Cal. Georgia and its 60-day notice requirement for an employer that orders a mass layoff, relocation or termination at a covered establishment. Art. home | about | services | contact. Arizona (c) “Layoff” means a separation from a position for lack of funds or lack of work. CFR Title 7 Section 1400.201 General provisions for determining whether a person or legal entity is actively engaged in farming of the Electronic Code of Federal Regulations Self-insured employer. Sec. California Universal Citation: CA Labor Code § 1400 (2018) 1400. An employer who has secured from the Director of Industrial Relations a certificate of consent to self-insure against workers' compensation claims pursuant to Labor Code Section 3700. Purpose: This instruction is composed of several volumes, each containing its own purpose. The definitions set forth in this section shall govern the construction and meaning of the terms used in this chapter: (a) “Covered establishment” means any industrial or commercial facility or part thereof that employs, or has employed within the preceding 12 months, 75 or more persons. 2. Labor Code § 1402.) 29:4.1.3.1.1.1: SUBPART A: Subpart A - General: 29:4.1.3.1.1.1.1.1: SECTION 1400.735-3 1400.735-3 Advice and counseling service. Source: California Labor Code, Section 1400. Labor Code Sections 1400 through 1408. The definitions set forth in this section shall govern the construction and meaning of the terms used in this chapter: … (“The definitions set forth in this section shall govern the construction and meaning of the terms used in this chapter: (a) “Covered establishment means any industrial or commercial facility or part thereof that employs, or has employed within the preceding 12 months, 75 or more persons. V - Mode of Amendment (g) (1) This chapter does not apply where the closing or layoff is the result of the completion of a particular project or undertaking of an employer subject to Wage Order 11, regulating the Broadcasting Industry, Wage Order 12, regulating the Motion Picture Industry, or Wage Order 16, regulating Certain On-Site Occupations in the Construction, Drilling, Logging and Mining Industries, of the Industrial Welfare Commission, and the employees were hired with the understanding that their employment was limited to the duration of that project or undertaking. (“Fed’l WARN Act”) and California Labor Code section 1400, et seq. 20). California maintains its own “mini” WARN Act, Labor Code section 1400, et seq., which requires employers with 75 or more employees to give 60 days’ notice prior to mass layoffs, substantial relocations, or termination of operations at a covered establishment. System: Labor-Management Relations,” December 1, 1996 . part 1400 - standards of conduct, responsibilities, and discipline Subpart B — Employees: Ethical and Other Conduct and Responsibilities § 1400.735-20 Code of Professional Conduct for Labor Mediators. ). Section 1400. ... (Lab. As a result, a party may maintain any cause of action seeking to collect due and unpaid wages pursuant to sections 200-244 in court, despite an agreement to arbitrate. CA Labor Code § 1400 (through 2012 Leg Sess) What's This? Terms Used In California Labor Code 1400 Google Chrome, Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. (b) “Employer” means any person, as defined by 1351 to 1400. presidential decree no. The definitions set forth in this section shall govern the construction and meaning of the terms used in this chapter: (a) “Covered establishment” means any industrial or commercial facility or part thereof that employs, or has employed within the preceding 12 months, 75 or more persons. North Carolina 1. By March 23, 2020, the Labor and Workforce Development Agency shall provide guidance to the public regarding how … EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.5] CHAPTER 4. L. 108–446. Introduction. (c) “Layoff” means a separation from a position for lack of funds or lack of work. E. inspection of payroll records pursuant to Labor Code Section 1776, and as set forth in Section 16400 (e) of these regulations. Labor Code Section 1400-1408: This act is also known as the Cal-WARN Act. All rights reserved. A parent corporation is an employer as to any covered establishment directly owned and operated by its corporate subsidiary. 37, contained short title for this chapter and related to congressional findings and purposes, prior to the general amendment of subchapters I to IV of this chapter by Pub. (f) “Termination” means the cessation or substantial cessation of industrial or commercial operations in a covered establishment. Section 1400. Oregon Code of Regs., section 25904(b). D. to keep accurate records of the work perform the public wored onks project, as set forth in Labor Code Section 1812. Per Chapter 4, Part 4, Sections 1400-1408 of the Labor Code, WARN protects employees, their families, and communities by requiring that employers give a 60-day notice to the affected employees and both state and local representatives prior to a plant closing or mass layoff. (d) “Mass layoff” means a layoff during any 30-day period of 50 or more employees at a covered establishment. CALIFORNIA LABOR CODE. New section filed 3-3-47; effective thirtieth day thereafter (Register 7). Code § 1400. (e) “Relocation” means the removal of all or substantially all of the industrial or commercial operations in a covered establishment to a different location 100 miles or more away. Per the Executive Order, Cal. Terms Used In California Labor Code 1400. (e) “Relocation” means the removal of all or substantially all of the industrial or commercial operations in a covered establishment to a different location 100 miles or more away. Labor Code Section 132(A) Labor Code Section 4553 Serious and Wilful Misconduct Defense; Nakamoto, Favela & Liu, LLP . Section 1400.202. . If a mass layoff falls within the provisions of this act , then employees must be given 60 days’ notice. NOTE: Authority cited: Section 6410, Labor Code. Microsoft Edge. Current through the 2020 Legislative Session. Chapter 4 - RELOCATIONS, TERMINATIONS, AND MASS LAYOFFS. . When does the 60-day time clock start? Codification. One bill affected this section. 4. section 2101, et seq. Repealer filed 5-16-73; designated effective 7-1-73 (Register 73, No. SUBTITLE D: CODE DEPARTMENTS CHAPTER XXIX: DEPARTMENT OF LABOR PART 1400 ACCESS TO INFORMATION The General Assembly's Illinois Administrative Code database includes only those rulemakings that have been permanently adopted. CFR ; prev | next § 1400.202 Persons. The Worker Adjustment and Retraining Notification Act (WARN Act) is a federal act that requires certain employers to give advance notice of significant layoffs to their employees. [California Labor Code Section 1400 (a) and (h)] PLANT CLOSING OR LAYOFF REQUIRING NOTICE: Plant closings involving 50 or more employees during a 30-day period. Relocations,Terminations, and Mass Layoffs Section 1400. Layoffs within a 30-day period involving 50 to 499 full-time employees constituting at least 33% of the full-time workforce at a single site of employment. Florida (b) of section 601 of Pub. 1400. Here, the Court of Appeal found that only 1 of Lane’s 8 causes of action fell under section 229—the cause of action for unpaid wages. ), Alabama Cal. The definitions set forth in this section shall govern the construction and meaning of the terms used in this chapter: (a) “ Covered establishment ” means any industrial or commercial facility or part thereof that employs, or has employed within the preceding 12 months, 75 or more persons. Source: California Labor Code, Section 1400(d)&(h) Where is the “single site” of employment for an employee who travels, such as a salesperson? Labor Code; Employment Regulation & Supervision; Employees; Relocations, Terminations, & Mass Layoffs; Section 1402.5 ; California Labor Code Sec. Labor Code §§ 226.7 and 512 and the applicable wage orders require an employer to authorize and permit meal and rest periods to their employees. (3) Provisions to ensure compliance with all applicable provisions of Chapter 4 (commencing with Section 1400) of Part of 4 of Division 2 of the Labor Code. US Tax Court Subsec. The definitions set forth in this section shall govern the construction and meaning of the terms used in this chapter: (a) “Covered establishment” means any industrial or commercial facility or part thereof that employs, or has employed within the preceding 12 months, 75 or more persons. 780, Sec. Cal. Division 2 - EMPLOYMENT REGULATION AND SUPERVISION. Labor Code §1400.) Legal Jurisdiction : WARN requirements are enforced through U.S. district courts. Unless otherwise specified, Labor Code section 1400 provides definitions for … Generally speaking, the California WARN Act, Labor Code 1400 et seq., applies to all California employees of whom both of the following are true: The employee has been employed by the employer for at least six (6) of the twelve (12) months preceding … Employers must give a WARN notice at least 60 calendar days prior to any planned plant closing or mass layoff. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. Effective January 1, 2003. Labor Code Section 132(A) Labor Code Section 4553 Serious and Wilful Misconduct Defense; Nakamoto, Favela & Liu, LLP . Part: General Information Number: 1400 Section: Financial Management and Administration Date: 2016-05-16 Subsection: Financial Management and Control Page: 2 of 3 Ministry of Finance, Provincial Comptroller’s Office • The Estimates are to be prepared by the Minister of Finance in any form that Treasury Board may direct (subsection 12(1)). Section 18 Section 508 DoDI 1400.25: Civilian Personnel Management SUMMARY: This Instruction reissues and cancels DoD 1400.25-M, "Civilian Personnel Manual," and is composed of several volumes, each containing its own purpose. (2) This chapter does not apply to employees who are employed in seasonal employment where the employees were hired with the understanding that their employment was seasonal and temporary. Persons. (h) “Employee” means a person employed by an employer for at least 6 months of the 12 months preceding the date on which notice is required. HISTORY 1. ... amending book v of the labor code of the philippines to insure speedy labor justice and further stabilize industrial peace. Compiled April, 2015. The definitions set forth in this section shall govern the construction and meaning of the terms used in this chapter: (a) "Covered establishment" means any industrial or commercial facility or part thereof that employs, or has employed within the preceding 12 months, 75 or more persons. A prior section 1400, Pub. An employer required to give notice of any mass layoff, relocation, or termination under this chapter shall include in its notice the elements required by the federal Worker Adjustment and Retraining Notification Act (29 U.S.C. Labor Code DIVISION 2. Labor Code § 3212.3 is applicable to a certified, full time salaried, California Highway Patrol peace officer under subdivision (a) of Section 2250.1 of the Vehicle Code who developed heart trouble or pneumonia during the period of his service with the department. Board of Patent Appeals, Preamble seq.) 5). Copyright © 2020, Thomson Reuters. Virginia New York II - Executive Read this complete California Code, Labor Code - LAB § 1400 on Westlaw, industry-leading online legal research system, Amazon Alleged to Spy on Its Workers Even More Than Its Consumers, Betting Money Is Now on Supreme Court Keeping ACA Largely Intact. (d) “Mass layoff” means a layoff during any 30-day period of 50 or more employees at a covered establishment. . Further information on submitting written comments can be We recommend using A prior section 1400, Pub. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. L. 91–230. This bill adds to, or repeals, section 12945.21 of the Government Code, adds section 113963 to the Health and Safety Code, amends section 248.5 of the Labor Code and adds Sections 248 and 248.1 to the Labor Code. Labor Code Section 132(A) Labor Code Section 4553 Serious and Wilful Misconduct Defense; Nakamoto, Favela & Liu, LLP . Section 1402 governs the consequences of “fail [ing] to give” the required notice and specifically refers to the statutory notice as that “required by paragraph (1) of subdivision (a) of Section 1401,” which includes the definitions contained in section 1400. 29:4.1.3.1.1.2: SUBPART B L. 115–97, set out as an Effective Date of 2017 Amendment note under section 1016 of this title. Nevada Ohio home | about | services | contact. It is axiomatic that unemployment insurance benefits are to be paid only to the unemployed. 3. presidential decrees nos. HISTORY 1. under the Labor Code Private Attorneys General Act of 2004 (Labor Code §2699), provided that they have first given written notice of the alleged violation(s) to the state Labor and Workforce Development Agency and to the employer. Our review of the annotated history reveals the following legislative history (every “c.” below represents a separate legislative bill): Added: 2002, c. 780 Amended: None at this time. Art. Washington, US Supreme Court (f) “Termination” means the cessation or substantial cessation of industrial or commercial operations in a covered establishment. (a).) Labor Code Sections 1401(a), 1402 and 1403 (the key … The California Worker Adjustment and Retraining Notification Act, Labor Code § 1400, et seq., took effect on January 1, 2003, and prohibits an employer from, inter alia, ordering a “mass layoff” of 50 or more employees during a 30-day period unless the employer gives 60 days’ notice to the affected employees and various governmental entities. CA Labor Code § 1401 (2017) (a) An employer may not order a mass layoff, relocation, or termination at a covered establishment unless, 60 days before the order takes effect, the employer gives written notice of the order to the following: (1) The employees of … 2002, Ch. Are We Opening a Pandora's Box in Criticizing Law Firms Challenging the 2020 Election? CHAPTER 4 - Relocations, Terminations, and Mass Layoffs Section 1400. [California Labor Code Section 1400 (g)] The notice requirements do not apply to employees involved in seasonal employment where the employees were hired with the understanding that their employment was seasonal and temporary. Firefox, or Section 229 covers claims brought pursuant to sections 200-244 of the Labor Code. I - Legislative Labor Code 1400 — Construction of chapter; definitions; application of chapter. More information on UI and other resources available for workers is available at labor.ca .gov/coronavirus2019. " A parent corporation is an employer as to any covered establishment directly owned and operated by its corporate subsidiary. Art. Section is comprised of section 601 of Pub. New Jersey ... amending section 30 of the tax code to allow accelerated deduction under certain conditions of exploration and development expenditures. Relocation is defined as a move to a different location more than 100 miles away (California Labor Code Section 1400 (c) and (d)). Code §§ 1400, et seq.) Download PDF. 1351 to 1400. Written comments must be received by 23 November 2020. , who directly or indirectly owns and operates a covered establishment. Layoffs within a 30-day period involving 50 to 499 full-time employees constituting at least 33% of the full-time workforce at a single site of employment. (a) An employer may not order a mass layoff, relocation, or termination at a covered establishment unless, 60 days before the order takes effect, the employer gives written notice of the order to the following: (1) The employees of the covered establishment affected by the order. Texas The California Worker Adjustment and Retraining Notification (WARN) Act (See, Labor Code Section 1400-1408) expands on the requirements of the federal WARN Act and provides protection to employees, their families and communities by requiring employers to give affected employees and other state and local representatives notice 60 days in advance of a plant closing or mass layoff. (g)(1) This chapter does not apply where the closing or layoff is the result of the completion of a particular project or undertaking of an employer subject to Wage Order 11, regulating the Broadcasting Industry, Wage Order 12, regulating the Motion Picture Industry, or Wage Order 16, regulating Certain On-Site Occupations in the Construction, Drilling, Logging and Mining Industries, of the Industrial Welfare Commission, and the employees were hired with the understanding that their employment was limited to the duration of that project or undertaking. Massachusetts Labor Code Sections 1400 through 1408 Compiled April, 2015 Our review of the annotated history reveals the following legislative history (every “c.” below represents a separate legislative bill): The definitions set forth in this section shall govern the construction and meaning of the terms used in this chapter: (a) “Covered establishment” means any industrial or commercial facility or part thereof that employs, or has employed within the preceding 12 months, 75 or more persons. (Cal. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables. The definitions set forth in this section shall govern the construction and meaning of the terms used in this chapter: (a) Covered establishment means any industrial or commercial facility … (a) An employer may not order a mass layoff, relocation, or termination at a covered establishment unless, 60 days before the order takes effect, the employer gives written notice of the order to the … Illinois Michigan (Added by Stats. 1926.1400(c)(17)(iii)(C) The material being handled by the crane is a structural steel member (for example, steel joists, beams, columns, steel decking (bundled or unbundled) or a component of a systems-engineered metal building (as defined in 29 CFR 1926 subpart R). IV - States' Relations Part 4 - EMPLOYEES. Unless otherwise specified, Labor Code section 1400 provides definitions for the terms used in this suspension. Reference: Sections 3700, 6409(b) and 6410, Labor Code. California maintains its own “mini” WARN Act, Labor Code section 1400, et seq., which requires employers with 75 or more employees to give 60 days’ notice prior to mass layoffs, substantial relocations, or termination of operations at a covered establishment. Labor Code § 1400 : California Labor Code — Employment Regulation And Supervision — Relocations, Terminations, And Mass Layoffs — Definitions on CaseMine. required by 29 U.S.C. L. 91–230, title VI, § 601, as added Pub. Approved by: Matthew P. Donovan, Performing the Duties of the Under Secretary of Defense for Personnel and Readiness . 7 CFR § 1400.202 - Persons. presidential decrees nos. NOTE: Authority cited: Section 6410, Labor Code. It repeals Labor Code section 2750.3 which was enacted as a result of AB 5 and adds new sections 2775 through 2787 of the Labor Code. LABOR CODE SECTION 1400-1408 1400. 1400. (§ 1402, subd. Get full details of Cal. Amendment filed 11-26-51; effective thirtieth day thereafter (Register 26, No. Labor Code section 1725.5 [with limited exceptions om this requirement forfr bid purposes only under Labor Code section 1771.1(a)]. Labor Code §1400.) Art. Lab. VI - Prior Debts Broadly speaking, both the federal Worker Adjustment and Retraining Act (WARN Act) and its California counterpart (Cal-WARN, California Labor Code section 1400 et. C. workers' compensation coverage, set forth in Labor Code Sections 1860 and 1861. Section effective on Dec. 22, 2017, see section 13823(d) of Pub. In accordance with the authority in DoD Directives 5124.02 and 1400.25: (2) This chapter does not apply to employees who are employed in seasonal employment where the employees were hired with the understanding that their employment was seasonal and temporary. OEHHA is providing an opportunity to comment as to whether the chemicals meet the requirements for listing as causing cancer specified in Health and Safety Code section 25249.8(a), Labor Code section 6382(b)(1), and Title 27, Cal. (“Cal WARN Act”; collectively with the Fed’l WARN Act, “WARN Acts”). Section 1400.400 Inspection of Records at Department Offices Section 1400.410 Copies of Public Records; Copy Fees AUTHORITY: Implementing and authorized by the Freedom of Information Act [ILCS 140] and Section 5-15 of the Illinois Administrative Procedure Act [5 ILCS 100/5-15]. III - Judicial Alaska 2101 et seq. Labor Code § 3212.3 is applicable to a certified, full time salaried, California Highway Patrol peace officer under subdivision (a) of Section 2250.1 of the Vehicle Code who developed heart trouble or pneumonia during the period of his service with the department. Pennsylvania According to the language of the statute, a “mass layoff” is any “layoff during any 30-day period of 50or more employees at a covered work establishment.”1 An employer who fails to give the required notice is liable to each employee for back pay and the value of the costs of any benefits the employee lost. The court, in its discretion, may allow the prevailing party reasonable attorneys' fees as part of the costs (29 USC 2101, et seq.). Internet Explorer 11 is no longer supported. L. 91–230 set out the table of contents for the Individuals with Disabilities Education Act. For more detailed codes research information, including annotations and citations, please visit Westlaw. Reference: Sections 5401(a), 6409(a) and 6409.1(a), Labor Code. 3. According to the language of the statute, a “mass layoff” is any “layoff during any 30-day period of 50or more employees at a covered work establishment.”1 An employer who fails to give the required notice is liable to each employee for back pay and the value of the costs of any benefits the employee lost. Art VII - Ratification. Art. Indiana AB 1947 — Time period for filing DLSE complaints (Effective Jan. 1, 2021) (h) “Employee” means a person employed by an employer for at least 6 months of the 12 months preceding the date on which notice is required. home | about | services | contact. FCC Again Rejects Net Neutrality Even as Controversy Reignites. CA Labor Code § 1400 (2017) The definitions set forth in this section shall govern the construction and meaning of the terms used in this chapter: (a) “Covered establishment” means any industrial or commercial facility or part thereof that employs, or has employed within the preceding 12 months, 75 or more persons. [California Labor Code Section 1400 (g)] The notice requirements do not apply to employees involved in seasonal employment where the employees were hired with the understanding that their employment was seasonal and temporary. Layoffs of 500 of more are covered regardless of percentage of workforce. Labor Code section 1401 (b), such written notice must contain the following statement: "If you have lost your job or been laid off temporarily, you may be eligible for Unemp oyment Insurance (UI). L. 105–17, title I, § 101, June 4, 1997, 111 Stat. [California Labor Code Section 1400 (a) and (h)] Plant Closing or Layoff Requiring Notice Plant closings involving 50 or more employees during a 30-day period. require employers provide 60-days advance notice of any mass layoffs, relocations or terminations (e.g. labor.ca .gov/coronavirus2019. " Art. Labor Code Section 2808(b) : An employer must provide an employee upon termination with notification of healthcare coverage options. California law prohibits employers from employing an employee for more than five hours without a meal period of at least 30 minutes. Begin typing to search, use arrow keys to navigate, use enter to select. The definitions set forth in this section shall govern the construction and meaning of the terms used in this chapter: (a) “Covered establishment” means any industrial or commercial facility or part thereof that employs, or has employed within the preceding 12 months, 75 or more persons. chapter 5. labor representatives and elections ..... 1156-1159 chapter 6. prevention of unfair labor practices and judicial review and enforcement ..... 1160-1161 chapter 6.5. contract dispute resolution ..... 1164-1164.13 chapter 7. suits involving employers and labor organizations 1165-1165.4 This menu will point out the Sections on which an emergency rule (valid for a maximum of 150 days, usually until replaced by a permanent rulemaking) … Prior Provisions. (b) “Employer” means any person, as defined by Section 18, who directly or indirectly owns and operates a covered establishment. Of healthcare coverage options and its 60-day notice requirement for an employer to... Section 6410, Labor Code Section 2808 ( b ): an employer as to any establishment. Several volumes, each containing its own purpose legal research system 50 more. Ui and other resources available for workers is available at labor.ca.gov/coronavirus2019. prior to any covered establishment §,! Including annotations and citations, please visit Westlaw a position for lack of work ’ notice be given 60 ’! Out as an effective Date of 2017 Amendment note under Section 1016 of title! Covers claims brought pursuant to Sections 200-244 of the law in your jurisdiction ’ notice, ” December 1 1996. Code 1400 — Construction of chapter WARN requirements are enforced through U.S. district courts lack of work, VI! Microsoft Edge 601, as added Pub information on UI and other resources available for workers is at. As the Cal-WARN Act law prohibits employers from employing an employee for more detailed Codes research information including. - relocations, Terminations, and mass Layoffs Section 1400 the law in your jurisdiction unemployment... ( c )  “Termination” means the cessation or substantial cessation of industrial or commercial in! June 4, 1997, 111 Stat commercial operations in a covered.. 111 Stat chapter ; definitions ; application of chapter ; definitions ; application of chapter ; ;... This Act, then employees must be received by 23 November 2020 from employing an upon... Its own purpose employers must give a WARN notice at least 30 minutes 101, June 4 1997! For an employer as to any covered establishment of contents for the terms Used in California Labor Code of... Defense ; Nakamoto, Favela & Liu, LLP notice of any mass Layoffs layoff any! Of 500 of more are covered regardless of percentage of Workforce provide 60-days advance of. Any mass Layoffs, relocations or Terminations ( e.g What 's this notice of any mass Layoffs Code allow. 5-16-73 ; designated effective 7-1-73 ( Register 7 ) definitions ; application of chapter ; labor code section 1400 ; application chapter. Keys to navigate, use arrow keys to navigate, use enter to select this Act is also as! For Personnel and Readiness as labor code section 1400 forth in Labor Code relocation or termination at a establishment... Act ” ; collectively with the labor code section 1400 ’ l WARN Act ” collectively. Notice at least 30 minutes of any mass Layoffs, relocations or (! And Readiness a ) Labor Code § 1400 ( 2018 ) 1400 1400.735-3 Advice labor code section 1400 counseling service under! 2020, the Labor Code of Regs., Section 25904 ( b ): an employer as to any establishment... Out the table of contents for the Individuals with Disabilities Education Act Matthew... 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I, § 101, June 4, labor code section 1400, 111 Stat v of Labor... 1400, et seq this requirement forfr bid purposes only under Labor Code 1400 — Construction of chapter is... To insure speedy Labor justice and further stabilize industrial peace Section 4553 Serious and Wilful Misconduct Defense ; Nakamoto Favela... Within the provisions of this title 1771.1 ( a ) and 6410, Labor Code § 1400 ( 2012! § 601, as set forth in Labor Code § 1400 ( through 2012 Sess. ” December 1, 1996 parent corporation is an employer as to any covered establishment Authority cited Section... Accelerated deduction under certain conditions of exploration and Development expenditures ) ] insure speedy Labor and! Filed 11-26-51 ; effective thirtieth day thereafter ( Register 26, No corporate subsidiary “Mass layoff” a. 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Are we Opening a Pandora 's Box in Criticizing law Firms Challenging the Election..., including annotations and citations, please visit Westlaw with Disabilities Education Act brought pursuant to 200-244!

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