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Directly supporting work: Between customers, Sofia cleans pedicure baths, her tools, and the floor of the salon. For example, California localities vary on minimum wage increases, Chicagos minimum wage increases depend on the amount of employees employed and those employers with employees in Seattle, Portland, Flagstaff, Tucson, and others should conduct a review of certain applicable minimum wage increases. PAs regulations allow for two types of tips: Tip pools including employees who are paid a minimum wage lower than $7.25 per hour may only includeemployees who customarily and regularly receive tips. A parking attendant's tip-producing work includes parking and retrieving cars and moving cars in order to retrieve a car at the request of customer. For more information and instructions on how to file a complaint, visit our, Credit Card and Other Payment Processing Fees, Providers of banquets, special function, or package deals must provide patrons with contracts and/or bills with separate lines for automatic administrative or service fees that cover operational costs and for gratuities or tips intended by the patron to go to the e. business provides banquet services and includes an 18% service charge. No. If your employer does not pay adequate overtime wages, you can file an unpaid overtime claim with the Pennsylvania Department of Labor. Regular rate] for salaried employees whose overtime pay is determined by the fluctuating workweek method will take effect August 5, 2022. The USDOL provides information on its Although the current minimum wage in the state is $7.25 per hour, six neighboring states are already at higher rates. California Minimum Wage for Exempt Employees in 2022 Posted on Monday March 07, 2022. raising the "standard salary level" from the currently enforced level of $455 to $684 per week (equivalent to $35,568 per year for a full-year worker); and allowing employers to use nondiscretionary bonuses and incentive payments (including commissions) that are paid at least annually to satisfy up to 10 percent of the standard salary level. Can managers or supervisors participate in any tip pool? Some states implement annual increases that account for inflation and are based on the Consumer Price Index. eliminates the requirement that administrative exempt employees customarily and regularly exercise discretion and independent judgment (instead requiring that their primary duty includes the exercise of discretion and independent judgment with respect to matters of significance). In addition, the Minimum Wage Act provides penalties for noncompliance. At least 1.75 times the minimum wage, or $1,101.80 per week ($57,293.60 per year), At least 2.0 times the minimum wage, or $1,259.20 per week ($65,478.40 per year). State likes California, Colorado, and Washington raised the applicable salary thresholds while Pennsylvania returned to the federal standard due to a highly political repeal (and which may be overturned at some point in the future). 2022 $11.15 effective January 1, 2022. Employers should also be cognizant the varying exempt criteria, meaning a careful analysis should take place prior to classifying an employee as exempt and ensuring they meet the applicable and ever-changing salary threshold(s). That is about to change. If applicable, please note that prior results do not guarantee a similar outcome. (Updated September 29, 2022) Effective January 1, 2023, the City's minimum wage will increase to $16.30 per hour. This increase impacts the 2022 salary thresholds for overtime exempt workers; specifically, to be exempt from overtime pay, an employee needs to be paid at least $1,014.30 per week ($52,743.60 annually). Managers, supervisors, or employers can only receive tips from patrons if they provide the entire service on their own, without assistance. A hotel housekeeper's directly supporting work includes stocking the housekeeping cart. However, they also were set to increase the minimum salary requirements under Pennsylvania law beyond the FLSA's requirements as follows: $780 per week ($40,560 annually) on October 3, 2021;. View Sitemap. That, however, is possible bad news for employers best left for another day. [34 Pa Code 231.43. (29 U.S.C. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organizations culture, industry, and practices. For these employees, CalHR approves the salary range for each position and determines any annual increase. InFact Sheet 17U, the Wage and Hour Division of the United States Department of Labor explains that incentive compensation that is announced to employees in advancee.g., production bonuses and commission payments based on a fixed formulaqualify as nondiscretionary payments. January 1, 2020. Some states require workers who work over a certain number of daily hours to be eligible for this overtime rate as well (Pennsylvania law does not specify a daily overtime limit). Effective July 1, 2022, the minimum wage across the state is $9.50/hr. We hope you are navigating in this very uncertain environment, your workforce is staying healthy, and your business is thriving. For example, if an Executive, Administrative, or Professional employee works 55 hours per week, their salary must be at least $660 (minimum wage $12 x 55 hours) or their employer will not be complying with the NJ minimum wage requirements. Tip-producing work: Miguels tip-producing work includes taking orders, making menu recommendations, serving food and drink, attending to customer spills, processing credit card and cash payments, and removing items on the table during the meal service. The current minimum wage in Pennsylvania is $7.25 per hour, which is the current federal minimum wage. When can an employer take the tip credit deduction from employees base wages? As part of the 2021-2022 budget package, Act 70 became lawon July 9, 2021, whichamended the Administrative Code (P.L. Special minimum wage rates, such as the "Pennsylvania waitress minimum wage" for tipped employees, may apply to certain workers.[1]. What are examples of work that is not part of the tipped occupation? 541.303(d) & .304(d)); include any version of the FLSAs regulation exempting computer professionals who are paid on an hourly basis (29 C.F.R. Colorado: In Colorado, employees must meet certain salary and duties tests to qualify for exemption. Effectively, this means that unless future regulations are proposed and approved, the Bureau is unable to enforce provisions of the executive, administrative, or professional exemptions from the Pennsylvania Minimum Wage Act. 213a(1). Its passage likely hinges on whether Democrats will compromise on the $15 per hour rate, McCutchen noted, as Senators Joe Manchin and Krysten Sinema are open to a lower increase, to $11 per hour. Please confirm that you want to proceed with deleting bookmark. What are examples of tip-producing work? Copyright year J. J. Keller & Associates, Inc. All rights reserved. 541.204); include any version of the FLSAs regulation extending the professional exemption to employees with a primary duty of teaching at an educational establishment (29 C.F.R. }); if($('.container-footer').length > 1){ I can easily see this administration wanted to take the $47,464 amount and correct it for inflation and youre at $56,836, she said. Six states increased the minimum salary requirement for overtime exemption on January 1, 2023. 541.601); provide guidance regarding what it means to be paid on a salary or fee basisincluding whether deductions from an exempt employees salary are authorized to the same extent they are permitted under the FLSA (29 C.F.R. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); As a result, employers must pay a salary of at least $1,240 per week beginning January 1, 2023 to qualify for the exemption. Pennsylvania law sets a higher minimum wage of $2.83 an hour for tipped. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. The net result would have been more white-collar employees eligible for either a salary increase or overtime pay and the increased risk of liability for unpaid overtime for Pennsylvania employers. DOT compliance made easy vehicle safety, truck driver safety, ELogs, hazmat, FMCSA compliance and more. To add further complexity, some states, like Minnesota, apply certain minimum wage increases based on an employers revenue while other states, like Nevada, base minimum wage increases on whether an employer offers qualifying health benefits. Tipped minimum wage is $2.83 per hour. Tip-producing work includes all aspects of the service to customers for which the tipped employee receives tips. The minimum wage and overtime pay exemption in The Minimum Wage Act of 1968 (43 P. S. 333.101333.115) (MWA) applies only to domestic services provided by employees of a householder employer and is not preempted by the Fair Labor Standards Act of 1938 (29 U.S.C.A. Employers are allowed to deduct the reasonable cost of lodging or board provided to an employee from their pay. Thus, on December 1, 2016, this requirement increased from $23,660 annually ($455 weekly) to $47,476 annually ($913 weekly). It is not meant to convey the Firms legal position on behalf of any client, nor is it intended to convey specific legal advice. To stay updated on key labor and employment developments that affect your workplace, subscribe to our blog and follow us on social media. However, the federal Fair Labor Standards Act (FLSA)does not require overtime pay for "any employee engaged in a bona-fide executive, administrative, or professional capacity" who is paid on a salaried basis instead of an hourly wage and meets the minimum salary threshold defined in federal regulations. Miguel performs these tasks for 30 minutes before and after his server shift, and sometimes during lulls in the table service, totaling nine hours per week. If you have questions about the Pennsylvania minimum wage, please ask us and someone will respond to you as soon as possible. Independent Contractors Under New Jersey Overtime Law However, they also were set to increase the minimum salary requirements under Pennsylvania law beyond the FLSAs requirements as follows: These regulations included additional automatic adjustments (i.e., increases) set to start in 2023. 2022 Minimum Wage: Flagstaff, AZ: $15.00, or $2 above state minimum wage, whichever is greater . 2023 $12.00 effective January 1, 2023. Include any version of the FLSA's regulation exempting computer professionals who are paid on an hourly basis (29 C.F.R. On October 3, 2022, the threshold will once again increase, this time to $875 per week ($45,500 per year). J. J. Keller protects people and the businesses they run. In some jurisdictions, the contents of this blog may be considered Attorney Advertising. Other labor law exemptions for minors in Pennsylvania may exist. Include the FLSA's acknowledgement that "concurrent performance" of exempt and nonexempt work does not disqualify an employee from the executive exemption (29 C.F.R. The FLSA sets a minimum wage of $2.13 an hour for tipped employees and permits a tip credit of $5.12 an hour. Additionally, employers need to keep records of, dates of payment and pay period covered, and. In addition, the Minimum Wage Act provides penalties for noncompliance. 2020 Littler. Add their weekly salary to their commissions and overtime pay. Employers should always be aware of local jurisdictions that have implemented similar increases. A full time minimum wage worker in Pennsylvania working 40 hours a week, 52 weeks a year, will earn $58.00 per day, $290.00 per week, and $15,080.00 per year1. Please log in as a SHRM member before saving bookmarks. To add further complexity, some states, like Minnesota, apply certain minimum wage increases based on an employer's revenue while other states, like Nevada, base minimum wage increases on whether an employer offers qualifying health benefits. In October 2020, the Pennsylvania Department of Labor and Industry (DLI) published its final rule to substantially increase the salary threshold for qualifying as an exempt EAP employee under the PMWA to: $684 per week ($35,568 annually) effective October 3, 2020; $780 per week ($40,560 annually) effective October 3, 2021; and Those working at the Pennsylvania minimum wage of $7.25 an hour will get $10.88 per overtime hour. Therefore, employers should act quickly to ensure compliance with these changes and consult with counsel when analyzing these increases and when they become effective. Minimum Wage Increase and Training Wage Statement of Policy, Complaint Form for Minimum and Overtime Wages (Form LLC-22), Formulario De Reclamo De Sueldo (Form LLC-9S), Application for student special certificate (Form LLC-3), Application for learner special certificate (Form LLC-4), Application for worker with disability license (Form LLC-18). if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { Nevada has a two-tier minimum wage system based on qualifying health benefits. 177, No. Week 4: 46 Hours Worked. include the FLSAs acknowledgement that concurrent performance of exempt and nonexempt work does not disqualify an employee from the executive exemption (29 C.F.R. Last week, the employee worked 50 hours, including 8 hours after 6:00pm. Reference Source: Article VII, section 4 of the California Constitution, Exempt Salary Schedule, GC sections 11550-11564, 19825.5 Minimum Wage and Exempt Employee Thresholds to Increase in 2023, Whats the Standard? Now, as a result of the broader budget negotiations, a one-sentence provision was placed in the budget-related legislationrepealing these regulations, a little more than three months before the next minimum salary increase was set to take effect. The City of San Diego's Earned Sick Leave and Minimum Wage Ordinance, San Diego Municipal Code (SDMC) Chapter 3, Article 9, Division 1 became effective on July 11, 2016. The state minimum wage also governs the exempt employee threshold salary, which has increased accordingly. Minimum Wage Pennsylvania's current minimum wage is $7.25. No. Directly supporting tip-producing work is work that prepares for or assists tip-producing work. The update to federal regulation includes: New regulations that update the definition of "regular rate" Although the federal minimum wage of $7.25 has not budged since 2009, nearly half of the country increased their minimum wages for hourly workers after January 1, 2022 to compensate their employees, and more than twenty will provide additional increases going into 2023. The FLSA, however, does not have the yearly increase as was required under Pennsylvania law. As of October 3, 2021, any employee in Pennsylvania classified as exempt under a white-collar exemption that has a minimum salary requirement who earns less than $780 per week would have needed to receive a salary increase to at least equal this amount or be reclassified as non-exempt (and made eligible for overtime pay) going forward. Annual Salary. Contact. Proactive compliance resources to help healthcare employers identify and address the unique hazards and reduce costs associated with workplace injuries and illnesses. Duties that directly generate tips include (but are not limited to) taking orders, serving food and drinks, preparing alcoholic beverages, bussing tables during the meal service, making recommendations, processing payments. We previously wrote about these regulationsand the impact they would have on Pennsylvania employers. Eliminates the requirement that administrative exempt employees "customarily and regularly" exercise discretion and independent judgment (instead requiring that their primary duty includes the exercise of discretion and independent judgment with respect to matters of significance). Can an employer deduct credit card or other transaction fees from their employees tips? The bill should have separate lines for the 18% service charge and for the patron to provide a tip or gratuity if they so desire. You may continue to pay exempt EAP employees as little as $684 per week, the minimum required by federal law. For 2022, the wage for that younger group will be $12.32 per hour. At least for the time being. It is expected that the U.S. Department of Labor under the Biden administration may attempt to increase the FLSAs minimum salary requirement for these exemptions. Ohio - $9.30 (for employers with annual gross receipts of at least $342,000 per year); federal minimum wage of $7.25 for other employers Oregon - $13.50 (effective July 1, 2022) Puerto Rico - $8.50 Rhode Island - $12.25 South Dakota - $9.95 Vermont - $12.55 Virginia - $11.00 Washington - $14.49 On October 3, 2021, the Pennsylvania Minimum Wage Act is set to increase the salary level; the salary threshold will rise to $780 per week ($40,560 per year). 541.201-202); and. Information on Colorado's minimum wage change can [] On August 5, 2022, new Pennsylvania state wage-and-hour regulations for tipped and salaried nonexempt workers under the Pennsylvania Minimum Wage Act (PMWA) go into effect. Starting in 2017, California started a phase-in schedule to reach the $15 minimum wage for all employers. You may be paid under the Pennsylvania minimum wage if you fit into one of the following categories: The current Pennsylvania minimum wage of $7.25 per hour is the lowest amount a non-exempt employee in Pennsylvania can legally be paid for hourly work. The Pennsylvania minimum wage was last changed in 2008, when it was raised $0.10 from $7.15 to $7.25. Over a 4week period, the employee worked 40, 50, 44, and 46 hours. Eliminates the requirement that executive exempt employees "customarily and regularly" exercise discretionary powers. This rate must be used to calculate other wage and hour requirements such as overtime and spread of hours. Federal Overtime Rule For Salary Employees is in Effect, Federal Overtime Rule (effective January 1, 2020), does not require overtime pay for "any employee engaged in a bona-fide executive, administrative, or professional capacity. On October 3, 2022, the minimum weekly salary for exempt employees in Pennsylvania will rise again to $875 per week ($45,500 per year). As a result of a new state minimum wage, the salary thresholds used to determine which workers are exempt from overtime under state law also increased effective January 1, 2023: Note: Employers of any size may pay exempt computer professionals by the hour, provided they pay at least 3.5 times the minimum wage ($55.09 per hour in 2023). In this case, the manager may not keep any part of the tip. The previous minimum salary of $937 for these employees. $875 per week ($45,500 annually) effective Oct. 3, 2022. The update in federal regulation included raising the salary threshold from $455 to its current level of $684 weekly (equivalent to $35,568 annually). Exempt employees are paid on a salary basis and, in general, will be paid their full salary for any week in which they perform work. Sign up for news, regulatory updates, compliance tips, deals and more. We are your knowledge expert on this topic and can help if you have questions regarding this change. Cleaning the kitchen or bathrooms is not part of the tipped occupation of a busser. Approximately 8% of Pennsylvania's hourly workers are paid at or below the minimum wage. Issa performs these tasks for no more than five hours per week. Examples of directly supporting work include, but are not limited to the following: A server's directly supporting work includes dining room prep work, such as refilling salt and pepper shakers and ketchup bottles, rolling silverware, folding napkins, sweeping or vacuuming under tables in the dining area, and setting and bussing tables. The employee is entitled to a shift differential of $2/hour for hours worked after 6:00pm. Effective October 3, 2020, the Pennsylvania Minimum Wage Law (PMWL) increased the minimum weekly salary to be exempt under the white collar exemptions to $684.00 per week (same as current minimum under the Fair Labor Standards Act). Beginning January 1, 2022, these employees must earn at least: $50 per hour (for all hours worked); or A monthly salary of $8,679.16; and An annual salary of $104,149.81. Current minimum wage was last changed in 2008, minimum salary for exempt employees 2022 pennsylvania it was raised $ from... Not guarantee a similar outcome not pay adequate overtime wages, you can file an unpaid overtime with. Of hours at or below the minimum salary requirement for overtime exemption on 1... These tasks for no more than five hours per week and duties tests qualify. File an unpaid overtime claim with the Pennsylvania Department of labor 2022, the minimum wage was changed! Stay updated on key labor and employment developments that affect your workplace, subscribe to our blog and us., please note that prior results do not guarantee a similar outcome current federal minimum wage Act provides penalties noncompliance! Impact they would have on Pennsylvania employers employee is entitled to a shift differential $! And duties tests to qualify for exemption and someone will respond to you as soon possible! Wage system based on the Consumer Price Index, the wage for that younger group will $. Last changed in 2008, when it was raised $ 0.10 from $ 7.15 to $ 7.25, $! Tips, deals and more 70 became lawon July 9, 2021, whichamended Administrative. In as a SHRM member before saving bookmarks which is the current minimum wage some jurisdictions, the contents this! Was raised $ 0.10 from $ 7.15 to $ 7.25 ) effective Oct. 3, 2022 regularly... Annual increases that account for inflation and are based on qualifying health.... Tipped employees and permits a tip credit of $ 2.13 an hour for tipped records... Whose overtime pay salary, which is the current minimum wage also governs the exempt employee threshold salary which. As $ 684 per week ( $ 45,500 annually ) effective Oct. 3, 2022, the for. Salary of $ 937 for these employees, CalHR approves the salary range for each position and determines any increase... Certain salary and duties tests to qualify for exemption your workforce is staying healthy, and hours. Keller protects people and the businesses they run is work that is not of... > -1 ) { Nevada has a two-tier minimum wage Pennsylvania & # x27 ; current... Yearly increase as was required under Pennsylvania law sets a higher minimum.... Stay compliant and mitigate legal risks case, the minimum wage was last changed 2008... Staying healthy, and the businesses they run it was raised $ 0.10 from $ 7.15 to 7.25! Hour for tipped employees and permits a tip credit of $ 2.83 an hour for tipped to the... With workplace injuries and illnesses is possible bad news for employers best left for day... To proceed with deleting bookmark tip pool rights reserved deals and more left... The housekeeping cart, however, is possible bad news for employers best left for another day performance of and! Across the state is $ 9.50/hr receives tips exempt and nonexempt work does not pay overtime. Of payment and pay period covered, and not pay adequate overtime wages, you can an... Not guarantee a similar outcome file an unpaid overtime claim with the Pennsylvania minimum across. Of lodging or board provided to an employee from the executive exemption ( 29.! We are your knowledge expert on this topic and can help if you have about! Younger group will be $ 12.32 per hour credit of $ 2/hour for hours worked after 6:00pm supporting tip-producing includes... $ 937 for these employees, CalHR approves the salary range for each position determines. Computer professionals who are paid at or below the minimum wage in Pennsylvania may exist ( $ annually...: Between customers, Sofia cleans pedicure baths, her tools, and the businesses run... ( 29 C.F.R pedicure baths, her tools, and want to proceed with bookmark., her tools, and results do not guarantee a similar outcome employee from the executive exemption ( C.F.R! Us on social media 684 per week calculate other wage and hour requirements as... Salary of $ 2.13 an hour for tipped other transaction fees from their employees tips safety... Includes stocking the housekeeping cart you need now to successfully anticipate and employment..., compliance tips, deals and more any tip pool you are navigating in this case, the worked. Hours after 6:00pm federal law penalties for noncompliance, and your business is.. Overtime pay is determined by the fluctuating workweek method will take effect 5! Penalties for noncompliance FLSA 's regulation exempting computer professionals who are paid at or below the minimum by! Any annual increase employees as little as $ 684 per week as was required under minimum salary for exempt employees 2022 pennsylvania law and. And your business is thriving impact they would have on Pennsylvania employers 29 C.F.R $ 15 wage! 45,500 annually ) effective Oct. 3, 2022 & Associates, Inc. all rights reserved for day... Address the unique hazards and reduce costs associated with workplace injuries and illnesses for no more than five hours week. Pay period covered, and 46 hours x27 ; minimum salary for exempt employees 2022 pennsylvania current minimum wage Act provides penalties noncompliance!, Inc. all rights reserved similar increases Flagstaff, AZ: $ 15.00, employers... Last week, the minimum wage of $ 2.83 an hour for tipped: colorado. These tasks for no more than five hours per week, which is the current minimum wage governs... Changed in 2008, when it was raised $ 0.10 from $ 7.15 to $ 7.25 tips! The FLSA sets a minimum wage system based on qualifying health benefits pay adequate overtime wages, can... Tips, deals and more navigate employment laws, stay compliant and mitigate legal risks to calculate other wage hour... Salary to their commissions and overtime pay is determined by the fluctuating workweek method will effect. $ 2.13 an hour for tipped housekeeper 's directly supporting work: Between,... Law sets a minimum wage Pennsylvania & # x27 ; s current minimum wage across the state minimum Act! Work includes stocking the housekeeping cart for each position and determines any increase. Manager may not keep any part of the tip credit of $ 2.13 an hour tipped. Want to proceed with deleting bookmark without assistance workplace, subscribe to our blog follow. Developments that affect your workplace, subscribe to our blog and follow us on social media to. Pedicure baths, her tools, and the floor of the salon, deals and more dates. To keep records of, dates of payment and pay period covered, and your is. August 5, 2022 service to customers for which the tipped occupation of a.! Of this blog may be considered Attorney Advertising as a SHRM member before saving bookmarks, Act 70 lawon. In some jurisdictions, the contents of this blog may be considered Attorney Advertising manager may keep. That younger group will be $ 12.32 per hour, which is the current minimum wage, please note prior... Increase as was required under Pennsylvania law sets a minimum wage Pennsylvania & # x27 ; s current minimum was! Employers should always be aware of local jurisdictions that have implemented similar increases the minimum! A 4week period, the minimum wage of $ 2/hour for hours worked 6:00pm... Exempt EAP employees as little as $ 684 per week concurrent performance exempt. Any version of the FLSA sets a minimum wage, whichever is.... Consumer Price Index on the Consumer Price Index intel you need now to successfully anticipate and employment... Determines any annual increase 12.32 per hour, which has increased accordingly employee is entitled to a shift differential $... Environment, your workforce is staying healthy, and 46 hours meet certain salary and tests...: $ 15.00, or employers can only receive tips from patrons if they provide the service. Business is thriving -1 ) { Nevada has a two-tier minimum wage: Flagstaff,:... They provide the entire service on their own, without assistance overtime with! To calculate other wage and hour requirements such as overtime and spread of hours, ELogs, hazmat, compliance... January 1, 2022 employees as little as $ 684 per week ( $ annually... Pennsylvania law 5, 2022 minimum wage, please note that prior results not. Stocking the housekeeping cart position and determines any annual increase to deduct the reasonable cost of or... Act provides penalties for noncompliance the requirement that executive exempt employees `` customarily and regularly exercise. Eliminates the requirement that executive exempt employees `` customarily and regularly '' exercise discretionary.. California started a phase-in schedule to reach the $ 15 minimum wage for employers... Is work that is not part of the 2021-2022 budget package, Act 70 became lawon 9... Does not pay adequate overtime wages, you can file an unpaid overtime claim with the Pennsylvania Department of.! Affect your workplace, subscribe to our blog and follow us on social media tip-producing work the current minimum. X27 ; s current minimum wage for all employers are navigating in this case, the manager may keep. 8 hours after 6:00pm implemented similar increases that executive exempt employees `` and! All employers are navigating in this very uncertain environment, your workforce staying! Law exemptions for minors in Pennsylvania is $ 7.25 was required under Pennsylvania law workplace, subscribe to our and! And more of lodging or board provided to an employee from the executive exemption ( C.F.R! Supporting tip-producing work is work that prepares for or assists tip-producing work includes stocking the housekeeping cart resources to healthcare... Tip-Producing work compliance resources to help healthcare employers identify and address the unique hazards reduce. J. Keller & Associates, Inc. all rights reserved if they provide the entire service on their,...
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