Employment Law Articles

Articles written by attorneys and experts worldwide
discussing legal aspects related to Employment.

What Are the Elements of a New York Whistleblower Law Claim?

  November 29, 2015     By Law Offices of David S. Rich, LLC
The elements of a cause of action under the New York Whistleblower Law.

Comprehending the Legal Principles of Brazilian Labor Law

  November 29, 2015     By M F Ejchel
When a foreign worker provides services in Brazil the laws governing the contract are the laws of the country of origin or the laws of Brazil? This special article is about the foreign employment in Brazil and principles adopted by the Brazilian Labor Court on the demands arising from those relationships.

Pennsylvania: Can My Boss Fire Me Because She Doesn’t Like Me?

  November 25, 2015     By Murphy Law Group, LLC
What Pennsylvania law says about why you can and can’t be fired.

U.S. Workers' Compensation Laws - Do They Really Protect Workers from Serious Work Accidents?

  November 25, 2015     By Laffey, Bucci & Kent
Each year, over 4,500 workers are killed in this country. While the number has decreased since the 1970s, the annual number has remained steady for the last decade. Workers' compensation laws often fail to protect workers from serious work hazards. The exclusivity provision of workers' compensation laws in most states prevents injured workers from bringing lawsuits against their employers. This tends to create a situation in which employers often ignore critical safety regulations.

I Have Not Received My Last Paycheck

  November 20, 2015     By HG.org
When a person quits or is terminated, he or she may believe that he or she is entitled to the last paycheck immediately. However, this is often not the case. The employer may have a certain amount of time to provide this check to the employee. However, if the employer refuses to pay the employee for the hours he or she worked, the employee may have legal options to recover these unpaid wages.

Can My Employer Force Me to Break the Law?

  November 20, 2015     By HG.org
Due to the difference in the levels between employers and employees, an employer may sometimes try to take advantage of this greater power by requesting an employee to commit some illegal act to further business or personal interests.

Model Rules for Post Employment Non-Compete Clause in Taiwan

  November 19, 2015     By Brain Trust International Law Firm
Taiwanese Ministry of Labor published model rules for Labor Relationship on October 5th, 2015. When an employer would like to protect the business interests and an employee would like to know his/her rights after an employment contract is terminated, this article explains the new model rules which both the employers and the employees should pay attention to.

Can You Sue Your Boss for Teasing You about Being Gay (Even If You’re Not)?

  November 18, 2015     By Murphy Law Group, LLC
Employee is harassed after not acting like a “man’s man”.

Seconding Employees from Bulgaria Abroad

  November 17, 2015     By Delchev & Partners
A general principle of the Bulgarian labour law related to the secondment of employees from Bulgaria is the prohibition of a unilateral amendment by the employer of the employment agreement, a substantial element of which is the place of work.

Can You Be Fired for Pregnancy Complications?

  November 18, 2015     By Murphy Law Group, LLC
Why it’s important for expectant mothers to know their rights.

Chrysler Disability Discrimination

  November 8, 2015     By Sidney L. Gold & Associates, P.C.
A commissioned salesperson at Nevada-based Liberty Chrysler, Jeep, Dodge LLC, was fired by the company after she notified her employer that she had recently been diagnosed with multiple sclerosis.

Marriage Equality Act Will Impact Workplace Benefits

  November 8, 2015     By Sidney L. Gold & Associates, P.C.
In light of the U.S. Supreme Court’s recent ruling in Obergefell v. Hodges, the landscape for employer-based benefits for same-sex couples has been significantly altered.

New Ruling on Impairment Rating Evaluation

  November 8, 2015     By E.S. Borjeson & Associates
A September, 2015 ruling by the Pennsylvania Commonwealth Court has changed the ways an Impairment Rating Evaluation (IRE) will be used in Pennsylvania Workers’ Compensation cases.

Is Favoritism at Work Illegal?

  November 5, 2015     By Murphy Law Group, LLC
When some employees receive favored treatment, it’s important to look at why

How Far Is Too Far – Issues in the Law on Harassment in Hong Kong

  November 3, 2015     By Angela Wang & Co.
On 3 June 2015, the development of the tort of harassment in Hong Kong took another turn when the High Court in Lin Man Yuan v Kin Ming Holdings International Ltd and Anor recognized that there is such an action for harassment in Hong Kong.

Employment in the Digital Age

  November 1, 2015     By Schmidt, Kirifides, Fridkin & Rassias
Advances in technology have significantly changed the workplace in the past five years or so.

Employee Fired for Medical Marijuana Use

  October 30, 2015     By Hebets & McCallin, PC
Yesterday, the Colorado Supreme Court ruled that employees can be fired for using medical marijuana when they are off the clock.

LAG Köln: One Insult Does Not Justify Dismissal on Grounds of Conduct in Germany

  November 23, 2015     By GRP Rainer LLP
The Landesarbeitsgericht Köln (Regional Labour Court of Cologne) has ruled that insulting one’s superior on one occasion does not by itself justify termination of an employment contract (Az.: 11 Sa 905/13).

Managers, Did You Sign a Non-Compete Agreement?

  October 29, 2015     By Kaye Bender Rembau Attorneys at Law
Providing community association management services to community associations is highly competitive.

My Employer Keeps Deducting Breaks that I Didn’t Take; What Should I Do Now?

  October 28, 2015     By Murphy Law Group, LLC
What Pennsylvania law says about hourly employees’ rights to meal breaks.

Invasion of Privacy: Employment Records

  October 23, 2015     By HG.org
Employers come into receipt of many variations of confidential information. This may be by receiving medical documents, disciplinary reports or complaints of alleged misconduct. An employer generally has a duty to safeguard information that is private to the individual employee.

Employed in Philly? What You Need to Know about City Discrimination Laws

  October 22, 2015     By Murphy Law Group, LLC
The Philadelphia Fair Practices Ordinance offers protection you may not be aware of.

Do Injured Workers Have to Be Treated the Same?

  October 19, 2015     By HG.org
Sometimes two employees may suffer similar injuries but may be treated differently. This may make the worker who appears to receive less favorable treatment believe that he or she is being treated unfairly. However, there are several legitimate reasons why such differences may emerge. Discuss the following issues with an employment law attorney if you would like to know more about your rights.

Illness Does Not Protect Employees Against Dismissal in Germany

  October 19, 2015     By GRP Rainer LLP
According to the LAG Rheinland-Pfalz in its ruling of May 20, 2015 (Az.: 7 Sa 694/14), it is possible for a sick employee to be dismissed as long as his illness is not the reason for the dismissal.

11 Things You Really Need to Know about Family and Medical Leave

  October 18, 2015     By Goldbach Law Group
Sometimes bad things can happen and will influence your life and job; things that will require your full dedication and attention; and things that will require you to leave your job for a certain period of time. Many people are worried when it comes to this situation not knowing that in many cases they are protected by the law and that they will not lose their job.

Woman Fired for Stopping Harasser from Touching Her

  October 15, 2015     By Murphy Law Group, LLC
Female staffer complained about supervisor’s inappropriate conduct, but company wouldn’t address the problem

Calculating the Value of a California Workers' Compensation Injury Claim

  October 10, 2015     By Napolin Law Firm
California workers' compensation makes available to the injured worker a bundle of insurance benefits. The purpose of those benefits is to help the hurt employee recover from their injury by providing medical care as well as financial benefits to offset temporary and permanent earning loss that results from a work related accident injury. This article outlines the different benefits that are potentially available to the injured worker under California law.

Salaried Workers and Overtime Rights

  October 8, 2015     By HG.org
With a salary usually come many benefits. A salaried worker may receive paid time off, additional medical days, holidays off and other distinct advantages. This position is often associated with a position higher in the company. However, there can be some drawbacks to being a salaried worker. In some situations, employers give this status to employees in order to avoid paying more money for overtime benefits. However, doing so can be a violation of the Fair Labor Standards Act.

Wage Theft: The Multi-Million Dollar Problem Pennsylvania Workers should Know About

  October 7, 2015     By Murphy Law Group, LLC
Researchers from Temple University say employees lose up to $32 million per year.

Labor Protection for Illegal Foreign Workers in Thailand

  October 6, 2015     By Siam Legal International
Are the rights and protections granted to workers under Thai labor law applicable to foreigners who work in Thailand without a work permit? Despite the fact that such foreigners are working in Thailand illegally, Thai Labor Court rulings appear to support the policy that they are still protected under Thai labor law. Furthermore, although the Thai Supreme Court has not addressed the issue in substance, previous decisions of the Court also appear to support the aforementioned policy:

Workers’ Compensation Claims in Nevada

  October 2, 2015     By Behzadi Law Offices
Workers’ Compensation is a statutory system of providing benefits for physical harm that arises in the course and scope of (i.e., during) employment.

Can I Be Fired While on Medical Leave?

  October 1, 2015     By HG.org
Most states and employers are at-will in nature, meaning that an employer can fire an employee for any reason so long as it is a legal reason. While some leave laws protect employees from being fired or give employees the right to take time off work, these protections are not absolute. Whether you can be fired while on medical leave depends on the type of leave that you are taking and other factors.

Malta's Government Measures to Increase Employment of Persons with Disability

  October 1, 2015     By CSB Advocates
The employment of persons with disabilities is currently regulated by the “Persons with Disability Employment Act” (Chapter 210 of the Laws of Malta), and at the same time the Employment and Training Corporation (ETC) has set up and to date maintains a Register of Persons with Disability.

5 Signs Your Boss May Be Underpaying You

  September 28, 2015     By Murphy Law Group, LLC
Unscrupulous employers may count on workers not knowing their rights

Properly Investigating and Responding to Employee Complaints of Harassment or Discrimination

  September 25, 2015     By General Counsel, PC
No employer wants to hear that an employee is alleging that he or she is the subject of harassment or discrimination. But, when it happens (and it likely will sometime), how an employer handles the situation can make the difference between resolving the matter and potential litigation. Here's a roadmap for employers.

Can I Sue My Boss over a Client’s Inappropriate Behavior?

  September 23, 2015     By Murphy Law Group, LLC
Your employer’s obligation to keep you safe at work.

Can I Be Fired for Missing One Day of Work?

  September 21, 2015     By HG.org
Most states and employers operate under an at-will system in which employers can terminate employees for any reason and employees can quit for any reason. However, employers cannot terminate employees for an illegal purpose, which may or may not occur if an employee misses one day of work. The reason for missing work and the terms of employment largely dictate whether an employee can be fired for missing one day of work.

New Law on Professional Fees in the City of Buenos Aires

  September 23, 2015     By Canosa Abogados
On November 27, 2014 Law No. 5,134, which regulates lawyers’ and solicitors’ fees who work in the City of Buenos Aires (hereafter the “Law”), was published in the Official Gazette.

Is Telecommuting a Reasonable Accommodation under the ADA?

  September 18, 2015     By Murphy Law Group, LLC
Woman with chronic health condition sues after her request to work from home was denied.

New Law Amending the Conditions for Payment of Supplementary Annual Salary in Argentina

  September 18, 2015     By Canosa Abogados
On January 9, 2015 was published on the Official Gazette Law No. 27.073 (the “Act”), which establishes new regulations on the payment of the second half of the employee’s Supplementary Annual Salary (“SAS”), which is ruled by Section 122 of the Labour Contract Law (” LCL”).

Work Injury Compensation: Everything You Need to Know

  September 13, 2015     By The Cardamone Law Firm, LLC
What is the one place most people spend more time in than even their own homes? Even if you discount all those hours staying late at the office when you need to meet deadlines, and consider only the typical 9 to 5 workday, you still spend nearly one-third of your adult life in your workplace.

Fired for Taking Bereavement -- Any Recourse?

  September 10, 2015     By HG.org
Losing a friend or loved one is an awful experience, but one through which we will all suffer at one point or another. It is natural to need time following such a loss to collect one’s thoughts, prepare for the departed person’s final arrangements, and otherwise deal with the loss. Unfortunately, while we may all understand these needs on an intuitive level, there is not a legal recognition of this need in most jurisdictions. As a result, bereavement leave is often far from guaranteed.

Is Anxiety Affecting Your Work? Find out What the ADA Says about Mental Impairments

  September 9, 2015     By Murphy Law Group, LLC
Hard-to-prove conditions can make work life difficult when employers may not be sympathetic

Understanding Commercial Agreements: What You Need to Know to Protect Your Business

  September 8, 2015     By Jurado & Farshchian, P.L.
The contracts that your business has with its landlords, clients, employees, vendors and/or suppliers are the components that help create the framework of your company. Everything your organization does depends on the protection and support of the terms and conditions in its contract (s).

Attacked at Work, What Are My Rights?

  September 3, 2015     By HG.org
Violence is rarely the answer, and this is especially true in the workplace. Yet, physical attacks can and do occur every day. When they happen at work, this creates a whole suite of considerations that can make the experience even more worrisome and problematic.

Do Temp Workers Have the Same Rights as Regular Employees?

  September 2, 2015     By Murphy Law Group, LLC
Chicago staffing firm accused of knowingly placing women in hostile work environment.

Gender Discrimination Claims

  By HG.org
Gender discrimination claims in the employment context are governed by state and federal laws. Rulings from 2012 and 2015 have expanded the interpretations of legislature on the subject.

Employees in Disguise: What Independent Contractors Need to Know About Their Rights

Feds issue new guidance on misclassification of workers.

May a Company Terminate a Labor Contract with Pregnant Employees in China?

Is is true that the company can not fire pregnant employees in whatever situation?

Bad Faith Warning and Termination of an Employee - Hong Kong

Bad Faith Warning and Termination of an Employee

New Guidelines on the Issuance of Employment Licenses in Malta

Employment and Training Corporation (ETC) has recently published new guidelines on employment licenses (also known as the work permits) issued with respect to Third Country Nationals who wish to reside and work in Malta.

Sexual Orientation Discrimination Is Illegal under Existing Law, Says EEOC

Federal agency says discrimination against LGBT employees is equivalent to sex discrimination.

Health Insurance Law Dubai & Abu Dhabi: Employer Responsibilities and Duties

Prior to the growth of the foreign workforce in the United Arab Emirates at the beginning of the millennium, an employer was only required to pay a few hundred dirhams to obtain a health card for its employees to be treated at medical facilities.

Do Small Businesses Have to Give Time Off for Sick Leave?

When the FMLA and the ADA collide, it’s important to know which laws pertain to you

NJ Residents Employed In PA Entitled To Workers Compensation Benifits

A state law requires Pennsylvania employers provide Workers’ Compensation insurance for employees in the event of a work related injury.

New Guidelines Address Misclassification of Workers

Debate over whether certain workers qualify as employees or independent contractors is nothing new.

Workman’s Comp: Electrical Injuries

More than half of annual construction worker deaths are caused by falling, being struck by an object, electrocution, or being caught in or in between objects. While falls are by far the most deadly injury in construction work (34.6%), electrocution deaths and injuries are not a statistic to be ignored.

What Are the Consequences to Lying or Omitting Information on a Job Application?

  By HG.org
Although some people may be tempted to embellish their resume to make themselves more appealing to potential employers, doing so can come at a significant risk. Lying on an application or resume opens the applicant up to several serious consequences.

What Are the Legal Consequences for Lying on a Nursing Job Application in Missouri?

  By HG.org
Individuals who omit important information or lie on nursing job applications may be concerned about the legal ramifications of making this mistake. They may even worry that they may be arrested for such lies. While lying on job applications is a bad idea in any profession, lying on nursing applications is even more serious due to people's lives being placed in their hands and for committing ethical violations against the profession.

Russian Labor Law Amendments

A 7-day period is fixed for employers to inform of grounds for denial of employment and an obligation is imposed to extend a fixed-term agreement until the end of maternity leave.

Statutory Grounds for Dismissal: The Dutch Dismissal Law Changes

The Dutch dismissal law changed significantly per July 2015. One of the changes involves that a request for dismissal can only be based on an exhaustive list of statutory grounds. Nonetheless, it is still possible to terminate by mutual consent through a settlement agreement (in Dutch ‘vaststellingsovereenkomst’). This will probably stay the most frequently used route for dismissal.

EADS for H-4 Spouses

On May 26, the USCIS will begin accepting applications for form I-765 Employment Authorization Documents (EADs) submitted by certain H-4 spouses of H-1B professionals.

Millions More Workers May Be Eligible for Overtime; Are You One of Them?

New proposed federal OT regulations make it harder for employers to game the system

Minimum Wage Also Needs To Be Paid in the Event of Sickness and on Holidays in Germany

The German Federal Labour Court (Bundesarbeitsgericht (BAG)) in Erfurt ruled on May 13, 2015 that employees are entitled to be paid the statutory minimum wage even in the event of sickness and on holidays.

Top 10 Bad Questions to Avoid When Interviewing a Job Applicant

When interviewing job applicants, there are good questions and bad questions. A good question seeks relevant and helpful information about the person applying for the job and about the applicant’s job qualifications consistent with a business necessity for asking the question.

German Federal Government Planning Reforms to Temporary Employment

The German federal government is planning to reform the Act Regulating the Supply of Temporary Workers (Gesetz zur Regelung der gewerbsmäßigen Arbeitnehmerüberlassung (AÜG)), which is to say that the rules regarding sub-contracted and temporary employment are to be revised.

Employees Are Entitled to Paid Sick Leave in California

Prior to January 1, 2015, employers were not required to offer employees paid sick leave in California. However, with the passage of the Healthy Families Act of 2014, an employee is now entitled to paid sick leave. Beginning on July 1, 2015, an employee who works for an employer for 30 days or more within a calendar year from the beginning of employment is entitled to paid sick leave.

Can You Be Fired for Your Social Media Posts?

Certain speech about work is considered protected activity. Believe it or not, talking about your job on social media may actually be a protected activity under federal law.

Fixed-term Employment Agreement For Substitution

When it comes to fixed-term employment agreements Bulgarian labour legislation is traditionally highly restrictive. Usually a fixed-term employment agreement is defined as an employment agreement with a short duration aimed at satisfying an employer’s temporary and exceptional need of manpower.

Worried about Employees Taking Advantage of Your Business?

Employers should be aware that terms may be implied into an employment contract in circumstances where there are no equivalent express terms agreed between the parties. A term may be implied into an employment contract by common law or statute and they fall into the following categories: (i) terms implied in fact; (ii) terms implied by law; (iii) terms implied by custom and practice; and (iv) terms implied or modified by statute.

How to Define the Legal Nature of Employment of Retired Staffs

In the actual situation,many companies prefer to use these staffs reaching or over retirement age,but there is a controversy on the relationship between the company and this staff,it’s the labor relationship or the labor service relationship.In this article,we will give our views and suggestion.

Non-Competition Compensation can be Prepaid in the Salary in Shanghai?

Due to the disclosure of confidential information belonging to the employer or improper use of the confidential information by the employee,employee and employer reach a non-competition agreement,but the employee shall pay the non-competition compensation after the employee leaves the employer.

How to Conclude Employment Contract in China

For expat employees, due to lack of local labor law knowledge, it is always difficult to conclude a fair employment contract in China. It is particularly true when they are offered with the prepared employment contract by the employer and no much room is left for them to raise opinions for change. Thus, a lot of potential disputes may exist during the performance of the contract, which, in most cases, cannot be foreseen by the employee.

Can You Be Fired for Incomplete FMLA Paperwork?

Court decision gives Pennsylvania workers more protection.

Does Your Employee Handbook Violate the National Labor Relations ACT?

Over the past several years, the National Labor Relations Board (NLRB) has been taking a more active role in the non-union workplace, including decisions on whether provision of employers’ handbooks or work rules violate the National Labor Relations Act (NLRA).

Termination of Employment Agreement Due to Staff Reduction in Bulgaria

Staff reduction is one of the most common grounds used for termination of employment agreements by the employers with a termination notice for convenience. The reason for this lies in the statutory right of the employer to organize the workflow and to determine the staff number and schedule at his own discretion.

How to Terminate an Employment Agreement when Closing Down an Enterprise in Bulgaria

Nowadays, due to the continuing world economic crisis, unfortunately, the business phenomenon of “closing down an enterprise/a part of an enterprise” is a really common practice. This inevitably imposes the need of termination and settlement of the employment relations between the company which is closing down and its employees.

Collective Agreements in Spain

Collective agreements are agreements between unions and employers that establish wages, work schedule and other work conditions. Additionally, these agreements allow the adjustment of the rules of the company’s business sector.

How to Protect Your Business from Exploitation by Employees

Are you concerned that if some of your key employees left, they would be able to exploit know how gained while working for you, at the expense of your business? If so, then read this article to see how you can protect your business.

To Hire or Not to Hire: Independent Contractors Versus Employees

Most of the time, hiring an independent contractor for your business is a means of providing a temporary subject matter expert who can provide some measure of unique support. While some businesses do continue to retain employees of this type that have provided vast contributions to an organization this is not usually the case.

To Bank or not to Bank? Maltese Law Rules Governing the Banking of Work Hours

Annualisation of hours is a term used to describe a contract which states the agreed number of guaranteed hours the employee is contracted to work through a twelve month period. Annualisation schemes are implicitly promoted both by EU Legislation on working time and by EU policies and recommendations, which – among others – allow EU Member Countries to adopt flexible working time schedules.

Was Job Candidate Turned Down Because He Was Too Old?

Tech giant facing lawsuit after taking a pass on older job applicant.

Disputed Workers' Compensation Claims

The Workers’ Compensation Act was established to ensure injured workers receive compensation such as wage loss benefits and medical benefits to supplement their income when they are unable to work because of an injury on the job.

Change in Pennsylvania Law

Twenty-five percent of Americans are banned from employment opportunities due to their criminal record, specifically jobs regarding the care-taking of older Americans.

How to Protect Your Business from Exploitation by Employees

Are you concerned that some of your key employees have knowledge about your business which could in certain circumstances, if such information was exploited by the employee, damage your business? If so find out how to protect your business.

101 of Non-Compete Agreements: Everything You Need to Know about Protecting Your Business

Today’s advances – technological, scientific, and business – are all driven by competition. As a business owner or an entrepreneur, you’re likely faced with a serious competition that drives you to constantly enhance and update your product and services range. Competition is healthy, as it promotes innovation – but what happens when you find a competitor amongst your own employees?

Is Pregnancy a Disability Under the ADA?

Feds issue new enforcement guidelines on pregnancy discrimination.

Minimum Wage Changes in the Republic of Panama

By means of executive decree No. 182 of December 30th of 2013, President Martinelli´s approved the new minimum wage that will enter into effect as of January 1, 2014

Am I Being Subjected to a Hostile Work Environment?

  By HG.org
When individuals hear the phrase “hostile work environment,” they may think that this means that a supervisor or owner of a business curses, hurls things at the wall or is intimating to employees. However, in legal terms, this is not the case. Instead, specific legal criteria must be met for a work environment to meet this legal threshold.

Did Supervisor Manufacture Reasons to Fire Middle-Eastern Staffer?

Man told to ‘go work at 7-11 with your own kind’

Recent Amendments and Modernisation of the Companies Act in Cyprus

The Law amending the Companies Act, CAP 113, Number 4, of 2015 has been passed by the Cyprus parliament. It provides for significant changes to the Companies Act and modernises several of its provisions. The main changes are as follows:

Know the Rules for Hiring and Managing Interns

Many small businesses thrive with the extra help interns provide at little or no cost to the business. However, there are things small business owners need to know about hiring and managing interns.

Russian Supreme Court Clarifies Procedure for Settling Disputes Related to Activity of Company Managers

The Plenum of the Supreme Court of the Russian Federation adopted Ruling No.21 “On issues the courts encounter when applying legislation regulating labor of a company manager and members of a collective executive body” (the “Ruling”) on June 2, 2015. Issues related to dismissal of a manager by the company are clarified.

UK Employee Share Options – Enterprise Management Incentives Option

What can early stage companies do to retain key personnel when they might not have sufficient funds to pay competitive salaries? This article considers one of the most popular employee share option schemes in the UK.

Calculating Overtime and Back Pay in Pennsylvania: Know these Quirks in the Law or Risk Losing Money

Pennsylvania law differs from federal law.

Employee Incentivisation – An Overview

Are you looking to retain key personnel? If so this article provides guidance on some of the options to incentivise your employees and therefore increase the chance of the employee staying with your company

Staffer Fired After Adding Disabled Spouse to Her Insurance Plan

Woman sues employer under association provision of ADA.

Legal Process Outsourcing (LPO) in Egypt

Legal process outsourcing is the process of obtaining legal support in different areas of practice from an outside law firm or legal support services company. The LPO system, according to a survey conducted by evalue survey is considered one of the fastest growing industries in the knowledge of process outsourcing (KPO).

The First Thing You Should Do when You Are Injured at Work

Companies throughout different states provide workers compensation benefits for injured workers. This is a way of protecting workers rights, as designed by state law.

Boy Scouts’ Employment Policies

The office of the New York State Attorney General has opened an investigation into the Boy Scouts of America to determine if the organization’s hiring policies discriminate against gays.

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