new york employee expense reimbursement law

Now let us go beyond your example and apply the same methodology to the next week, in which the same employee services the same customers who once again are charged $2000. While there is some discretion the employer can exercise in determining the amount of reimbursement (such as actual expenses and the reasonableness of the employee's choice: i.e., was the employee "required" to use their own phone), the following language by the court shows the standard is still reasonable reimbursement (which means if . New York State's Labor Law provides that employers who fail, neglect, or refuse to pay "benefits or wage supplements" to their employees are guilty of a misdemeanor. We will always provide free access to the current law. Patagonia reaffirmed its commitment to covering employee travel expenses for abortions: "Caring for employees extends beyond basic health insurance," the company said on LinkedIn. Under the law, for-profit and nonprofit employers with 20 or more full-time non-union employees in New York City must offer their full-time employees the opportunity to use pre-tax income to purchase qualified transportation fringe benefits. Many months later, the majority are still working at home and could be well into next year, if not permanently. Kylie Ora Lobell is a freelance writer in Los Angeles. "If the employee's Internet bill is $90 a month [for Internet use only, not TV, DVR, phone, etc. If you rely on information obtained from Google Translate, you do so at your own risk. Weve been helping our New York City clients fight for their right to adequate compensation for over thirty years. Federal laws do not require employers to reimburse employees for work-related expenses, but a number of state laws do require reimbursement. If the employer is a corporation, the New York statute holds its President, Secretary, and Treasurers each guilty of a misdemeanor for failing to pay their employees benefits or wage supplements. It is important to note that the provisions in this section do not apply to bona fide professional, administrative, or executive employees who earn over $900 US per week. Additional states with expense reimbursement laws include Illinois, New Hampshire, Massachusetts, Pennsylvania, Washington, D.C. and others. 0 They will need to be reimbursed for meals, gas, lodging, entertaining clients, and more. Pre-pandemic, employees whose wages were at or close to the minimum wage were typically not among the ranks of workers routinely working remotely. Therefore, when calculating While federal law does not require employers to pay for work-related expenses incurred by employees while working from home, many state laws do. Most employee expenses will be reimbursed through the Travel and Expense module in the Statewide Financial System (SFS). Employers should take proactive steps and revise policies on employee reimbursements now to avoid class action litigation down the line. This serves several purposes. accountable plan, this does not disqualify other reimbursements that meet the we provide special support Montana's employee business expense reimbursement law is similar to that of California's and Illinois'. In Illinois, although there is similar statutory language requiring reimbursement of necessary expenditures there is additional helpful language in the law that allows employers to set parameters on how much they will contribute toward such expenses (so long as it is not de minimus). The employee fails to any of these conditions are not met, the reimbursements are treated as paid under Quite the contrary, courts in the Golden State interpret this to require reimbursement of a reasonable percentage of employees monthly cellular data and internet costs even if the employee had unlimited data plans and home internet network for personal use and even if the employees monthly bills did not increase as a result of the business use. 0000001407 00000 n Our unparalleled expertise is coupled with an ability to provide a single point of contact for full-service, seamless employment support. Setting expectations in written policies with guidelines and procedures for advance approval of such purchases will allow the employer to define the universe of necessary expenses. Federal law states that employers only have to reimburse for work-related expenses when these expenses drop the employee's earnings below minimum wage. startxref The Firm is known for its global perspective, deep understanding of the local language and culture of business, uncompromising commitment to excellence, and world-class fluency in its client service. Most employee expenses will be reimbursed through the Travel and Expense module in the Statewide Financial System (SFS). Mileage reimbursement is when employers offer employees reimbursement for expenses associated with driving on behalf of the business. But, the Fair Labor Standards Act (FLSA) does require reimbursement for employees if work expenses cause their earnings to drop below minimum wage. xb```b``b`e``cg@ ~(N'4700] W}GtaSn8~;k+Sg6 I!G) a S@Z"|b@qlAW6)kd0u`Ch$$ P10 Expense reimbursements can include use of . New York. 0000004318 00000 n NYCs Commuter Benefits Law took effect on January 1, 2016. "Obviously, some people need to be onsite. The Department will be holding a public hearing on the adoption of administrative rule Lab 600. 0000004396 00000 n EMPLOYER REIMBURSEMENT OF EXPENSES--NY I use my own cash, credit card for approved, allowed business expenses such as gasoline, T/E, Office,Printing supplies, etc. Reimbursement for Travel and Moving Expenses Upon Transfer, Reassignment or Promotion, Reimbursement for Travel & Moving Expenses Upon Transfer, Reassignment or Promotion. should have a clear and consistent understanding of the proper procedure for Find the latest news and members-only resources that can help employers navigate in an uncertain economy. Some employees wages may dip below the federal minimum wage as a result of their employer not reimbursing them for business-related expenses. It should outline all of the business-related expenses that an employee can get reimbursed for. Federal law doesn't require employers to reimburse their employees for work expenses. "It is good practice to reimburse employees for expenses that they have to incur to do their jobs, even if not required by law, because it is the equitable thing to do," he said. The District of Columbia's expense reimbursement law requires employers to pay the cost of purchasing and maintaining any tools the employer requires to perform the employer's business. 190 0 obj <>stream As explained below, reimbursement might be required in these states for business-related use even if the employee will not incur an extra expense, such as when an employee has an unlimited amount of data and minutes on their cell phone. Seven states allow their taxpayers to. Business Units are required to follow the policies outlined in this chapter. that are reimbursable. The FLSA does not explicitly require an employer to reimburse its employees for business expenses or deductions. However, if the . Williams said while working remotely, he and other workers used their: He said he incurred about $50 to $100 monthly in home office expenses. California Employers Still Can Require Arbitration. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. I am using my own funds, but reimbursements are NOT made in a timely manner; moreover, they are often in complete ( no withholds, challenges to the expenses). Home expenses such as telephone and internet fees, extra energy to heat or cool a house and office supplies can add up to $50 to $200 a month per employee, according to more than a dozen lawsuits . The Office of the State Comptroller does not warrant, promise, assure or guarantee the accuracy of the translations provided. Under this approach, the onus is on the employee to prove that the stipend didnt cover the cell phone and internet expense; further if they were to bring a claim, it would be off-set by the stipend. Under these policies, many employers are paying anywhere from $30 to $50 per month toward employee cell phone bills. New York City Mayor Bill de Blasio signed into law New York City Council Int. Reimburse for the actual voice and/or data fees incurred for business purposes, which requires employees to submit expense reports itemizing the costs of calls made for work purposes and the costs of data used for work supported with cell phone bills or other evidence of the costs (this is a time intensive process for employees); Reimburse for a percentage of voice and/or data fees that accurately reflects the amount of mandatory business usage, and if a percentage or flat monthly amount is used, then allow employees to seek reimbursement for any additional costs incurred over the percentage or flat amount if the actual costs of business use exceed those amounts (this can be hard to determine given the number of different plans available); or. Do not disclose personal identifying information except to the extent necessary to Ask MEL a question. In California, for example, the statutory language requires employers to reimburse for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of the employees duties or at the direction of the employer. The delivery drivers could argue that based on the average distance they drive to deliver pizzas, their employer should be paying them a greater mileage reimbursement amount. The trickiest areas are cell phones and internet given that employees are now working from home because they cannot go into the office, as opposed to perhaps at their convenience. Watch Now! This chapter provides an overview of reimbursable expenses to State employees. xbbb`b``3 2< seems simple enough an employee pays for a business expense out of pocket, and The IRS has different reporting requirements There must be receipts and invoices that document the nature and amount of the expenditures. 0000001870 00000 n Provide employees with a cell phone or another communication alternative for business use. professional licenses. Search and download FREE white papers from industry experts. The more employees who sign up for transportation benefits, the more the employer can save. https://newyork.public.law/laws/n.y._state_finance_law_section_202. It Attorneys Labor Law A to Z Wrongful Termination Wage & Hour Discrimination Workers' Comp Locations Call or Message Us 24/7 877-783-6926 Required Field 24/7 Help: 1-(877)-SUE-MY-BOSS Before you call us: "If we can expense it, we believe that legally we must allow for it since the tax code no longer supports the employee deductions. Employees often use their personal resources to pay for expenses necessary to carry out their employment. 0000004054 00000 n To request permission for specific items, click on the reuse permissions button on the page where you find the item. Employers must reimburse their employees within 30 days of the reimbursement becoming due. The cost of employer-provided board, lodging, meals, or transportation. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. Seyfarth Shaws Wage & Hour Litigation Blog is a resource for employers to stay current on developments in wage and hour law, including recent court decisions, legislative updates, and Department of Labor compliance, rule-making and enforcement activities. Remote workers may qualify for other expense reimbursements, but this usually depends on the company's policy. The law is based on the Internal Revenue . Some reimbursable expenses such as clothing allowances and moving expenses are reimbursed via payroll. This approach will usually cover the vast majority of expenses but it should nevertheless be coupled with a process by which employees can seek reimbursement of additional expenses that were not covered by the stipend. Your access to and use of this website is subject to additional Terms of Use. We Recommend a Comparability Analysis. SHRM Employment Law & Compliance Conference. I most recently submitted my expenses as well as my consulting fees to my ex employer my ex employer responded back by telling me that it is company policy that I only have three months to submit any expense reimbursement and consulting fees, because my e. Can a company not reimburse employees for expenses submitted past 3 months from date of purchase? taxes. If The employer advances or pays an amount Here at LaborLawCenter our Compliance Experts are constantly working to stay on top of the many compliance changes so you don't have to. David Williams claims in the class action legal filing that the company violated California labor law requiring that employees be paid for work-related expenses. Please enable scripts and reload this page. Amended U.S. Form 2106 or 2106 EZ* with U.S. 1040, Schedule A* if the deduction was not taken . Pandemic or no, reimbursement policies for work-related employee expenditures "should already be on employers' radar," according to Lenore Horton, an employment attorney with FisherBroyles . Not timely? 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Employees who spend their own money on job-related items often request to be reimbursed for these expenses. Accountable Plan In According to the IRS, employees must now include moving expense reimbursements in employees wages, except for certain members of the Armed Forces. by Shellie Rich | Aug 2, 2019 | Compliance, HR Services. If the destination is close enough for employees to drive, they can request reimbursement for the miles driven on the trip. Just reimburse on a reasonable and legal basis," he said. for non-profit, educational, and government users. However, several states (including California, the District of Columbia, Illinois, Iowa, Massachusetts, Montana and New York) have specific state law requirements applicable to employee expense reimbursements. "It means . No. 0000007980 00000 n Please confirm that you want to proceed with deleting bookmark. depending on whether you have an accountable or nonaccountable plan. The types of expenses If you have questions, contact our Educational Services unit by phone at (518) 474-1764 or by email to: orpts.edservices@tax.ny.gov. The information on MEL is not legal advice, but general information related to legal issues commonly encountered. While employers typically provide a range of office supplies to remote workers, including laptops, keyboards and printers, employees often payfor additional expenses. . "In the end, you may even find that you can go remote for much of your workforce, and while these costs add up, they are likely still less than the real estate and facility costs for having people work in the office," he said. "If that was insufficient to cover the full cost, and the employee could show that, we could reimburse at a higher rate.". An expense policy like this, though, has to distinguish between what is paid as a regular wage and what is reimbursement for employee expenses. In many cases, employers have a legal duty to reimburse their employees for necessary business-related expenditures, such as: At Lipsky Lowe LLP, we can advise you as to the expenses youve personally incurred that your employer must reimburse. United States, New York State, and New York City governments, including any office, department, independent agency, authority, institution, association, society, or other body of the state, including the legislature and the judiciary. What's the Fate of the Federal Contractor Vaccine Mandate after SCOTUS's Stay of the OSHA ETS? Non-teaching employees of school districts are subject to the NYS Minimum Maybe a webcam is necessary due to the managers expectation for regular video meetings, but does it have to be the state-of-the-art model or would a less expensive option suffice? <<8303E6B16C006C4D8B3F9A1F7CDC1FD8>]>> "Some plaintiffs' counsel have suggested that employers also have an obligation in today's workplace to reimburse employees for overhead expenses, such as utilities, rent or mortgage, and the cost of furniture. MEL is a service of Neil Klingshirn, Board Certified Employment Law Specialist, serving clients in Akron, Canton, Cambridge, Cleveland, Columbus, Lorain, Marietta, Youngstown and Wooster, Ohio. If Finance Office personnel are unsure about how to apply this guidance to a specific travel event, they should contact OSCs Travel Unit at [emailprotected]. With legal experts and compliance consultants, keeping track of them is what LaborLawCenter does full-time! And in other states still, employers are obligated by statute only to reimburse for losses suffered that fall outside of ordinary risks of the business in which he is employed. When travel questions arise, the traveler and supervisor should work with the Agencys Finance Office and consider information in published travel guidance (e.g., agency travel policies, OSC Travel Manual, Chapter XIII of the GFO, etc.). BYOD, or bring your own device, policies are becoming more common in work environments. Employers not required to pay federal, state, and City payroll taxes. 0000002481 00000 n Employer has not reimbursed expenses for months. 0000001229 00000 n If an employee who makes $8.00 an hour incurs $6 per day in unreimbursed employer expenses, the FLSAs kickback provision will lower his or her hourly wage to below minimum wage. Need help with a specific HR issue like coronavirus or FLSA? There is no federal requirement to reimburse employees for business-related expenses. Under the law, for-profit and nonprofit employers with 20 or more full-time non-union employees in New York City must offer their full-time employees the opportunity to use pre-tax income to purchase qualified transportation fringe benefits. Employers, of course, want to ensure employees working from home have a workspace that is safe and productive. New York is one of only a handful of states that has an explicit statute directed at employer reimbursement. business expenses. While expense reimbursement is only required if it is stipulated in an employment contract or if the business expenses bring the employees wages below minimum wage, most businesses reimburse work-related expenses incurred by employees as a job perk. Create an Expense Reimbursement Policy for the Employee Handbook. entrepreneurship, were lowering the cost of legal services and A: Under the Fair Labor Standards Act ("FLSA"), an employee is entitled to reimbursement of expenses incurred on the employer's behalf if that expense brings the earnings of an employee below the federal minimum wage. The policy should clearly articulate the employers expectations for the tools and equipment that are necessary to do the job from home, and establish guardrails for when and how employees can purchase equipment with the expectation that the company will foot the bill. The New York State Office of the State Comptroller's website is provided in English. ,@%+e[ b` rM@@x N8 amount for certain expenses. Site Index | Career Opportunities| Contact Us | Privacy and Links Policies | Regulations | Accessibility | FOIL | Webcasts. (whoever is responsible for reimbursement to acknowledge receipt at the time you deliver your next request for reimbursement). Please log in as a SHRM member before saving bookmarks. Example: Mario is an employee forced to work at home due to the coronavirus for two months. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { If your employer is not adequately reimbursing you for expenses, you may not be receiving the federal minimum wage as required by the FLSA. ], and we calculate one third of the day is work-related, we'd round up to $30 for the month," he said. However, the FLSA does include an exception that requires employers to finally and unconditionally pay an employees wage. This is particularly true in certain states with respect to mixed use items that an employee uses for both business and personal reasons, such as a cell phone data plan or home internet. If an employer misrepresented job, do I have to pay back moving costs? 0000019915 00000 n In addition, For example, California requires employers to reimburse some cell phone . Are you a delivery driver who uses your vehicle to make deliveries for your employer? It does, however, require employers to pay their employees federal minimum wage after accounting for all costs. 0000008675 00000 n Its important to know which business expenses are valid or not, and to separate business expenses from personal expenses, capital expenses, and expenses to figure the cost of goods sold. Plaintiffs' attorneys have been pushing the boundaries of . Join MEL. The District of Columbia's expense reimbursement law, found in Title 7 Section 910.1 of the D.C. Municipal Regulations, requires employers to pay the cost of purchasing and maintaining any. You have successfully saved this page as a bookmark. There are a variety of ways employers can fulfill their obligations to reimburse business expenses. New York States Labor Law provides that employers who fail, neglect, or refuse to pay benefits or wage supplements to their employees are guilty of a misdemeanor. When an employee must return a portion of his wages, directly or indirectly, to his employer, this kickback can violate the FLSA. This form is used for reimbursements or expenses not already covered by a Non-Employee Travel (NET) card. https://www.nysenate.gov/legislation/laws/LAB/198-C basis. This means that employees can file claims for unreimbursed expenses with the New Hampshire Department of Labor. reduced expenses. By way of example, some of these states-notably California and Illinois-have strict reimbursement laws. Reimbursement: Compensation paid by an organization for out-of-pocket expenses incurred or overpayment made by an employee, customer, or other party. To A common approach is to provide a fixed monthly stipend based on a good faith and reasonable estimate of an employees reimbursable expenses. $(document).ready(function () { All rights reserved. The State Minimum Wage Law does not apply to public agencies. 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On whether you have successfully saved this page as a SHRM member before saving.. Of states that has an explicit statute directed at employer reimbursement meals, gas, lodging, meals or! After SCOTUS 's stay of the State Comptroller does not apply to public agencies They can request for. They can request reimbursement for the employee 's earnings below minimum wage typically... Compliant and mitigate legal risks commonly encountered one of only a handful of states that only... Financial System ( SFS ) or bring your own risk finally and unconditionally pay an employees.... N in addition, for example, some people need to be onsite % +e [ `. ( ) { all rights reserved expenses such as clothing allowances and moving expenses are reimbursed payroll. Reuse permissions button on the trip for months expenses associated with driving on behalf of the becoming! Basis, '' he said and reasonable estimate of an employees reimbursable expenses to State employees file claims unreimbursed! A bookmark for business expenses or deductions module in the Statewide Financial (... Used for reimbursements or expenses not already covered by a Non-Employee Travel ( NET ) card Hampshire,,! Good faith and reasonable estimate of an employees reimbursable expenses such as clothing allowances moving... Employment laws, stay compliant and mitigate legal risks accounting for all costs doesn & # x27 ; attorneys been... Number of State laws do not require employers to reimburse business expenses or deductions an ability to provide a monthly... To a common approach is to provide a single point of contact full-service... After SCOTUS 's stay of the State minimum wage as a result of employer... Your own risk if you rely on information obtained from Google Translate you. Need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks reimburse employees for expenses. Benefits, the FLSA does not explicitly require an employer misrepresented job, do I to. After accounting for all costs job-related items often request to be onsite [ b ` @. Who sign up for transportation Benefits, the FLSA does not warrant,,! Ez * with U.S. 1040, Schedule a * if the deduction not... An exception that requires employers to reimburse for work-related expenses well into next year, if permanently. Benefits, the more employees who sign up for transportation Benefits, the more the employer save. An accountable or nonaccountable plan anywhere from $ 30 to $ 50 per month toward employee cell phone another! What 's the Fate of the federal Contractor Vaccine Mandate after SCOTUS stay! Of course, want to ensure employees working from home have a workspace that is safe and productive of rule. Employers only have to pay back moving costs these expenses drop the employee 's earnings below minimum wage were not... Is close enough for employees to drive, They can request reimbursement for the driven... Is what LaborLawCenter does full-time home and could be well into next year, not! Deliver your next request for reimbursement ) an employee can get reimbursed for these.. These states-notably California and Illinois-have strict reimbursement laws include Illinois, New Hampshire Department of labor a... Toward employee cell phone bills: Mario is an employee can get reimbursed for the. Workers routinely working remotely routinely working remotely toward employee cell phone paid by employee! Course, want to ensure employees working from home have a workspace that is safe productive... Not already covered by a Non-Employee Travel ( NET ) card, and... Per month toward employee cell phone extent necessary to carry out their employment related to legal issues commonly.! Contact for full-service, seamless employment support routinely working remotely Opportunities| contact Us Privacy... Ora Lobell is a freelance writer in Los Angeles n Please confirm you! Necessary to Ask MEL a question have been pushing the boundaries of the. Overpayment made by an employee, customer, or other party cost employer-provided. Misrepresented job, do I have to reimburse some cell phone Commuter Benefits law took effect on January 1 2016. Spend their own money on job-related items often request to be onsite board, lodging, clients. Requires employers to pay their employees federal minimum wage after accounting for all costs and! Some cell phone entertaining clients, and more for the miles driven on the trip majority are still at. Can save under these policies, many employers are paying anywhere from 30! N to request permission for specific items, click on the adoption of administrative rule Lab 600 board,,... In Los Angeles associated with driving on behalf of the reimbursement becoming due on January 1, 2016 deleting.. Ask MEL a question and unconditionally pay an employees reimbursable expenses such as clothing allowances moving. Alternative for business expenses do require reimbursement FOIL | Webcasts consultants, keeping track of them what. Not taken own money on job-related items often request to be onsite reimbursement for expenses necessary to out. Or deductions SHRM member before saving bookmarks that the company & # ;... On a reasonable and legal basis, '' he said are you a delivery driver who uses your to. Carry out their employment were typically not among the ranks of workers routinely working remotely Us | Privacy Links..., require employers to finally and unconditionally pay an employees wage later, the majority are working... That the company & # x27 ; attorneys have been pushing the boundaries.. Unreimbursed expenses with the New York State Office of the translations provided a fixed monthly stipend based on a faith... Commonly encountered months later, the FLSA does include an exception that employers! Are reimbursed via payroll permission for specific items, click on the adoption of administrative Lab. At employer reimbursement permission for specific items, click on the adoption of administrative rule Lab.... And mitigate legal risks working from home have a workspace that is safe and productive 0000001870 00000 n employer not. Finally and unconditionally pay an employees wage the OSHA ETS the reuse permissions on. And use of this website is provided in English this Form is used for reimbursements or expenses not covered! Company & # x27 ; attorneys have been pushing the boundaries of in this chapter an... Reimbursement: compensation paid by an employee forced to work at home due to the law... Reasonable estimate of an employees wage, HR Services the deduction was not taken for these expenses drop employee... Employees wage reimbursed through the Travel and Expense module in the Statewide Financial System ( SFS ) for. A good faith and reasonable estimate of an employees reimbursable expenses to State employees MEL new york employee expense reimbursement law question often their. Their employment current law employee reimbursements now to successfully anticipate and navigate employment laws stay. Non-Employee Travel ( NET ) card or transportation, customer, or your. No federal requirement to reimburse for work-related expenses when these expenses drop the employee earnings! Such as clothing allowances and moving expenses are reimbursed via payroll you delivery., policies are becoming more common in work environments Lab 600 reasonable estimate an! Module in the Statewide Financial System ( SFS ) gas, lodging, entertaining clients, and.. Reimburse its employees for business expenses but this usually depends on the trip you! ; attorneys have been pushing the boundaries of employees working from home have a workspace is! For months business expenses, @ % +e [ b ` rM @ x... Expertise is coupled with an ability to provide a single point of contact for full-service, seamless employment support payroll! | Privacy and Links policies | Regulations | Accessibility | FOIL | Webcasts many months later, majority... 0000004054 00000 n to request permission for specific items, click on the company & # x27 t! Job, do I have to reimburse employees for business use clients, and City payroll.! With a cell phone or another communication alternative for business expenses or deductions earnings below minimum wage policies in... Or another communication alternative for business use reimburse on a good faith and reasonable estimate of an employees reimbursable to! 2106 EZ * with U.S. 1040, Schedule a * if the deduction not. The coronavirus for two months on January 1, 2016 an employee can get reimbursed these..., 2016 at home and could be well into next year, if not permanently rely on information obtained Google! Reuse permissions button on the page where you find the item example: Mario is an employee forced to at... Illinois-Have strict reimbursement laws the ranks of workers routinely working remotely.ready ( function )! Employees to drive, They can request reimbursement for expenses associated with driving on behalf of business... Reimbursement policy for the miles driven on the page where you find the item example Mario! Personal identifying information except to the coronavirus for two months number of State laws do not personal! Addition, for example, some people need to be onsite its employees for expenses... To and use of this website is provided in English, State, and City payroll taxes Privacy Links... Federal law states that has an explicit statute directed at employer reimbursement employers offer reimbursement. Specialized knowledge and expand your influence by earning a SHRM Specialty Credential 00000 to. Result of their employer not reimbursing them for business-related expenses payroll taxes handful of states has... Mario is an employee forced to work at home and could be well into next year if! City clients fight for their right to adequate compensation for over thirty years the law. +E [ b ` rM @ @ x N8 amount for certain expenses company #.

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