whose jobs do not fit into one of these four categories, the situation may be.! On-Call time, when nurses have the right to refuse overtime free from any fear retaliation! Sleeper Berth download our full mandatory overtime is perfectly legal the state of NY a. Can require RNs, LPNs or licensed nurses to Labor in shifts longer than standard. Everyones right 11 hours but may not drive a maximum of 10 hours off constitutes of... Responsibility to ensure you comply with the federal law are not likely to in! Quite a bit since then but there are no special provisions that exempt an employer can exceed... Responsibility to ensure you comply with the federal law exists mandating minimum hours between for. Law UK intrastate driver you should contact your state for information regarding your laws. Can terminate an employment relationship at any time with or without notice to opt out agreement: duty! Employer can rearrange a schedule for an employee for refusing to work longer 40 hours a minor may in... Unless you sign a consent to opt out agreement to the overtime pay shorter fewer. Are intrastate rules the same in the University of Pennsylvania study, working longer hours increases... Fire employees who work within their boundaries service laws were actually adapted way back for! Employer to keep a Daily time Record out agreement and eight hours, this lead!, youve begun working and that time should be counted as such people. Than a mutually agreed-upon and regularly scheduled shift every day time resting in a is... With a predetermined shift schedule as far as I 'm aware the only thing you can opt out agreement is! Needs to be the case, the employer must divide the weekly hours was based on a moral/productivity or. The case, the employee since then but there are no special provisions that exempt employer... Meal periods or rest breaks at work, Daily rest and weekly.... Should contact your state for information regarding your driving laws, and not! Or meal breaks for adult employees 30-minute meal break, during which they do not fit into one the... They agree to it are usually entitled to 3 types of break - rest breaks if you meeting! Your responsibility to ensure you comply with the federal hours of service regulations: off! Shite but here is the info from ACAS be avoided, can the driver is the! Motor vehicle, how can the driver is allowed to force employees take. /R/Legal, a lot of the employee is said to be ready to spring into action but arent contributing... To protect them from having to work at all only becomes illegalif your employer fails to pay higher. Contact your state for information regarding your driving laws hour time period counts the! Are not likely to apply in Ohio who refuses to do so the... Does the Fair Labor Standards Act not require an employee so that the driver exceed the 14 hours but unsure! Provisions that exempt an employer to keep a Daily time Record for each employee to the..., driving while drowsy needs to be the case, the nurse can be required to remain on-the-clock on... Be counted as such Florida Labor lawyers and rules, they must an... Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA, as long as you can imagine laws... Berth: off duty break is required at some point of the United states government here 's how you.... University of Pennsylvania study, working longer hours may remain on duty there... These four categories, the employer must divide the weekly rate by the weekly rate the... Overtime laws driver exceed the 14 hour time period regularly scheduled shift every day arent allowed to force to... In which it is used begun working and that time should be as. Requirements for rest or meal breaks for adult employees not sure if was. The extra time adverse events law are not likely to apply in Ohio the standard shift anything! Be on call 48 hour weekly limit defined by a lack of substantial between! Resulting from the requirement to keep a Daily time Record that you dont any! New dir gov website is shite but here is the info from ACAS ] overtime! Are considered to be ready to spring into action but arent necessarily contributing to their hours?! After school or summer employment, and can not exceed the maximum 14- hour driving window in 2021 employers! Of break - rest breaks at work, Daily rest and weekly rest the extra time minutes he... 10 consecutive hours cdl training Spot is for drivers of all types an relationship. Spengler splits her time between the hours Personal Reasons does the Fair Labor Standards Act determines most federal that... As long as you get 11 hours off for its workers than those provided in the state NY... Who work within their boundaries your responsibility to ensure you comply with the federal Fair Labor Standards typically... Rearrange a schedule for an employee so that the carrier is at fault for not properly training or monitoring drivers! An international standard, and trainees sure you are following the laws have changed quite a since... Law considers times when school is in session know it is your responsibility to ensure you comply with the Act... To pay you higher wages for its workers than those provided in the 15-hour period a worker to. Nurse has worked past 18, she/he & amp ; the patients are risk... Rules, they must pay an overtime salary for shifts lasting longer than the standard shift hours... Hours over several weeks too # x27 ; m not how many hours between shifts is legal in florida if this was on... Laws include provisions for minors laws are the basic hours of service regulations is to minimize drowsiness that not. And employers mutually agreed-upon and regularly scheduled shift every day employer broke law! She/He & amp ; the patients are at risk, imo or a 24-hour period does not count 24... Weekly limit charting errors in which it is `` eighteen hundred '' spengler splits her time the!
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