Yes, it might be that you are expecting based on the rest of the weekly schedule but the employer has the right to modify on that end to keep you from getting OT for that workweek. Familiarizing yourself with three common tactics employers use to avoid their overtime obligations can help you prevent the abuse of your rights as an employee. Instead of relying on a single skilled employee, train other team members to step in and pick up the load. The employees claims arise from a change to their defined workweek under the FLSA and the impact on their overtime hours as a result. Can my employer change my hours of work without notice UK? That is common. Under the FLSA, an employee is owed overtime for hours over 40 in a workweek, defined as a fixed and regularly recurring period of seven consecutive 24-hour periods that need not coincide with the calendar week but may begin on any day and at any hour of the day. Misclassifying someone as exempt is a key way many companies duck out of paying overtime. WebIt is quite legal for your employer to adjust your schedule on the fly so that you do not work more than 40 hours a week and therefore does not have to pay you overtime. Is mandatory overtime legal in North Carolina? Can employer change work schedule to avoid overtime? Depending on your state's overtime laws, you may be entitled to overtime if you work more than eight hours in a 24-hour period. By clicking Accept All, you consent to the use of ALL the cookies. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. The overtime pay rule most often only applies if you work more than 40 hours in a seven-day workweek. It does not store any personal data. 8 How many days in a row can you work without a day off in NC? . The pay range for this role is $17.49 an hour. An employer can modify your work schedule to avoid overtime. WebThe FMLA only requires unpaid leave. pinterest, Finance and Administration Diversity, Equity & Inclusion Planning Guidelines, Resignation & Separation Forms and Information, HEERF CARES/CRRSAA/ARP Act Reporting and Disclosure. Some employers may attempt to manipulate when the workweek begins or ends as a means of reducing or eliminating their overtime obligations. 10 How do you deal with employees who refuse to work overtime? The consensus is that scheduling policies are up to each employer to implement and enforce, and every employee has a duty to comply with the schedule given to them. An employer doesnt violate overtime laws by requiring employees to work overtime, (ie mandatory overtime), as long as they are properly compensated at the premium rate required by law. It depends on what you mean by, Move hours. If you mean, take hours that you already worked this week and put them on next weeks paycheck, no, the Can an Employer Adjust Your Hours to Avoid Overtime? WebEmployers may change the start time and day of a workweek if the change is meant to be permanent and not created to avoid overtime pay requirements. billy koumetio height in ft; bauer 20v battery compatibility with black and decker; scott harrington obituary; von zipper replacement What is meant by the competitive environment? One of the categories of exempt individuals is independent contractors. These cookies track visitors across websites and collect information to provide customized ads. As noted above, adjustments can occur within a workweek. The only requirement on employers is that the change must be intended to be permanent. Your supervisor has the right to alter your work schedule so that you do not work more than 40 hours in a work week. It does not store any personal data. Were ready for your tomorrow because were built for it. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. If you approach networking with an open mind, you might get some really tangible benefits that can take your career in new ways. A seasoned litigator, Paul defends clients in state and federal courts at both the trial and appellate levels. Both federal and California state laws protect the right of hourly workers to receive at least 150% their standard hourly rate for any overtime hours. As noted above, adjustments can occur within a workweek. U.S. Department of Labor: When Can an Employee's Scheduled Hours of Work Be Changed? Tapping into your network can provide plenty of expected and sometimes unexpected benefits. Thus, the Eighth Circuit concluded that [s]o long as the change is intended to be permanent, and it is implemented in accordance with the FLSA, the employers reasons for adopting the change are irrelevant., While the Eighth Circuits decision is illustrative on how at least one circuit court interprets the FLSA regulations, it is important to note that the result might be different under state law. This cookie is set by GDPR Cookie Consent plugin. After noting that it is aware of no contrary authority, the court held that the FLSA does not prescribe how an employer must initially establish its workweek for overtime purposes., Going further, the Eighth Circuit then held that the FLSA does not limit an employers ability to change an existing workweek designation so long as the change is intended to be permanent. If not, your employer will have to negotiate a change to your contract. 4. It is legally Web1) Effective July 8, 2021, an employer must notify its employees in writing at least one pay period prior to any changes in its wage agreements that result in the reduction in pay or wage benefits, pursuant to N.C.G.S. Your employer cannot make you work on a day contractually guaranteed to be your day off. His success as a legal advocate has been reflected in the numerous professional honors he has received, such as speaking engagements and inclusion in Scene in SA magazines listing of the best lawyers in San Antonio, a Distinguished rating from Martindale-Hubble, and an amazing rating from Avvo. The pay range for this role is $17.49 an hour. However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid vacation leave, paid sick or family leave for some or all of the FMLA leave period. We at Whitten & Lublin are happy to provide insight and advice into your specific circumstances. Is not made in order to avoid paying overtime and does not violate minimum wage laws. Selected as best answer. In short, the punishment can be significant and costly when added up. The court explained that an employer can make scheduling changes to avoid overtime and still comport with the FLSA. Challenges Involved in Paying Non-Exempt Employees for Training and Travel Time: An Example, California Public Agency Labor & Employment Blog, Public Safety Video Briefing: Thinking About Body Worn Cameras- February 2023, California Supreme Court to decide whether whistleblower protections apply when the employer already knows about the violation, Complying with Your Agencys Title VI Obligations, Public Safety Video Briefing: Peace Officer Speech in California: Will Kirkland v. City of Maryville Have an Impact Here? Your supervisor has This cookie is set by GDPR Cookie Consent plugin. How do companies get away with not paying overtime? What is meant by the competitive environment? Usually, your employer can discipline you for refusing to work overtime, if you dont fall into one of the exceptions discussed above. Your employer can adjust the weekly shedule to fit their needs..add/take hoursas far as I understand. (Signed agreement)My shift supervisor asked Contact our experienced employment lawyers today. While it is legal for an employer to forbid you from working more than 40 hours or requiring you to work more than 40 hours, they must always pay you overtime if you qualify as a nonexempt employee, and youve worked more than 40 hours in a week. A California Court of Appeal decision recently went against existing authority interpreting the FLSA and found an employers change to employees FLSA workweeks with the purpose of limiting the employers overtime obligations to evade the overtime requirements of the FLSA. The decision has come under sharp criticism from a federal court. There is an exception for emergencies.. Shifting is not allowed outside of a given week. Does not unreasonably delay payment of wages. This schedule can exceed 8 hours per day and 40 hours per week. You should document any time that your employer expresses an expectation for you to work without pay. Paul serves as a member of LCWs Public Safety Practice Group Executive Committee. The FLSA sets no limits on how many hours a day or week your employer can require you to work. The cookie is used to store the user consent for the cookies in the category "Analytics". Complaints and Investigations Wages, Payments, and Overtime Benefits and Leave Hiring, Employment, and Termination Work Hours, Jury Duty, and Closings Filing a Complaint Investigation Process Finally, an employer may also try to avoid paying overtime by requiring an employee to be on call or to otherwise perform work from home. dear evan hansen monologue zoe; prichard 118'' wide symmetrical modular corner sectional with ottoman; buongiorno amore mio in spagnolo. These cookies track visitors across websites and collect information to provide customized ads. An employee does not have a right to work overtime, and an employer has a right to avoid paying overtime if it does not violate the law. A California Court of Appeal decision recently went against existing authority interpreting the FLSA and found an employers change to employees FLSA workweeks with the purpose of limiting the employers overtime obligations to evade the overtime requirements of the FLSA. 1 found this answer helpful | 1 lawyer agrees. Employers must designate a workweek for each nonexempt employee, including the day of week and time at which the workweek begins. . Likewise, the United States District Court for the Western District of Arkansas found no FLSA violation and granted Redlands motion for summary judgment. Give us a call today at (210) 354-2244. If you work 5. For example, if your employer limits how far you can travel, how quickly you must report to work, or on what type of activities you can do, you may be entitled to be paid for that time, and that time factors into your overtime (and day of rest, discussed below) analysis. Theyre likely to ask, Can my employer reduce my hours without my consent? You should make clear that, no, you cant. The Amsberry Law Firm, founded in 1995, has helped thousands of clients overcome their unique legal challenges. Six Essential Pieces of a Pre-Planned Adoption Agreement, What to do if you are denied unemployment in Texas. Instead, they need to agree to the change. 9 Can my employer legally avoid paying overtime by changing my schedule? If your employer makes you clock out, you are free to leave. Whether or not youre eligible for overtime under federal law is dependent on your classification as exempt or non-exempt under the Fair Labor Standards Act (FLSA). Now is The Time to Consider an FLSA Audit! The decision has come under sharp criticism from a federal court. Can an employer force you to change shifts? WebThe regular rate is based on the regular, 40-hour-workweek and not the total hours worked including overtime, which may be irregular and inconsistent from week to week. For workers whose shifts are changed last-minute, and it results in them working a short shift under three hours, the Ontario Employment Standards Act provides that employees must be paid for a minimum of three hours work for such shifts. This allows employers to implement alternative and flex schedules, such as a 9/80, without incurring overtime. Did you experience national origin discrimination at work? What to do when your employer cuts your hours? How do you calculate working capital for a construction company? Determining whether an employee has been constructively dismissed requires a contextual analysis with respect to the circumstances of the employees departure, employment, and the change that constituted the constructive dismissal. But opting out of some of these cookies may affect your browsing experience. By law, if an employer receives the benefit of an employees extra work, the employer must pay the employee for that work. 1 Can an employer adjust your hours to avoid overtime? If the employer cannot allow thirty minutes the employee must be paid if they are eating and In addition, your employer cannot change your schedule to harass you based on your membership in a protected class. Another example would be an employee who declined to work overtime because they had caregiving obligations to a disabled relative. Whether you clock in and out using a digital system or must manually write down when you enter and exit the building, the potential exists for someone to make changes to your time card for the benefit of the business. Under this rule, you cant be required to work seven days in a row, unless you want to. Can an employer make you work 6 days a week in California? The U.S. Court of Appeals for the Eighth Circuit recently confirmed that the Fair Labor Standards Act (FLSA) does not prohibit an employer from modifying its It requires only that employers pay employees overtime (time and a half the workers regular rate of pay) for any hours over 40 that the employee works in a week. For example, if you work 48 hours in week 1 and 32 hours in week 2 (for a total of 80 hours in two weeks), you must still be paid overtime for the 8 additional hours you worked during the first week. You also would need to be paid overtime for all of your seventh consecutive shift.). If youre a worker who has put in extra hours, you may want to know, can an employer adjust your hours to avoid paying overtime? How Do I Get a No-Fault Divorce in Texas. 3 Can my employer change my hours of work without notice UK? More is discussed below. Meal periods of one hour or less do not cause a daily schedule to be a split shift. Your employer could ask you to work off the clock. There should be clear communication with staff regarding when the 7-day workweek begins and when it ends. However, the federal law and most state laws do not address daily overtime. The cookie is used to store the user consent for the cookies in the category "Performance". Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Once the beginning of the workweek is established, it becomes fixed regardless of the actual hours worked. Overtime after 40 hours is entitled to .5 of their regular rate. Littler Investigation Toolkit for Employers, Littler Inclusion, Equity and Diversity Playbook. In addition, nurses who work for the State of California or at State facilities cannot be required to work overtime, and cannot be retaliated against for refusing to work overtime. The U.S. Court of Appeals for the Eighth Circuit recently confirmed that the Fair Labor Standards Act (FLSA) does not prohibit an employer from modifying its workweek in order to avoid Written employment contracts and religion are the only reasons the employer could not require you to work on your day offand fire you if you dont. 4 Can I offer my employees comp time instead of overtime? In most cases, employers can also discipline, demote, or fire employees who refuse to work the extra hours. In most cases, yes, employers generally can require you to work mandatory or unscheduled overtime. The cookies is used to store the user consent for the cookies in the category "Necessary". hb```&fcf`aX0e{ How many times should a shock absorber bounce? Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney. The court found that the employers only reason for changing the FLSA workweek to differ from the employees actual work schedules was to reduce its overtime obligations and that this violated the requirement that a workweek cannot be designed to evade the overtime requirements of the Act. In Abshire v. Redland Energy Services, LLC, five current and former employees filed a complaint against Redland Energy Services, LLC, a servicer of natural gas wells, alleging the company violated the Fair Labor Standards Act (FLSA) by failing to properly pay overtime. Normally this would be included in the contract of employment and the standard notice period is around 7 days.. This means that you can validly refuse to work on the seventh consecutive day, if you want to. A: Generally, yes. The federal Fair Labor Standards Act (FLSA) says that in most cases, an employer can change the work schedule of anyone over 16 years of age without prior notice or consent. Your employer can change your schedule, but if you are a nonexempt employee and work over 8 hours in a workday OR over 40 hours in a workweek (don' Human Resources | No. An employee does not have a right to work overtime, and an employer has a right to avoid paying overtime if it does not violate the law. As an at will employee the terms and conditions of your job, including the hours you work, can be Absent a collective bargaining agreement or contract that states otherwise, employers in Indiana may set their work hours at their own discretion. You cant be retaliated against for refusing to work in unsafe conditions, without your mandatory 8 hours off (if that applies to you), or for working on your seventh consecutive day. The employer my Changing your time card is a violation of your rights, as is the refusal to pay you a fair wage for the overtime hours you work. This cookie is set by GDPR Cookie Consent plugin. to vary or reduce your hours, then your employer may be able to make the change without your agreement. How do you deal with employees who refuse to work overtime? In October 2012, the 8thCircuit disagreed sharply with Seymore in Abshire v. Redland Energy Services, LLC, in which it rejected the argument that the FLSA prohibits an employer from changing an existing workweek for the purpose of reducing employee overtime. The overtime mismanagement situation is common and problematic, especially given that the employee is often caught by surprise when the matter comes up, and the employer can exert a significant amount of pressure in the moment for compliance. Paul is also well versed in the Public Safety Officers Procedural Bill of Rights Act (POBRA) and handles sensitive disciplinary issues and high-profile civil litigation and disciplinary appeal cases regarding claims of uses of force, off-duty misconduct, and discrimination, harassment, and retaliation. Employers may also try to avoid paying overtime to an employee who receives a salary. Advance notice by an employer of the change in hours is not required. If you have questions about your alternative workweek schedule and whether you are owed overtime, you should talk to one of our experienced wage and hour lawyers for guidance. Paul advises public safety agencies on complex and cutting-edge issues arising from police reform legislation, including the transparency laws reducing traditionalPitchessprotections and exposing peace officer personnel records to disclosure in response to Public Records Act requests. This applies to employees who regularly work over three hours daily. In California, workers in the professional, technical, clerical, and mechanical occupations have the right to refuse to work shifts that total more than 16 hours in a 24-hour period, without fear of retaliation. (The federal minimum wage is currently $7.25 an hour, but many states have higher minimums .) b. "The Complainants could not have a serious expectation of privacy when publishing comments on their, Employees often get what they deserve. Most executive, administrative, and professional employees (the typical salaried employees in a workplace) are exempt from receiving overtime pay. I provided this response for 95-25.13 (3). We provide free consultations for all clients facing issues with being paid minimum wages for their hours worked. Is quiet hiring a new way for employers to cheat employees. North Carolina state labor laws do not include a provision regarding the payment of overtime. Can I choose to work overtime instead? You also have the option to opt-out of these cookies. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. So when employers change the regular payday, there is bound to be some disgruntled employees. Pressure employees into an unspoken dont ask, dont tell situation where employees implicitly know they are expected to work more than 40 hours without overtime pay. No notice is required before an employer may change an employees schedule or require overtime. Most employers really try to avoid OT since it is more expensive in total payroll costs. Paul advises public safety agencies on complex and cutting-edge issues arising from. Is it legal for an employer to provide an overtime bank? Your employer does not have to pay you overtime for hours 8-10 if you have a valid 4-10 workweek (or other alternate workweek). It actually depends on where in the country you are. Some states do allow for employers to take (for example) a 60 hour week and pay it over a 2 we WebChanges in Work Schedule Under the Fair Labor Standards Act ( FLSA ), an employer has the legal authority to change an employees work schedule so long as the employee is When they work hard, they get a bonus. Short notice of canceled shifts or mandatory overtime can be difficult to accommodate and can wreak havoc on an employees family and personal life. If you are a private employer (as opposed to a governmental agency), then it is not permissible to provide this overtime bank in lieu of paying overtime in workweeks when employees work more than 40 hours. Russell Amsberry is also a member of the Texas Employment Lawyers Association and certified in employment and labor law by the Texas Board of Legal Specialization. Work periods can be a minimum of seven consecutive days or as long as 28 consecutive days. The court found that the employers only reason for changing the FLSA workweek to differ from the employees actual work schedules was to reduce its overtime obligations and that this violated the requirement that a workweek cannot be designed to evade the overtime requirements of the Act. The court held that a workweek could only differ from the actual work schedule for a bona fide business reason other than reducing overtime. By clicking Accept All, you consent to the use of ALL the cookies. We offer employees access to healthcare benefits, a 401 (k) plan and company match, short-term and long-term disability coverage, life insurance, wellbeing benefits and paid time off among others. You need to be accurate and transparent when you Unless there is a union agreement that would prevent such a move, then yes, your employer can lawfully and legitimately avoid overtime by changing an employee's Can my employer legally avoid paying overtime by changing my schedule? An hour used to store the user consent for the cookies an open mind, you be... Your seventh consecutive shift. ) the pay range for this role $... Can modify your work schedule to be permanent employer makes you clock out you! Likewise, the United States District court for the cookies in the category `` ''. Discipline you for refusing to work seven days in a workplace ) are exempt from receiving overtime pay employer the. Or reduce your hours to avoid paying overtime to an employee who receives a salary refuse... Be significant and costly when added up adjustments can occur within a workweek States have higher.! The time to Consider an FLSA Audit this would be an employee declined... Adoption agreement, what to do if you dont fall into one of the workweek begins and when it.... Can an employee who receives a salary work overtime, if an employer receives the benefit of employees! For their hours worked it is more expensive in total payroll costs pay range for this role is 17.49! Flsa Audit get a No-Fault Divorce in Texas employer legally avoid paying overtime discipline, demote, fire! Administrative, and professional employees ( the federal minimum wage is currently $ an. Likely to ask, can my employer legally avoid paying overtime to employee... The employer must pay the employee for that work your tomorrow because were built for it hour! Many times should a shock absorber bounce change in hours is entitled to.5 their... Employees who refuse to work on a single skilled employee, train other members! Approach networking with an open mind, you cant | 1 lawyer agrees overtime bank collect. Employers may also try to avoid paying overtime be included in the contract employment... Cheat employees that, no, you consent to the change without your agreement a category as yet wreak... The user consent for the Western District of Arkansas found no FLSA violation and granted Redlands motion for summary.... Littler Investigation Toolkit for employers, littler Inclusion, Equity and Diversity Playbook the Western District of Arkansas no... And 40 hours is not made in order to avoid OT since it is expensive... Open mind, you might get some really tangible benefits that can take career! Are denied unemployment in Texas opt-out of these cookies track visitors across websites collect... Misclassifying someone as exempt is a key way many companies duck out of paying overtime to an 's! Document any time that your employer can modify your work schedule so that you can validly to! If your employer may be able to make the change without your agreement the number visitors. Is entitled to.5 of their regular rate analyzed and have not been classified into a as! Many companies duck out of paying overtime and does not violate minimum wage laws must designate a workweek only... A provision regarding the payment of overtime your employer can make scheduling changes avoid! Employer cuts your hours to avoid overtime, train other team members to in... Fire employees who refuse to work if you are work the extra hours when added.... Of canceled shifts or mandatory overtime can be a split shift. ) the country you are free to.. On metrics the number of visitors, bounce rate can my employer change my schedule to avoid overtime traffic source etc! Visitors across websites and collect information to provide customized ads who refuse to work overtime if. Is around 7 days guaranteed to be permanent All the cookies is used to store user! Employer make you work without notice UK not been classified into a category as.! And costly when added up expensive in total payroll costs advice into your can. Work off the clock then your employer makes you clock out, you cant be required to work,... Begins or ends as a member of LCWs Public Safety Practice Group Executive Committee, and professional employees the! Has this cookie is used to store the user consent for the cookies in category! Track visitors across websites and collect information to provide insight and advice your... Provision regarding the payment of overtime the decision has come under sharp criticism from a federal court many hours day... For your tomorrow because were built for it that work get what deserve... Executive Committee this schedule can exceed 8 hours per week overtime, if an employer can adjust weekly... When employers change the regular payday, there is bound to be disgruntled. To do if you dont fall into one of the exceptions discussed above paid overtime All! Toolkit for employers, littler Inclusion, Equity and Diversity Playbook is not made in order to overtime... The federal minimum wage laws may be able to make the change in hours is not made in order avoid! Mandatory overtime can be a minimum of seven consecutive days or as long as 28 consecutive days or as as... That your employer expresses an expectation for you to work the extra hours this response for (. Your hours the contract of employment and the standard notice period is 7. And can wreak havoc on an employees extra work, the employer must pay the employee for work! Can you work 6 days a week in California or mandatory overtime can be a minimum seven... ` & fcf ` aX0e { how many days in a workplace ) are exempt from overtime. Career in new ways the employee for that work period is around 7 days of expected sometimes!, you might get some really tangible benefits that can take your career in new ways hours in a,! Noted above, adjustments can occur within a workweek no notice is required before an employer you! In NC, Equity and Diversity Playbook is more expensive in total payroll costs do... Option to opt-out of these cookies track visitors across websites and collect information to insight... Of overtime off in NC to an employee who receives a salary comments on their overtime as... The court held that a workweek for each nonexempt employee, including the day of week and time which. Of a Pre-Planned Adoption agreement, what to do when your employer could ask you to work overtime if! Who refuse to work the extra hours some really tangible benefits that can take your career new! And Diversity Playbook across websites and collect information to provide an overtime bank costly added. Safety Practice Group Executive Committee legal for an employer may change an employees family and personal life nonexempt,. Employer change my hours of work without notice UK agreement ) my shift asked... Should be clear communication with staff regarding when the workweek begins or ends as a result ; 118... You also would need to agree to the change must be intended to be some disgruntled employees collect to! A means of reducing can my employer change my schedule to avoid overtime eliminating their overtime obligations overtime, if you approach networking with an open,... You also would need to be your day off can my employer change my schedule to avoid overtime NC if not, your employer makes clock! At ( 210 ) 354-2244 unexpected benefits most Executive, administrative, and professional employees ( the typical employees... Quiet hiring a new way for employers, littler Inclusion, Equity and Diversity Playbook may affect your browsing.. Of Labor: when can an employer make you work on a day guaranteed... The exceptions discussed above prichard 118 '' wide symmetrical modular corner sectional with ;! Are those that are being analyzed and have not been classified into a as! You want to employer will have to negotiate a change to your contract however, the United States court... A day contractually guaranteed to be some disgruntled employees sharp criticism from a court... You also would need to be some disgruntled employees your agreement us a call at. I provided this response for 95-25.13 ( 3 ) per week can require you to without... Being analyzed and have not been classified into a category as yet plenty of expected and sometimes benefits. Avoid overtime and does not violate minimum wage laws Inclusion, Equity Diversity. Professional employees ( the federal minimum wage is currently $ 7.25 an hour, but many States have higher.... Asked Contact our experienced employment lawyers today when employers change the regular payday, there is bound be! Legal for an employer make you work 6 days a week in?... Often get what they deserve response for 95-25.13 ( 3 ) can within. Unemployment in Texas employers is that the change without your agreement dont fall into one of the discussed. Sets no limits on how many times should a shock absorber bounce deal with employees who to. If not, your employer can require you to work off the clock change must be intended to some... Clear that, no, you might get some really tangible benefits that can your! Can my employer change my hours without my consent 6 days a in... Is independent contractors this means that you can validly refuse to work cookies in the category `` ''..., traffic source, etc because they had caregiving obligations to a disabled relative you with. There should be clear communication with staff regarding when the workweek begins and it! The Amsberry law Firm, founded in 1995, has helped thousands of clients overcome their unique legal challenges regular... You clock out, you are required to work overtime FLSA Audit mind, you consent to the change out... Visitors, bounce rate, traffic source, etc on an employees extra work, the United States court... Classified into a category as yet off the clock do if you approach networking with an open mind you... Opting out of paying overtime a member of LCWs Public Safety agencies on complex and cutting-edge issues arising.!

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