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DOL Reissues Previously Rescinded Opinion Letters : Jan 18th - Under the Obama administration, the Department of Labor (“DOL”) announced that it would no longer issue opinion letters. It also rescinded 17 opinion letters that had been issued under the Bush administration. Opinion letters historically served as a mechanism for the DOL to respond to fact-specific employer inquiries about wage and hour issues. While the opinion letters are not binding law, they remain a helpful resource for employers attempting to navigate the more ambiguous areas of the Fair Labor Standards Act (“FLSA”). A recent development suggests that the DOL may, once again, begin issuing opinion letters. On January 5, 2018, the DOL reissued the 17 opinion letters that were rescinded under the Obama administration. These letters offer significant guidance on numerous wage and hour issues, including the exempt status of many specific positions. Of broader relevance, the reissued opinion letters include the following: > FLSA 2018-14 - Salary deductions may be made when an employee is absent from work for one or more full days for personal reasons, other than sickness or disability. Deductions may be made for absences of one or more full days for sickness or disability, if the deductions are made pursuant to “a bona fide plan, policy or practice of providing compensation for loss of salary occasioned by such sickness or disability.” Deductions from an employee’s guaranteed salary may only be taken if the employee misses one or more full days of work. The regulations do not permit salary deductions for partial day absences. > FLSA 2018-11 - In calculating the regular rate of pay for purposes of overtime, job bonuses that are conditioned only on performing the required work associated with the job must be included. > FLSA 2018-7 - Employers may calculate salary deductions for a full-day’s absence on the number of hours actually missed. Therefore, where an employee is scheduled to work nine hours during the workday, the employer may make the deduction for the full nine hours from the employee’s salary (i.e., the amount of time actually missed). The 17 reissued letters, along with older DOL opinion letters, can be found here (https://www.dol.gov/whd/opinion/flsa.htm). Although not every letter is pertinent to all employers, they remain a valuable source of information and worthy of employer review. If you have any questions on this topic, please contact a member of our Labor & Employment Practice Group. Eric Baisden | ebaisden@beneschlaw.com | 216.363.4676 Pete Kirsanow | pkirsanow@beneschlaw.com | 216.363.4481 Karly Johnson | kjohnson@beneschlaw.com | 216.363.6265
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DOL Abandons Six-Factor Intern Test : Jan 9th - On January 5, 2018, the Department of Labor (“DOL”) adopted a more lenient standard for assessing whether interns qualify as employees under the Fair Labor Standards Act (“FLSA”). Previously, in 2010, the DOL promulgated a more onerous six-factor test. Under that test, an intern was considered an employee unless each of six factors were met. Employers were forced to consider, for example, whether interns displaced any regular employees or whether they derived any “immediate advantage” from the interns’ work. Now the DOL, in reducing the burden on employers, has aligned itself with several appellate courts and implemented the “primary beneficiary” test. This seven-factor test is derived out of a 2015 ruling by the Second Circuit Court of Appeals in Glatt v. Fox Searchlight Pictures, Inc. The test comprehensively analyzes the “economic realities” of an intern’s relationship with his or her employer to determine the “primary beneficiary” of the relationship and is more in line with the current test for determining independent contractor status. The seven factors of the newly-implemented test are designed for flexibility and the DOL advises that in administering the test, the unique circumstances of each case should be considered. The factors primarily focus on the expectations of the parties, the educational benefits, and the correlations with formal courses of study. The DOL has stated that it will update its enforcement policies and provide Wage and Hour Division investigators increased flexibility to holistically analyze internships on an ad hoc basis. This development is expected to benefit employers and ease employer concerns that interns will be inadvertently misclassified as employees. If you have any questions on this topic please contact a member of our Labor & Employment Practice Group. Eric Baisden (Chair) at ebaisden@beneschlaw.com or 216.363.4676. Karly B. Johnson at kjohnson@beneschlaw.com or 216.363.6265.
Comment

Unified Carrier Registration Fee Final Rule : Jan 8th - On January 5, 2018, the Federal Motor Carrier Safety Administration (“FMCSA”) published a Final Rule setting the fees for the Unified Carrier Registration Plan and Agreement (“UCR”). The January 5, 2018 Final Rule (the “Final Rule”) reduces annual registration fees to be collected from motor carriers (for-hire and private), brokers, freight forwarders, and leasing companies for the 2018, 2019, and subsequent years. All interstate motor carriers, brokers, freight forwarders, and leasing companies should endeavor to complete their UCR registration as soon as possible. Though states’ enforcement of the payment of UCR fees generally begins on January 1 of the registration year, the UCR’s Board of Directors (“UCR Board”) has requested that states delay enforcement for 90 days (April 5, 2018) following the publish date of the Final Rule setting fees due to the delay in setting the fee schedule. The State of Indiana’s Department of Revenue, which operates and maintains the national online UCR registration system, had announced it would begin accepting registrations on January 5, 2018. Those interstate motor carriers, brokers, freight forwarders, and leasing companies based in states that maintain their own UCR systems may require more time for the state department to be prepared to accept registrations. The fee schedule, as determined by the Final Rule is as follows: http://www.beneschlaw.com/Setting-the-Course- ... (please click on link for chart) This Final Rule was anticipated in early 2017, as federal law requires that the UCR may only collect up to a statutory maximum, and on March 14, 2017 the UCR Board voted to recommend a reduction of registration fees collected in 2018, 2019, and subsequent years. The adjustment in fees and the Final Rule were required because the fees collected for the 2016 registration year exceeded the total revenue entitlements for the first time in UCR history. Please contact Kelly Mulrane at kmulrane@beneschlaw.com or 614-223-9318 with any questions or if you need assistance with any UCR-related issues.
Comment

SCRUM : Jan 5th - Looking for a plastic company that has initiated the SCRUM philosophy into their organization. I would like to hear how you prepared for the change, how you communicated the change, how you actually initiated it and the bumps and bruises along the way (if there were any). Brian J
Comment

Indistry standard scrap % of sales? : Dec 29th - I am looking for a benchmark on industry standard scrap/rejects as a percent of sales. does anyone know of a report or have an idea of what the standard is? Christopher Everett
Comment


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Abraham, Shannon - Vice President
Acker, Jan - CEO
Ackerman, Mike - General Manager
Adams, Tyler - Vice President
Albrightson, Amy - IT Manager
Anderson, Brian - President / Owner
Anderson, Glenn - President
Anderson, Brian - CEO
Andre, Dick - President
Applegate, Jeff - CEO
Ash, Jason - Plant Manager
Ash, Sondra - Executive VP, CFO
Ash, Jason - Plant Manager
Atkins, Bradley - General Manager
Bachrach, Jon - COO
Bacon, David - General Manager
Bader, Kevin - Business Development Officer
Banfield, David - General Manager
Barkalow, Walter - Director of Manufacturing Plastic Divisions
Barker, Joe - Vice President - Plant Manager
Bartlett, William - President
Batliner, David - Vice President
Batliner, Doug - President
Baxter, Scott - President
Bayer, Tim - Vice President
Beelman, Dawn - VP of Finance
Began, Steven - President
Began, Kate - Business Analyst
Beirne, Patrick - President
Bender, Guy - President
Bender, Jay - COO
Benson, Mike - Managing Director
Bertsch, Jack - President
Bess, Bryan - Chief Financial Officer
Bienias, Gerald - VP Operations
Bly, Tom - VP Operations
Bobbs Jr., William - CEO
Bord, Mary Beth - CFO
Botner, Greg - President & CEO
Bouwman, Jane - CEO
Bowman, Lisa - Accounting Administrator
Boyd, Tom - President
Boyt, Myra - VP of Operations
Breece, Alan - President
Bricker, Rodney - President
Brown, James - President/CEO
Brown, Greg - President
Brown, Jim - Director of Operations
Brown , Ted - Vice President
Brown, James - President/CEO
Brown II, Greg - Business Development
Brown II, Greg - Business Development
Bruce, Mike - Production Manager
Brzozowski, Bob - President - NA
Brzozowski, Bob - President - NA
Buchenroth, Steve - Owner
Bucher, Sharon - Safety and Training Mgr
Buchholz, Al - VP Operations
Buchmann, Lindsay - Logistics Manager
Buchmann, Mathias - General Manager
Buisman, Stan - VP Business Development
Burkhead, Chris - General Manager
Burrow, Clovis - President
Burrow, Randy - Vice President Manufacturing
Butler, Rocky - CEO
Cahill, Brendan - President
Callahan, Ed - President
Callahan, Doug - President & COO
Callahan, Ed - VP/GM
Campbell, Stephen - CEO
Capps, Crystal - VP of Finance/Materials
Capps, Tim - President
Carmichael, Bruce - General Manager
Caro, Joseph - President & CEO
Carrel, Craig - President/Marketing Manager
Cartner, Mike - Finance/CFO
Cartuyvelles, Rick - Genereal Manager
Carty, David - Chief Operating Officer
Carty, Erin - President
Caruso-Stueck, Lynn - General Manager
Chalmers, John - Vice President of Quality and Purchasing
Chamberlain, Fred - VP Operations
Chapman , Jim - General Manager
Chase, Kevin - President
Chenoweth, John - VP of IT
Chiavetta, Jim - President
Christensen, Jim - President
Cirone, Michael - President
Cirone, Michael - President
Close, Vincent - ERP/Network Administrator
Clyde, Bill - Owner
Coatter, Joseph - President
Collins, Bill - General Manager
Concordia, Gene - General Manager
Conis, Kym - Assistant Director
Conway, Tim - CFO
Cook, Avril - VP of Manufacturing
Cooney, Rob - Owner
Couch, Damien - Sales Representative
Cox, Gerald - President
Crandall, Annette - President
Craprotta, Steve - Vice President
Crowe, Darryl - Owner
Cuellar, Noel - President/CEO
Cundiff, Terry - Vice President
Currier, John - President
Dalleska, Robert - Vice President of Operations
Davenport, Rodney - VP
Davis, Michael - President
Davis, Patti - Controller
Davis, Gerald - President
Delaney, Mark - VP Operations and Engineering
DePerro, Bob - Vice President
Derby, Randy - Plant Manager
Devereux II, CPA, Michael - Partner
Dickerson, Ken - President
Dickinson , Bill - President
Dielschneider, Chad - President/CEO
Dobie, Greg - President
Doleshaw, Scott - COO
Dorans, Rich - VP of Operations
Dorsey, Mike - VP Mfg & Eng
Doster, John - Executive
Doster, John - President-Blow Molding
Doster, James - President- Injection Molding
Doty, Doug - General Manager
drake, chad - plant manger
Duerr, Jens - Director, Business Development
Duffey, Tom - President
Duggan, Ted - General Manager
Dunne, Bill - Operations Manager
Dunne, Robert - President
Dyer, Steve - CEO
Eberle, Jim - President
Eckert, Andy - CEO
Edwards, Jon - Production Manager
Elli, Neal - President
Elsasser, Robin - Office Manager
Embree, Ron - President/CEO
Endecott, Morgan - Chief Financial Officer
Endecott, Darin - COO
Engstrom, Kevin - Director of Information Systems
Erickson, Becky - Controller/CFO
Estrada, Phil - Chief Operations Executive
Everson, Keith - President & CEO
Fabiszak, Ed - VP Sales & Marketing
Falcone, Tom - Owner
Farrar, Dan - Executive Vice President
Fasano, Shelley - VP Operations
Fawcett, Chad - CFO
Feldman, Bill - Vice President
Ferguson, Scott - Owner
Fernandez, Jesse - Director of Operations and Logistics
Ferriot, Craig - President
Finley, Todd - President
Fish, Glen - President
Foreman, Keith - President
Forest, Normand - CEO
Franco, Perry - VP
Franczek, Brian - General Manager
French, Jay - Project Manager
Friel, Rick - VP Operations
Froman, Waynne - VP Operations
Fuhrman, Mark - Marketing Manager
Fuller, Fred - Director of Sales
Gagnon, Tom - President
Ganon, Stacie - VP Finance
Gasek, Angela - General Manager
Gedwed, Christopher - COO
Gedwed, WIlliam - Owner & CEO
Gerdes, Thom - Chief Executive Officer
Gilham, Evan - COO
Gill, Rick - President
Gillett, Don - President
Ginsburg, Corey - Director of Sales
Ginsburg, Noel - Owner, CEO
Gladden, Jim - President
Glass, Larry - President/CEO
Godfrey, Tammy - Controller
Godfrey, Troy - General Manager
Good, Steve - President
Goodsel, Kelly - President / CEO
Gorant, Jim - Director of Finance
Groleau, Matt - Chairman
Gros, Dennis - President
Guagliardo, Dave - CFO
Hagen, Scott - C.O.O.
Hahn, Lindsey - CEO
Hallam, Mark - President
Hardgrave, Reed - Vice President
Harp, Ben - Chief Operating Officer
Hart, Melanie - President
Hartford, John - General Manager
Hartwell, Scott - KEY GM
Hatlewick, Ken - Plant Manager
Hauser , George - President
Hedge, Martha - Controller
Heinemann , Greg - CEO
Heisser, Christof - President
Held, Jeff - CEO
Hensley, Shae - Production Manager
Herman, Adam - CPA
Hertlein, Joy - CFO
HERZOG, MICHEAL - CFO
Higgins, Melissa - Vice President
Higgins, Paul - Operations Manager
Hill, Steve - Vice President
Himes, Carolyn - General Manager/CFO
Hindman, Jeff - CEO
Hlavin, Matt - CEO
Hocking, David - Maintenance Manager
Hoehn, Jason - President
Hoffbeck, Doug - Director of Engineering
Hoffmann, Ben - Manager Polymer Technologies
Holden, Sam - Chief Operator Officer, General Manager
Holder, Place - None
Holland, Ed - President/CEO
Holzmeyer, Alan - President
Hoskins, John - President
Hoskins, John - VP
Hotzler, Sherri - President & CEO
Houdeshell, Tom - President
Hovermale, Roy - Production
Huber, Paul - CEO
Ignatowski, Jeff - Director of Sales and Marketing
Issler, Julian - CFO
Jacobson, Greg - CEO
Jacobson, Jon - President
Janeczko, Robert - CEO & President
Janeczko, Josh - President
Janssen, Rick - IT Manager
Jastrzembski, David - Vice President Quality Assurance
Jennings, Lisa - President & CEO
Jennings, Lisa - President
John, Grant - Sales Representative
Johnson, Beth - Operations Manager
Johnson, Drew - Production Mananger
Jones, Lester - Vice President
Jorgenson, Jeff - General Manager
Jorgenson, Sheri - President
Joslyn, Bret - COO
Kaplan, Masako - Executive
Kaplan, Stu - President
Karn, Shaun - EVP
Karpinsky, Kevin - COO
Katen, Phil - Owner
Keller, Chris - President
Kelley, Dennis - Plant Manager
Kelley, Scott - President
Kelyman, Chip - Vice President
Kepler, Jim - President
Kerg, Jim - President/CEO
Keslar, Letha - Managing Director
Kessler, Ron - CEO
Keyse, Rick - COO
Keyser, Mark - General Manager
Kibbe, Shane - Vice President
Kincaid, Jerry - President
King, Stephen - President
Kinnear, Jason - Plant Manager
Kinnie, Brian - VP of Operations
Kirby, Rick - President
Kirchmer, Mark - CEO
Kirscht, Dan - Director of Planning & Customer Logistics
Kirscht, Ronald - President
Kishell, Thomas - President
Kleck, Tom - President
Knapp, Ed - Owner
Knapp, Eddie - President
Knight, Teresa - Director of Materials
Kolker, Doug - CPA
Kornfeld, Glenn - President
Krause, James - VP of Engineering
Krauss, Mark - President
Krezel, Jim - CEO
Krieps, Matt - Owner
KRUEGER, GREG - VP - ADMIN
Kruis, James - Vice President
Kruis, Jeff - President
KRUSE, JOHN - PRES
Kudakkachira, Alexander - CEO, Engineering Manager
Kuhn, Jaime - Operations Manager
Laboda , Dave - VP of Operations
Lail, Dean - President
Larson, Patti - Operations Manager
Leedom, Dennis - Co-Owner/Secretary
Leedom, Dan - President
Leedom, Jeff - General Manager, China Operations
Lemper, Steve - Sales Manager
Lessard, David - VP/General Manager
Lewis, Greg - Tooling Division Manager / Owner
Lewis , Tim - President / Owner
Lewis Jr. , Dave - Engineering Manager / Owner
Lider, Carl - VP OpEx
Lilly, Roy - CEO/President
Lindemann, Daryl - President
Lippott, Jody - Accounting
Lohr, Mark - GTR GM
Lohr, Mark - General Manager
Luce, Bob - President
Lunder, Steven - Principal
MacIntosh, Bob - President & CEO
Mahon, Pat - GM, Custom Products
Mallon, Dan - CFO
Mann , Bob - President
Mann, Jason - Director of Operations
Marsh, Nicholas - IT Manager
Martel, Peter - CFO
Martinez, David - President
Martinez, David - President
Marut, Robert - President/CEO
McCabe, Bob - Partner
McCloskey, Lou - Vice President
McDaniel, Ryan - VP of Sales/Customer Service
McMurphy, Bob - President
McPhail, Paul - CFO
Meixel, Heather - Owner
Mengel , Jeff - Partner
Merrifield, Elizabeth - n/a
Metz, Chris - CEO
Meurer, Vern - VP
Meyer , Dale - CEO
Meyer, Dale - President
Milan, Kyle - CEO
Miller, Patricia - CEO + Visionary
Minneman, Steve - President/Owner
Minneman, Allen - Vice President, Marketing
Minneman, William - President
Monahan, Jon - President
Monroe, Scott - Plant Manager
Moore , Jim - President
Morando, Victor - Chief Technology Officer
Morgan , Ted - Senior Manager
Morgan, Mike - Controller
Mount, Mathew - CFO
Moutafis , John - VP of Business and Project Development
Moyak , Dave - General Manager
Moyer, Bill - President
Mraz, Ken - VP & General Manager
Mulvey, Chris - President
Munson, Andrew - Partner
Murphy, Mark - General Manager
Nagler, Thomas - President
Neuzil, Bob - General Manager
Newman, Pamela - COO/President
Niblett, Kathy - Director of Finance & Admin
Nicholas, Sam - Founder
Nicolay, Todd - Vice President of Sales
Nightenhelser, Vern - Director of Manufacturing Operations
Nolen, Gene - President
Nolen, Greg - General Manager
Nolen, Greg - CEW GM
Nolen , Gene - CEO
Norman, Dwight - General Manager
Norris, Dan - Vice President
Nowak, Glenn - Director of Marketing and Sales
O'Bosky, Charles - President
O'Conner, Mike - Owner
OConnor, Tom - President
Ogletree, George - CEO
Ogorek, John - CFO
Olesen, Brian - President & CEO
Osiecki, Jill - Vice President
Owen, Chip - C.E.O.
Padgett, Chris - VP Manufacturing
Palmeri, Mark - Plant Manager
Parent, Susan - President
Parks, Denise - Director of Logistics
Passanisi, John - President
Patel, Samir - Financial and General Manager
Patel, Sanjay - Director of Business Development
Paules, Dennis - Owner
Paules, Eric - COO
Paulson, Adam - Vice President
Paulson, Craig - President
PEARSON, GARY - V.P./OWNER
Perlman, Scott - EVP
Perry, Sarah - VP of Corporate Affairs
Peterson, Jeff - President
Peterson, Jeff - President
Pflughoeft, Scott - Vice President Operations
Pickens, Roger - VP of Sales
Piltz, Wayne - VP Supply Chain / HR / Logistics
Pisciotti, Diane - Director of Talent
Plane, Brad - Corporate Project Manager
Pleasant, Ron - CEO
Poischbeg, Matt - Vice President
Popovich, Marko - Manager of Accessories
Porter, John - President
Powers, Gary - Vice-President
Prenatt, Craig - VP Operations
Pridonoff, Tom - CEO
Priest, Russ - Chief Operations Officer
prischak, douglas - vp tooling & engineering
prischak, daniel - vp manufacturing
prischak, donald - vp sales & marketing
prischak, dennis - president/ceo
Pruitt, Gary - EVP Operations
Quillen, Anita - President CEO
Quintero, Nina - Director of Administration
Rabenold, Ben - Plant Manger
Rapacki, Chris - President
Rebman, Rob - Owner
Reschly, Jim - Vice President
Reschly, Tom - President
Reynallt , Amy - General Manager
Reynolds, Gerard - President
Rheude, Gary - President/CEO
Rice, Derrill - CEO
Richard, Dave - Plant Manager
Richardson, Kevin - Plant Manager
Richey, Ron - President
Richey, Ryan - Executive Vice President
Riehl, Ralph - President
Riesbeck, William - President
Ringleben, Ron - VP New Business Development
Robinson, Bill - Plant Manager
Robinson, John - President/CEO
Rocheleau, Mike - Executive VP
Rodgers, Jeffrey - CEO
Rogers, Missy - President
Rogers, Scott - Technical Director
Rothenbuecher, H. Alan - Attorney
Rothenbuecher, Alan - Partner
Routsis, Andy - President
Routt, John - VP / COO
Rufenacht, Mike - Manufacturing Site Manager
Saddler, Paul - President
Saddler, Scott - Vice President
Schell, Teresa - President/Owner
Schneberger, Jim - President
Schoon, Rod - President
Schorejs, Derek - Materials Manager
Schreffler, Doug - VP Sales & Marketing
Scott, Bradley - President & COO
Seeley, Mark - President
Segrest, Lawrence - CEO / Owner
Seitz, John - COO
Sellner, Richard - President
Serell, Joseph - Vice President
Shaw, Kathy - Accountant/Human Resources
Sheets, Doug - COO
Shelton, Andrew - President and Owner
SHOLTIS, CHARLES - CEO
Shoup, Greg - Division President
Shurig, Andrew - VP, Operations
Sinderson, Stephen - President
Slavens, Carl - Plant Manager
Smallwood, Roger - President
Smith, Ben - CEO
Smith, Melissa - President
Smith, Harry - President
Smith, Derran - President
Smith, Tom - Plant Manager
Smith, Dale - VP Sale & Engineering
Smith, Randy - Tool Shop Manager
Sowers, Shea - Sales Manager
Spence, Hartie - Owner/President
Spitznogle, J.R. - President
Steinwall, Maureen - President
Stevens, Vicky - Purchasing Manager
Stradtman, Stephen - CEO
Stradtman, Steve - CEO
Strunk, Eric - Plant Manager
Stuchell, Bart - Owner
Sturtevant, Mark - President
SWANSON, MARK - CEO
Tabner, Laurence - CEO
Talmage, Bill - Owner
Talmage, Ross - Owner
Taylor, Craig - Quality Manager
Thompson, Tom - President
Titzer, Scott - President, CEO
Townsend, John - Dir of Operations
Townsend , Terry - CEO
Tredway, Phil - President
Trentman, Steve - Director-Business Development
Tucker, Lyndon - President
Turk, David - President
Turner, Dale - Vice President/Controller
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Van Roy, Jay - Vice President
VandeBerg, Dean - President
VanVoorhis, David - CEO
Vereecken, Bruce - President
Vereecken, Joe - General Manager
Vereecken, David - Sales Manager
Voelkel, Charles - Chariman
Walter, Mike - President
Walters, Rick - President
Walton, Scott - COO
Ward, Don - Vice President
Watts, Mike - President & CEO
Weber, Bill - Engineering Manager, Puchasing Manager
Weiss, Robert - General Manager
Weissenrieder-Bennis, Elisabeth - Director of Strategic Planning and Marketing
Welter, Jack - President
Wenk, Christian - VP
Westman, Jim - CEO
Whitney, Rob - President
Williams, Roger - CEO
Williams, Chris - CEO
Williams, Marla - Controller
Wilson, Bill - President
Wilson, Brendan - Vice President of Operations
Wiman, Kelly - General Manager
Winzeler , John - President
Wise, Fred - President
Wisniewski, Scott - Vice President
Witkiewicz, Marty - President, Owner
Witkiewicz, Joe - General Manager
Witt, Siggi - Vice President
Wolf, John - General Manager
Wright, Craig - Vice President
Wright, Chris - CFO
Yakubov, Vadim - VP of Operations
Yeany, Scott - Manufacturing Manager
Zacharias, Mike - President
Zajacz, Anthony - Plant Manager
Zanolli, Jim - General Manager
Zeiler, Keith - VP Operations
Zeoli, Bob - Manager
Zeyen, Patty - Chief Financial Officer
Ziegenhorn, Paul - President
Zuo, Julia - Controller
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