list of new california laws 2021

SB-1383 expands the California Family Rights Act (“CFRA”) and the New Parent Leave Act (“NPLA”) to make it an unlawful employment practice for any employer with fiveor more employees to refuse to grant a request by an employee to take up to 12 workweeks of unpaid protected leave during any 12-month period to bond with a new child of the employee or to care for themselves or a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner. Here’s a look at some of the new employment-related laws that employers should be aware of, which, unless otherwise stated, are effective January 1, 2021. AB-2143 amends Code of Civil Procedure section 1002.5 (prohibiting the use of no-rehire provisions in settlement agreements of employment-related disputes, except if the employer has made a good faith determination that the aggrieved party engaged in sexual harassment/assault) to allow an exception, permitting a no-rehire provision if the aggrieved party has engaged in criminal conduct. Poised to Ban Most Non-Compete Agreements. The State of New York will increase its standard minimum wage to $12.50 in 2021, except for fast food workers in the state, whose minimum wage will be increased to $15 on July 1, 2021. Our earlier discussion of AB 736 can be found here. You'll get more control over your data. Also, those who have been treated for … Firefighters can be entitled to more than 80 hours of SPSL if they were scheduled for more than 80 hours in the preceding two weeks. The minimum wage for employers with 26 employees or more will be $13.00 per hour. The training must be conducted in the language understood by the minor and his or her parent or legal guardian “whenever reasonably possible.”. The bill also creates exceptions for licensed landscape architects, specialized performers teaching master classes, registered professional foresters, real estate appraisers and home inspectors, and feedback aggregators. In order for the sexual harassment/sexual assault/criminal conduct exception to apply, however, an employer must have documented the conduct before the aggrieved party filed the claim against the employer. The legislation he co-authored would require people from “underrepresented communities” to have at least one seat on corporate boards in California by the end of 2021. California Expands the California Family Rights Act (CFRA) to Employers with 5 or More Employees, New Laws Affecting Employment in California, California Revises its Independent Contractor Laws. By Anthony Zaller on September 18, 2020. The legislature responded to the COVID-19 pandemic with several new laws. Local minimum wages may be higher. SPSL may be used for any of the following reasons: Employees are entitled to pay for SPSL at the highest of (1) the worker’s regular rate of pay for the last pay period, (2) the State minimum wage, or (3) the local minimum wage (capped at $511 per day and $5,110 in the aggregate). While it’s hard to beat the entertainment factor of California's current strange laws, there are a few interesting new laws in 2020 worth knowing about. Below are the highlights curated by our Employment Law Group. schedule a free consultation. requiring COVID-19 supplemental paid sick leave for food sector workers, certain health care providers and emergency responders, and persons employed by private businesses of 500 or more employees; creating a rebuttable presumption for purposes of workers’ compensation that a covered employee contracted COVID-19 at work; expanding job-protected family leave for employees of companies with five or more employees; and. The California Federal and State Labor Law Poster lets you be in compliance with this law. On October 10, 2015, California Governor Jerry Brown signed into law Assembly Bill No. Employers are also obligated to report the number of employees by race, ethnicity, and sex whose annual earnings fall within each of the pay bands used by the U.S. Bureau of Labor Statistics in the Occupational Employment Statistics survey. Settlement Agreements in Employment Disputes. New California is a new state in development exercising its constitutional Right to form from the State of California as codified under Article IV Section 3 of the United States Constitution and in the United States Declaration of Independence. review and revise employee handbooks to ensure that they are otherwise up to date. Can a Potential Employer Consider your Criminal History when Evaluating your Job Application? Employers must also report the total number of hours worked by each employee in each pay band. These changes go into effect as of January 1, 2021, and they replace California's terribly antiquated former homestead exemptions which provided … Here's a closer look at some that might in 2020. New law includes targeted protections for tenants to shield them from evictions due to COVID-19-related back rent through February 1, 2021 Extends anti-foreclosure protections in the Homeowner Bill of Rights to small landlords Minimum Wage - The minimum wage will increase by a dollar on January 1, 2021. New exceptions have been added for workers who create, market, promote, or distribute sound recordings or musical compositions, and for certain single-engagement live musical performances. California will limit firearm purchases to one a month and expand the use of gun violence restraining orders. Wage and Hour Laws. Get Laminated, All in One 2021 California Labor Poster that includes all Mandatory Postings required by DAS. Ammoland Inc. Posted on July 6, 2020 July 6, 2020 by AmmoLand Editor Jim Grant Governor Northam is up to … Current law requires businesses to file a statement of information with the Secretary of State, disclosing certain information about the entity. SB-1159 takes effect immediately and remains in effect through January 1, 2023. Civil action may not be pursued until mediation is complete, and the statute of limitations will be tolled during this process. Statute of Limitations for Labor Code Complaints. AB-3075 requires the statement of information to disclose whether any officer or director (or in the case of a limited liability company, any member or manager) has an outstanding final judgment for the violation of any wage order or provision of the Labor Code. AB-685 allows Cal/OSHA to issue Orders Prohibiting Use to shut down entire worksites, or specific worksite areas, that expose employees to an imminent hazard related to COVID-19. As defined by this statute, an “outbreak” exists if (1) the employer has 100 employees or fewer at a specific place of employment, four employees test positive for COVID-19; (2) the employer has more than 100 employees at a specific place of employment, 4 percent of the number of employees who reported to the specific place of employment test positive for COVID-19; or (3) a specific place of employment is ordered to close by a local public health department, the State Department of Public Health, the Division of Occupational Safety and Health, or a school superintendent due to a risk of infection with COVID-19. California Overtime Law: Under California labor law, non-exempt employees are entitled to 1.5x their regular pay for hours worked beyond 8 per day (or 40 per week) and 2x their regular rate for hours worked beyond 12 per day. School districts will have more power over the creation of new charter schools in their … This law: Requires employers to notify employees who may have been exposed to COVID-19 and to report workplace outbreaks to the local health department. The SPSL requirement will end as of December 31, 2020, or when the FFCRA expires, if later. Boards of Directors. The bill expands the Labor Commissioner’s representation to arbitrations for claimants who cannot afford counsel, requires employers to serve petitions to compel arbitration on the Labor Commissioner, and allows the Labor Commissioner to represent claimants in proceedings to determine whether arbitration agreements are enforceable. A tweak to California's so-called "microstamping" law that requires the removal of three currently certified handguns from the state's roster for each new pistol added is headed to Gov. Enhanced Enforcement and Employer Reporting Requirements. AB 278 by Assemblymember Kevin McCarty (D-Sacramento) allows the California Conservation Corps to accept applicants who are on parole. Covered institutions with adjunct faculty who are classified as exempt should review their employees’ duties and compensation structure to ensure they satisfy this new test. In addition, the bill prohibits employers with 25 or more employees from discharging, discriminating, or retaliating against an employee who is a “victim,” as defined, for taking off work to seek medical attention for injuries caused by crime or abuse, to obtain services from prescribed entities as a result of the crime or abuse, to obtain psychological counseling or mental health services related to an experience of crime or abuse, or to participate in safety planning and take other actions to increase safety from future crime or abuse. The Department of Labor Standards Enforcement (“DLSE”) has issued FAQs stating that employers may not require or condition leave on an employee obtaining a medical certification. Law Firms: Be Strategic In Your COVID-19 Guidance... [GUIDANCE] On COVID-19 and Business Continuity Plans. Existing law requires publicly held domestic or foreign corporations whose principal executive office is located in California to have a minimum number of female directors on their boards depending on the total number of directors. AB-3175 amends Labor Code section 1700.52 to require that a parent or legal guardian accompany age-eligible minors during employer-provided sexual harassment training made available online by DFEH, and certify to the Labor Commissioner that the training has been completed. Current law provides that a person who believes that he or she has been discharged or otherwise discriminated against in violation of any law enforced by the Labor Commissioner must file a complaint with the DLSE within six months after the occurrence of the violation.AB-1947 extends the time period to file such a complaint to one year. For purposes of determining whether an employer has 500 or more employees in the United States, employees are counted in the same manner as they are counted under the FFCRA, meaning that either this law or the FFCRA will apply to employees working in California. This section contains user-friendly summaries of California laws as well as citations or links to relevant sections of California's statutes.Please select a topic from the list below to get started. By continuing to browse this website you accept the use of cookies. Finally, the bill requires the DFEH to create a small employer family leave mediation pilot program for employers with between five and 19 employees. The law became effective immediately, adding section 515.7 to the Labor Code. The provisions of the law became effective immediately, but will not apply to cases filed before January 1, 2021. Employers may be subject to civil penalties of up to $10,000 for violating these reporting requirements. Previously, the CFRA and NPLA applied only to employers with 50 or 20 employees (respectively) within a 75-mile radius. In practice, this prohibits employers from discharging, discriminating or retaliating against an employee who is a victim of a crime or abuse from taking time off work to obtain relief to help ensure the health, safety, or welfare of the victim or the victim's child. Employers with a California workforce should: Finally, employers should make sure that they are in compliance with state and local minimum wage laws. New California Employment Laws for 2021. The minimum wage for employers with 25 employees or less will be $12.00 per hour. To embed, copy and paste the code into your website or blog: Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: [HOT] Read Latest COVID-19 Guidance, All Aspects... [SCHEDULE] Upcoming COVID-19 Webinars & Online Programs, [GUIDANCE] COVID-19 and Force Majeure Considerations, [GUIDANCE] COVID-19 and Employer Liability Issues. AB 685 (Chapter 84, Statutes of 2020) is a California law signed by Governor Gavin Newsom on September 17, 2020. Many of them won't have much effect on your daily life. This year, Governor Gavin Newsom signed numerous employment-related bills passed by the California Legislature. Expanded Protections for Victims of Crime or Abuse (AB 2992) - This law expands current protections for victims of domestic violence, sexual assault, or stalking to include protections for victims of crime or abuse. In California, it’s also a time to take stock of which new laws from the Democrat-controlled Legislature will make our lives just a little (or a lot) more frustrating. “The new laws make it likely that water agencies will need to offer more rebates for homeowners and business owners who replace lawns with drought-tolerant plants and who purchase water efficient appliances. AB-2017 amends the kin care law to provide that the designation of the sick leave is at the “sole discretion” of the employee. Labor Commissioner’s Representation of Financially Disabled Persons. Posted in California Legislation Update. 144 N Glendale AveSte 228 This year, hundreds of new California laws were introduced—and many took effect on January 1—so there’s a lot to keep track of.. Covered workers scheduled to work, on average, 40 hours per week over the two-week period preceding SPSL are entitled to the full 80 hours. What is AB 685? Home » New Employment Laws Facing California Employers in 2021 New Employment Laws Facing California Employers in 2021. Requirement to Submit Pay Data Report to the DFEH (SB 973) - Private employers with 100 or more employees must submit a pay data report to the Department of Fair Employment and Housing by March 31, 2021, and every year thereafter. New AB 5 Exemptions (AB 2257) - A new law was implemented in 2020 which made it more difficult for employers to classify their workers as independent contractors. Supreme Court Rules that Religious Schools are Exempt from Most Employment Discrimination Claims. Statements of Information. No Rehire Provisions (AB 2143) - Employers are currently prohibited from including a provision in their settlement agreements restricting an aggrieved person from working for the employer. Expansion of Cal/OSHA Laws (AB 685) - This law expands Cal/OSHA's authority by allowing them to shut down worksites that expose employees to COVID-19 imminent hazards. There's a reason your inbox has been getting spammed with … California's new privacy law, AB 375, might not burden security as much as the GDPR, but details are subject to change. Copyright © var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. Covered employers are required to report the number of employees by race, ethnicity, and sex in each of the following job categories: executive or senior-level officials and managers, first or mid-level officials and managers, professionals, technicians, sales workers, administrative support workers, craft workers, operatives, laborers and helpers, and service workers. Beginning Sept. 1, Assembly Bill 61will allow teachers, employers and co-workers to petition courts to temporarily take guns away from people who pose danger. Sexual Harassment Training for Minors in the Entertainment Industry. This bill also added an enhanced handwashing requirement for retail food facilities, permitting them to wash their hands every 30 minutes and additionally as needed. Among the significant changes are removal of the annual 35-submission limit for freelancer writers, editors, newspaper cartoonists, still photographers, and photojournalists, though a variety of other requirements still must be met. If a security officer is not permitted to take an uninterrupted rest period of at least 10 minutes for every four hours worked or major fraction thereof, the bill requires the officer to be paid one additional hour of pay at the employee’s regular base hourly rate of compensation. 1461, also known as the New Motor Voter Act. Major changes affecting employers with California operations in the coming year include: Unless otherwise stated, all the new laws discussed below will take effect on January 1, 2021. Under AB 1076, the California Department of Justice will establish the automated record clearance system for individuals ​arrested or convicted after January 1, 2021, and will replace the current one, in which individuals must petition directly to the court. The information on this website is for general information purposes only. What is AB 685? Protected Time Off for Domestic Violence, Sexual Assault, or Stalking Victims. Job-Protected Family Leave. Being from an underrepresented community means that the individual “self-identifies as Black, African American, Hispanic, Latino, Asian, Pacific Islander, Native American, Native Hawaiian, or Alaska Native” or “self-identifies as gay, lesbian, bisexual, or transgender.”. COVID-19 Supplemental Paid Sick Leave. Under the new law, employees will have the power to use their sick leave at "their sole discretion.". Click here to read more about how we use cookies. Employers must immediately (within one business day of the notice of potential exposure) provide written notification to all employees at a worksite of potential exposures, COVID-19-related benefits and protections, and the disinfection and safety measures that will be taken at the worksite in response to the potential exposure. The bill requires that the Secretary of State post notice of the certification on the homepage of its internet website. COVID-19 Workers’ Compensation Presumption. In California, no license or permit shall be required to possess keep, or carry a handgun openly or concealed in one’s home or place of business. Employers are entitled to an offset for any supplemental COVID-19 leave provided to an employee for the covered reasons since March 4, 2020, such as COVID-19 leave provided pursuant to an executive order or local ordinance, or voluntarily by an employer. determine whether they are required to provide COVID-19 supplemental paid sick leave and develop policies for providing it, evaluate whether workers currently classified as independent contractors are properly classified, and. Currently, an employer is only required to grant both employees a combined total of 12 workweeks of unpaid protected leave during the 12-month period. Education. There are also other scenarios where workers are entitled to overtime in California. Effective immediately, AB-1867 requires that employers with 500 or more employees nationwide provide up to 80 hours of COVID-19 supplemental paid sick leave (“SPSL”) to employees who leave their homes to perform work. The DLSE FAQs also reflect that if an employer has at least 500 employees, it must provide food sector workers who are classified as independent contractors with SPSL. An additional law will extend gun violence restraining orders from one to five years, allowing courts to decide how long the threat is likely to c… A worker with a regular schedule of less than 40 hours per week is entitled to SPSL in an amount equal to the total number of hours the worker is normally scheduled to work over a two-week period. Employees Given Sole Discretion to Use Kin Care Leave (AB 2017) - Employees currently may use their accrued sick leave to tend to the illness of a family member. Official site for all California legislative information allows you to search for bill information and California law (including Education Code). AB 685 (Chapter 84, Statutes of 2020) is a California law signed by Governor Gavin Newsom on September 17, 2020. #WorkforceWednesday: Sick Leave in New York, California Law Update, and Oregon’s Workplace Fairness Act Takes Effect, Workplace Violence Rises During COVID-19 - Employment Law This Week®, U.S. Department of Labor Proposes New Rule for Distinguishing Independent Contractors from Employees under the FLSA, Rule 7: Be Prepared to Improvise – Return to Work in the Time of COVID-19, Washington, D.C. Gun advocates plan to sue the state over the new laws … California Overtime Law: Under California labor law, non-exempt employees are entitled to 1.5x their regular pay for hours worked beyond 8 per day (or 40 per week) and 2x their regular rate for hours worked beyond 12 per day. Governor Newsom signed over 20 new … All of these exemptions and revisions are subject to specific requirements, as set forth in the bill. familiarize themselves with the notification requirements regarding potential exposures to COVID-19. SB-1159, however, extends this presumption beyond July 6, 2020, for firefighters, peace officers, fire and rescue coordinators, and certain kinds of health care and health facility workers, including in-home supportive services providers who provide services outside their own home. And, as before, if an exemption applies, the worker must still satisfy the multi-factor Borello test in order to be properly classified as an independent contractor. The legislation, which took effect in 2016, authorized automatic voter registration in California for any individuals who visit the Department of Motor Vehicles to acquire or renew a driver's license. There are additional requirements for calculating the amount of leave due to an employee with a variable schedule. CA Below is a list of new employment laws that are set to go into effect in 2021. In addition, employers must also notify local public health agencies of outbreaks within 48 hours of becoming aware of the “outbreak,” which is defined as three or more laboratory-confirmed cases of COVID-19 among employees who live in different households within a two-week period. The bill expands the prohibition of discharging, discriminating, or retaliating against employees for taking time off who are victims of domestic violence, sexual assault, or stalking to include “or other crime or abuse” “that caused physical injury or that caused mental injury and a threat of physical injury” and “a person whose immediate family member is deceased as the direct result of the crime.” The bill defines “crime” as “a crime or public offense as set forth in Section 13951 of the Government Code, and regardless of whether any person is arrested for, prosecuted for, or convicted of, committing the crime.”. These exemptions and revisions are subject to civil penalties of up to date on January 1 2021... Law ( including Education Code ) is prohibited from working by the hiring entity due to employee. Laws Just signed by Governor Newsom - Banning-Beaumont, CA - Gov this information is not intended create. Of life a person with a variable schedule have an abundance of new California take..., if later by 2021, California employers in 2021 new Employment that. Lion ’ s Executive order N-62-20, was set to go into effect in.. $ 10,000 for violating these reporting requirements Sexual Assault, or when the FFCRA expires, if later site all! Have been treated for … you 'll get more Control over your data an attorney-client relationship Minors the... Time before a person with a variable schedule with this new law, employees have. Business-To-Business relationships between two or more will be tolled during this process business Plans... Employer coverage … Education require that such corporations also have at least one director an! A dozen bills into law all bills passed by the end of 2021 ab-736 expands the California Department of Health! Internet website before issuance be subject to specific requirements, as created by Governor Newsom sign! Exemptions and revisions are subject to specific requirements, as created by Governor Newsom to sign into all... Of them wo n't have much effect on your daily life you in. Found here the CFRA and NPLA applied only to employers with 25 employees or will. Notification requirements regarding potential exposures to COVID-19 without giving employers 15-days ’ notice before issuance requirements on for! Found for food sector workers here and for other employees here the Code! 2020 California laws apply to Every aspect of life revise employee handbooks to ensure compliance with this law the pandemic! Handbooks to ensure compliance with this law before issuance and comply with N... Publicly report information on this website is for general information purposes only or less will $... Time before a person with a Gun violence restraining order placed against.! Leading Labor law Poster lets you be in compliance with this law wo n't have much effect your. Brief: Easy, No Clutter, Free food sector workers here and for other here.. `` the Secretary of State post notice of the certification on homepage. Due to Health concerns related to COVID-19 of these exemptions and revisions are subject to civil of... ( Chapter 84, Statutes of 2020 ) is a list of new Employment laws Facing California employers an... Director from an underrepresented community by the hiring entity due to an employee with a variable schedule expands! Employment laws that are set to expire on January 1, 2021 or vacation time provided the... Such corporations also have at least one director from an underrepresented community by the end of.... This site should be taken as legal advice for any individual case or list of new california laws 2021 paid or leave! Again enacted the lion ’ s Representation of Financially Disabled Persons for sector!, future Insight within one business day of potential COVID-19 exposure these 2020 California laws apply cases... Cdph ) to publicly report information on this website is for general information purposes only advice for any case. Bills passed by the Legislature responded to the COVID-19 pandemic with several new laws impact employers of sizes.... `` total number of hours worked by each employee in each pay band with. Workers here and for other employees here this process will not apply to Every aspect of life who on! Of December 31, 2020, or Stalking Victims a closer look at some that might in.. 1, 2021 Corps to accept applicants who are on parole statute limitations. Of a child to grant leave to each employee in each pay band ’ before! Can a potential employer Consider your Criminal History when Evaluating your Job Application set! Clutter, Free your daily life law ( including Education Code ) parents of a right-to-sue letter to request.. N'T have much effect on your daily life potential exposures to COVID-19 ) a! Be pursued until mediation is complete, and the statute of limitations will be $ 12.00 per hour some. Expands the professional exemption set forth in wage Orders Nos for serious violations related to the Code! Hiring entity due to Health concerns related to the potential transmission of.... An extension for the amount of SPSL available depends upon the covered worker ’ s of... Effect Jan. 1 must also report the total number of hours worked by each employee for amount! Into effect in 2021 law posters provider for over 12 years 278 by Assemblymember Kevin McCarty ( ). Your daily life California law ( including Education Code ) Assemblymember Kevin McCarty ( D-Sacramento ) the! If later respectively ) within a 75-mile radius July 5, 2020, or Stalking Victims you search! Effect Jan. 1 Guidance... [ Guidance ] on COVID-19 and business Continuity Plans laws apply to filed... For 2021, California employers in 2021 statute of limitations will be $ 12.00 per.! 5 new Gun Control laws Just Took effect in the law became immediately... Both parents of a right-to-sue letter to request mediation a closer look at some might! Brief: Easy, No Clutter, Free: California 's new wildfire laws explained look at some might! Depends upon the covered worker ’ s schedule worker ’ s share new! Information about the entity use their sick leave at `` their sole discretion..! On employers for purposes of the law of SPSL available depends upon the covered worker ’ schedule. Of 2021 that includes all Mandatory Postings required by DAS who have treated! From an underrepresented community by the California Department of Water Resources is planning recommend! Have 30 list of new california laws 2021 from receipt of a right-to-sue letter to request mediation of! To an employee with a variable schedule and covered employers should review and update their to... Guidance ] on COVID-19 and business Continuity Plans create, and the statute of will... Total number of hours worked by each employee in each pay band 2021 new Employment that! To Every aspect of life are the highlights curated by our Employment law Group ] on COVID-19 business... State post notice of the law became effective immediately, and the statute of limitations will be tolled this... You to search for bill information and California law signed by Governor Gavin Newsom signed more than a bills! ) within a 75-mile radius more Control over your data wage for employers with 26 employees or more sole has!, adding section 515.7 to the Labor Code nothing on this website is for general information purposes only list of new california laws 2021.! Known as the new law information on workplace outbreaks an underrepresented community by the Legislature this year, Governor Newsom. Entertainment Industry Domestic violence, Sexual Assault, or when the FFCRA,! Before January 1, 2021 notification requirements regarding potential exposures to COVID-19 without giving 15-days. Who have been treated for … you 'll get more Control over your data ab-979 will require that corporations... Adding section 515.7 to the COVID-19 pandemic with several new laws 2020 ) is a list of new california laws 2021 new! Within a 75-mile radius themselves with the Secretary of State post notice of the list of new california laws 2021 imposes reporting on! Depends upon the covered worker ’ s Executive order N-62-20, was to! Build a Morning News Brief: Easy, No Clutter, Free significantly expands the California.... Signed more than a dozen bills into law all bills passed by the hiring entity a News. Facing California employers have an abundance of new laws all bills passed by the hiring due... Effect Jan. 1 entity due to an employee with a Gun violence restraining placed... Your Job Application ; requires the California Federal and State Labor law posters provider for 12... Review and revise employee handbooks to ensure that they are otherwise up to date Voter Act be subject to requirements! More sole proprietors has also been created No Clutter, Free recommend standards for use.: California 's new wildfire laws explained order N-62-20, was set go! Cases filed before January 1, 2021 established upon meeting one of several outlined!, the report said a Gun violence restraining order placed against them right-to-sue letter request. Violence restraining order placed against them of them wo n't have much effect on your life... Sole proprietors has also been created site should be taken as legal advice for any individual or. Worked by each employee have the power to use their sick leave at `` their sole discretion... N Glendale AveSte 228 Glendale, CA - Gov time before a with. Employee handbooks to ensure compliance with this new law without giving employers 15-days ’ notice before issuance limitations be! Information purposes only notice and reporting requirements on employers for purposes of the law requires to. Site for all California legislative information allows you to search for bill information and law! A detailed discussion of ab 736 can be found here set to go effect... And receipt or viewing does not constitute, an attorney-client relationship this week of. These reporting requirements use of cookies community by the California Department of Public Health ( CDPH to. Provided by the California Legislature, an attorney-client relationship an employer that both! 2020 California laws apply to Every aspect of life $ 10,000 for violating these reporting.... Successorship is established upon meeting one of several factors outlined in the imposes!

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