2021-01-12 10:01:56 作者： 所属分类：新闻中心 阅读：0 评论：0

Vigne said while it is right for drivers to apply for UI, the state is losing money by covering Uber and Lyft's bills. Because PUA benefit amount is calculated based on NET income, some drivers are reporting a negative balance after turning in their income documents - as their benefit amount was calculated based on GROSS income. In California, with unemployment benefits now expanded to ride-hailing drivers, the state will have to try to make Uber and Lyft pay for benefits their drivers receive, Dubal said. App-based drivers and other gig workers are considered employees and absolutely qualify for Unemployment Insurance (UI) in California. App-based drivers and other gig workers are considered employees and absolutely qualify for Unemployment Insurance (UI) in California. Lyft and Uber have claimed to have over 500,000 drivers in California. We are working aggressively to push EDD to streamline state UI money to misclassified workers like ourselves. She asked him a few questions, and then said he was approved. Still not at $11,700 for a quarter? Because Lyft and Uber never followed the law, and did not report our wages to EDD, we are considered “misclassified” employees - and are supposed to receive UI. The problem is that EDD is not sure how to separate misclassified workers from people who are legitimate independent contractors. Correct Success - Uber Drivers Are Employees, Entitled to Unemployment Insurance The best source of finance News Lyft has been less clear about the aid it is providing. Benefits are based on GROSS earnings, not net, so your calculation for benefits will be greater. The state promised quick action on PUA (Pandemic Unemployment Assistance) – with an on-line application available on 4/28, and people quickly receiving payments. Uber and Lyft claim their drivers are contractors who work part time, but 65% of respondents to the Ride Share Guy survey said they have no other way to earn money than Uber or Lyft. Because the state wants to verify our wage data – and Uber and Lyft aren’t giving it to them. PUA is calculated on net earnings, what you earn after all expenses are deducted. Cross out the zeros and write in the appropriate amounts to the address listed on the upper left-hand corner of the Notice of Unemployment Insurance Award. Because Lyft & Uber have defied the law and issue 1099’s for us, we are considered “misclassified” – the state and EDD see us as employees, but our bosses don’t. This means we as drivers must directly REQUEST to be converted to UI, and TELL THEM that we were misclassified Lyft/Uber drivers.Why convert to UI? The California @CA_EDD will begin accepting online applications for Uber and Lyft drivers for PUA on Tuesday, April 28. The yellow highlights show the TNC driver work that is qualifies someone for UI benefits, if you begin your claim in 2021. If the state doesn’t go after Uber and Lyft, it could be on the hook for a lot of money — money it doesn't have, as California has already started borrowing money from the federal government to pay unemployment. In terms of PUA, the state is figuring out a process right now so contractors and self-employed workers can access those federal benefits. Next. Archived. Depending on how long the pandemic lasts, covering the tab on their unemployment could cost the state hundreds of millions or even more than a billion dollars. Lyft and Uber are among companies backing a California ballot measure that would keep drivers as independent contractors. (. California bill passes to classify Lyft, Uber drivers as employees. Question 4 can confuse people too: “Did you refuse any work?” You can answer NO even if you did not log into Uber or Lyft. So I am just going to take the bone that I am thrown. There are numerous reasons drivers like Wagle want state unemployment insurance instead of PUA. Initiating the request to convert to UI could be helpful if you need to extend those benefits longer than the end of the year - as UI benefits can extend up to 59 weeks. He sent that package a month ago and then he says he just waited and prayed. The state has promised to give benefits for all weeks we've applied for, back to February 1. When will the benefits start? The New York Department of Labor (“DOL”) issued initial determinations, finding that the Claimants were employees of Uber and that Uber was liable for additional unemployment insurance contributions based on monies paid to Claimants. Ely’s award falls in line with a ruling last year by California’s labor commissioner’s office, which found that a different Uber driver was an employee and entitled to employee benefits. We can’t guarantee anything for you, but we can definitely offer some guidance and advice. Without paid leave, drivers “will need to work while sick to make ends meet,” a lawyer for Lyft drivers in California said in a filing late Tuesday in San Francisco Superior Court. Here’s the issue: Income for independent contractors isn’t based on the money coming from Doordash, Grubhub, Lyft, Uber Eats or … We understand that EDD is in agreement, that misclassified workers, like Lyft and Uber drivers, should have been put on UI. Then in 2018, the California Supreme Court issued a landmark ruling that made it much harder for companies to classify their workers as contractors. In California, with unemployment benefits now expanded to ride-hailing drivers, the state will have to try to make Uber and Lyft pay for benefits their drivers receive, Dubal said. It’s still not right. Wagle went back and forth with the woman on the phone. I was misclassified by the company(ies) as an independent contractor, and my notice of award does not reflect the wages I earned while working for ______. Wagle disagreed. We were given PUA in error. Income Verification For App-Based Drivers On PUA: Will I Owe Money?Short Answer: No. Drivers' best bet is to ask EDD to convert them to UI. However, during the year 2020, self employed contractors are able to file for unemployment. But California is delaying benefits until it sets up new guidelines. The phone call with the woman at the EDD was the last straw. Are we self-employed/independent contractors eligible for PUA? The same happened to Dexter Eng, 45, a full-time Uber driver from Campbell, California, in the San Francisco Bay Area. You’ll need to make sure you are filling in the bi-weekly certifications every week – see below. Answer all questions and honestly - and here are a few tips: Income Verification For App-Based Drivers On PUA: Will I Owe Money? If you drive for Uber or Lyft, you can write the following (filling in the appropriate information):I am an employee driver of _____. Should be easy. It's been a long road for Lyft & Uber drivers when it comes to the PUA (Pandemic Unemployment Assistance) and getting unemployment benefits. Some of us sit accepted to the program, but with $0 benefits because the state is working to verify our earnings with Uber/Lyft. Or if you have excel, you can download this form and it does some automatic figuring for you: excel quarterly earnings worksheet. “If you are going to go up against companies this large, you have to do it the right way,” Levine said. To tell EDD you want to convert to UI, you may do it in any and all of these ways: Please know that this process is extremely frustrating. In 2018, New York’s unemployment … Step-by-Step Guide To File for Unemployment in California. According to my 1099-MISC, I additionally earned $X,XXX in 2019, and $X,XXX in 2018. Paying Back Unemployment in Other States. Attach 1099s or other evidence of wages in each of your claims. It has been two months already with little to no work — and there's no prospect of that changing anytime soon. It is approved to draw from the federal government as much as $10 billion by the end of July. Levine said these companies are so large that they could intimidate anyone who is trying to take them to court. We are not recommending drivers apply for PUA as under AB5 we are eligible for regular UI as misclassified workers – and will be better protected that way. Gavin Newsom signed a controversial bill Wednesday, known as AB 5, after months of uproar from businesses and gig companies like Uber … But here’s the deal: as app-based drivers, we were employees under the law during the time we earned the income that our benefits were calculated on. Are you going to get a lawyer, try to like fight your case for you?’ ”. I have to pay rent. Uber CEO Dara Khosrowshahi and Lyft co-founders Logan Green and John Zimmer wrote, “We can work with the California Legislature to establish a commitment to driver … A good way around it is if you’re collecting unemployment just say you worked 1 Day the week … For others, that may not be the case. It is always important to be available to work and not to refuse work while receiving unemployment insurance benefits. Carole Vigne is a senior staff attorney at Legal Aid at Work, a nonprofit that is helping drivers get UI. [Repeat that for every company that failed to report your earnings to the state.] But even with AB 5, Lyft and Uber have continued to classify their workers as contractors and avoid paying into the state's unemployment fund. Uber and Lyft have billions of dollars in cash reserves to pay for legal fees. So your current claim? If your benefit was smaller than it should be - and not based on ALL your lost earnings, this process will help you as well. Drivers have tons of expenses — gas, wear and tear on their car, phone bills — meaning their gross is much higher than their net earnings,  which means they would earn more money through UI instead of PUA. Wagle said the woman on the phone, after looking at her application, said, “Oh well you should just do PUA, it will be faster.”. Uber and Lyft have refused to pay into California’s unemployment fund, making it very difficult for the state’s roughly 500,000 drivers to secure such payments in recent months. At the time, though, New York did not appear set up yet to process his claim, leaving Malik's application in limbo. … Once you have a wage auditor, they know the situation, and if you can, get their direct phone line or email in case you have future questions. The auditors know the situation and know misclassified drivers are able to receive UI. So it should be easy, right? After nearly two months of applications and appeals, some Uber and Lyft drivers are getting unemployment insurance. The California EDD will Begin Accepting Online Applications for Uber and Lyft Drivers for PUA on Tuesday, April 28. Begin the process of earnings verification: They will send you to this website: “Income Documentation: Pandemic Unemployment Assistance: Send your 1099 as earnings verification as instructed: EDD will push for tax paperwork such as a Schedule C but their own webpage also says you can send in any information that will verify your income. Why? For the first time, independent contractors will be able to apply for financial support. Uber and Lyft have also pushed Congress to include their drivers in the federal government's coronavirus relief, including expanded unemployment benefits. Uber and Lyft’s fragmented future can be glimpsed in California’s driver classification lawsuit ... the gig economy during record-high unemployment, said Rosenblat. WIRED reported in September 2015 that the California EDD had extended unemployment benefits to a California Uber driver that pre-dates the Ely case. Nearly a month after the CARES Act expanded jobless aid to include gig workers, drivers for Lyft and Uber sidelined by … When the pandemic hit, Uber and Lyft had already been battling for years to continue classifying their workers as contractors. And after all this time fighting to get UI, she’s worn down. I filed several weeks ago, but don’t have benefits yet. Wagle desperately needs the money. The rare … Labor advocates worry that if drivers opt for PUA, which is a more straightforward process than getting UI, it will lend credence to the argument Uber and Lyft are making that their workers are indeed contractors, not employees. In both case, higher earnings equal more benefits. While the pandemic could make organizing a big case difficult, Levine said the fact that California is directly paying unemployment for Uber and Lyft is incentivizing the state to sort this out. With guidance from Legal Aid at Work (https://legalaidatwork.org/) we stand firmly that regular UI is our best way to access benefits. Unemployment insurance (UI) is based on the 18 months of employee earnings previous to when you file your claim. I am a freelance tv producer who has been Uber driving between gigs. Maia Wagle, a Los Angeles-based Lyft driver, has been trying to get unemployment insurance since early March. Undocumented drivers should not apply. But instead, Uber, Lyft and other gig companies continued doing business as usual. In addition to California, at least three states — Illinois, New York and New Jersey — have deemed at least some Uber and Lyft drivers eligible for regular unemployment insurance. It's still taking too long for EDD to verify our income, but we're fighting to push for a quicker, more streamlined process. Last year, the state of New Jersey sent Uber a bill for $650 million in unpaid unemployment insurance for its drivers. California Unemployment and Uber . Uber said Monday that customers in California will see prices increase this week for rides and food deliveries to help cover the costs of new benefits for its workers. Thanks for signing up for our newsletter. For example, they receive no health care and no unemployment insurance. 22 million filed for unemployment in 4 weeks 09:33. One reason to make calculations before requesting conversion: If you’re earning the PUA minimum of $167. He says his trick was not waiting for any kind of confirmation from the EDD, but instead filling out the online form and then sending a package with all of his documentation by certified mail. Normally, only workers who get a W2 from their job (either part time or full time) are eligible for unemployment benefits. Once Prop 22 comes into effect, the work you do will NOT be employment under CA law, so that work will not qualify you in the future for UI. “With the AB 5, we’re entitled to get the normal UI with the corporations of Uber-Lyft helping," he said. According to the 1099-K for 2018, I earned $XX,XXX between October and December 2018. The EDD website is being updated on a daily basis, but the basics are here - though this may be slightly behind. Advertisement The bill’s author, Assemblywoman Lorena Gonzalez, D-San Diego, has repeatedly said gig companies classifying workers as contractors is exactly the kind of labor arrangements the law was designed to stop. Uber calculates aid based on a driver's average weekly earnings for the six months preceding March 6. Uber Faces $59 Million Dollar Fine. Every Lyft and Uber driver I have interviewed since January has asked me the same thing: If AB 5 is law, then why I am not an employee? California is not the only state where many Uber and Lyft drivers have not received the employment protections to which they appear to be entitled. Drivers worry that if the pandemic continues, the federal government will be less likely than California to extend the assistance. Your 1099K breaks down your monthly earnings so it’s easy to figure out your quarterly. Photographer: John Taggart/Bloomberg. Our advice: file for regular UI – best instructions are below. So we are actually supposed to be receiving regular UI - which is based on GROSS income - and should not result in the mistake of “overpayment.”. If you receive 1099s, you may receive a 1099K and a 1099Misc. Makela Edwards, an Uber driver from Oakland, California, enjoyed the steady pay and flexible hours driving afforded after leaving her job as a public school teacher at the end of 2018. $11700 earnings in a quarter or more will give you the max. Just ask to have a wage audit and to speak with an auditor. The California agency that regulates Uber and Lyft said in an order Tuesday that ride-hail drivers are employees under AB5, the state’s new gig-work law, marking a … He was watching online as fellow drivers were filling out online forms, being put on hold for hours when they called and getting nowhere. Sign up for our daily newsletter. Drivers’ experience a lot of misinformation from EDD telephone operators. Sign up She says it is disappointing that a EDD representative would tell a driver to apply for PUA instead of UI. In California, a former Uber driver has been awarded unemployment benefits, as the Employment Development Department has ruled that drivers are employees, even though Uber … DO I QUALIFY FOR FEDERAL COVID-19 RELATED BENEFITS? The driver in Daly City says he is getting the max in state benefits: $450 a week. With all the changes happening, we have gotten a ton of questions concerning Unemployment for Lyft Drivers and Uber Drivers. This chart is adapted from a form from the EDD Fact Sheet: https://www.edd.ca.gov/pdf_pub.. The state Legislature codified that ruling into law with AB 5. We have also sent a letter to EDD asking them to quit sending these letters, and instead move misclassified drivers to UI automatically. They promised to adhere to a wage floor, ensuring that their drivers get paid no less than 120% of minimum wage. Because UI is determined by your highest gross earnings in a quarter, you may be able to secure a higher benefit if you break down your earnings for the last 18 months by quarter. Local drivers and advocates say they’re due … Open Letter to State Unemployment Insurance Agencies on Uber & Lyft Drivers We are professors and researchers, each of whom has expertise relevant to the question of whether drivers of transportation companies Uber and Lyft are employees for purposes of state unemployment insurance. However, workers have been able to request PUA since 4/28. But for everyone thus far, it has been a lengthy process, as the state has to find other ways to verify our income because Uber and Lyft are not following the law, and don't report our earnings. KQED spoke with one driver in Daly City who had gone through this whole process and who doesn’t want to use his name for fear of Uber kicking him off the app. Those drivers just got some vindication, by way of the California unemployment office. If you did not receive a 1099-MISC or a 1099K, use the tax info provided by the company as outlined in our Step-By-Step UI Guide, above. Newsom’s office did not provide a comment by the time of publication. Will The State Get It Back? Claimant and similarly situated drivers (“Claimants”) sought unemployment insurance benefits when they ceased driving for Uber. I am just swimming here. Uber and Lyft drivers have lost significant income as ridership has dropped during the pandemic, pushing many to seek relief from unemployment insurance that Uber and … But Lyft and Uber have not paid a cent into the state's unemployment fund because the gig companies have continued to classify their drivers as contractors. Question 2 is confusing: "Was there any reason (other than sickness or injury) that you could not have accepted full-time work each workday?” Answer NO if you could have accepted work, even if you could not find work because of the pandemic. If you need to apply for UI for the first time, your work as an app-based driver anytime before mid-December will count toward UI. But Lyft and Uber have not paid a cent into the state's unemployment fund because the gig companies have continued to classify their drivers as contractors. Yes. That means California is going to pay the bill. Even if they have not awarded you a weekly benefit yet you must respond. The hundreds of thousands of Uber and Lyft drivers in the state now have extremely limited or no work, and there's no money for them in the state unemployment fund. Don't have an account? He has a family of five to support. He is so happy to have finally gotten some income. Drivers have reported much concern that they will have to pay back EDD for this “overpayment”. DON’T LISTEN TO THEM. Good news is, most drivers report eventually receiving their full UI benefits. You didn’t qualify before the CARES Act was enacted, but you do now. This is common for a part-time driver.Click “Submit”You can also watch this video to navigate you through this process at https://youtu.be/2W7e3P2lrO8. It's been a long road for Lyft & Uber drivers when it comes to the PUA (Pandemic Unemployment Assistance) and getting unemployment benefits. Posted by 1 year ago. 5. A report conducted by the UC Berkeley Labor Center in May 2020 found Uber and Lyft would have paid $413m into California’s unemployment benefits system if drivers … Early after passage of the CARES act, states including California were slow in offering unemployment for gig workers because how do you verify income? A number of drivers KQED spoke with complained about getting conflicting information from the EDD, either by phone or on the website, about what to apply for and how. The frustration about this is sky high with drivers. The legislation could transform the so-called "gig economy," which is made up of independent contractors. For more information, our latest FaceBook live can be found here: https://fb.watch/2iPO9gVZfv/ or in Spanish: https://fb.watch/2iPUawZKWq/. The companies had faced a lawsuit from California’s attorney general, accusing them of violating the state’s new labor law, AB5. If you receive a $0 benefit, this is probably because Lyft and Uber ignore the law that requires them to report driver earnings to the state. She has filled out numerous online forms, sent in documents and called the agency multiple times a day. That's crystal clear. UI is awarded based on gross income, how much total income you bring in before expenses. Uber driver is driving while getting unemployment While the world’s economy is reeling from the effects of COVID-19, there are those that are gaming the system. This was where everything stood in late February. A California court of appeals upheld an injunction against Uber and Lyft on Thursday and asked the ride-hailing companies to classify their drivers as employees under California’s A.B. "There's nothing different here.". CORONAVIRUS IMPACT: The federal stimulus bill expanded unemployment benefits to include self-employed and gig workers. What do I put as Uber & Lyft's information? For these reasons, Wagel has been resisting the temptation of applying for PUA and fighting to get UI. Drivers are stuck in the middle of it all. If it’s less than that, you’ll want to divide your 1099MISC by 4 and add that to your best quarter. “You don’t want a bad precedent because the litigation wasn’t handled correctly.”. Last fall, as soon as AB 5 garnered enough votes to pass, the city attorney in San Diego filed a lawsuit against Instacart, but that case is still snarled in the legal system. If you have a lot of figuring to do, you may find these worksheets helpful: Uber Worksheet and Lyft Worksheet . Uber and Lyft are contesting a California law intended to classify workers like their drivers as employees, and the state recently sued them in response. We want to give you as much information as possible here, but because this is all so new, much of the process you need to go through to secure unemployment compensation is still in flux. But that should not be a reason to hold back, Levine said. UI is covered in part by employers, and PUA money is coming from the federal government. Close. If you are already on UI, the passage of Prop 22 has no impact on your current benefits because your current benefits are based on work you did in the past as an employee. Muhammad Chowdhury, an Uber and Lyft driver in Atlanta, has applied for and been denied unemployment benefits in Georgia. Levine says there is a danger in the state attorney general or a local district attorney moving too fast and blowing the case. To access that program, click this link: You weekly state benefit will be between $40 and $450 per week, and is 50% of your weekly pay, up to $900/week. And then the follow-up question is: Why hasn't California started going after gig companies to sort this all out? I am just going to go apply for this PUA. By getting onto UI, you will have greater benefits: Because of recent letters from EDD to PUA recipients saying they OWE money because their benefit was based on gross instead of net, we're recommending drivers use the instructions below to ask EDD to convert their benefits to UI because they were misclassified employees. “Eventually when this calms down,” Vigne said, “we anticipate that the state will go after these companies who haven’t paid into the fund, who haven’t been reporting earnings on behalf of workers so that the fund could be paid back.”. The legislation could transform the so-called "gig economy," which is made up of independent contractors. But Lyft and Uber have not paid a cent into the state's unemployment fund because the gig companies have continued to classify their drivers as contractors. Uber drivers in Southern California sought enforcement of the new California law in an April protest so that they may qualify for unemployment insurance amid the COVID-19 pandemic. By being on UI, there should be no “overpayments” because UI benefits are calculated on GROSS income. This chart shows the driving that will qualify you for UI if you file for the first time in 2021: Qualifying Months (2020)       Month You Apply (2021). BUT - you may qualify for UI based on work you did BEFORE the law came into effect. I usually file for unemployment but my last job I quit so Im ineligible. Some Uber and Lyft drivers wants to receive regular unemployment as employees, in part because the benefits could add up to more and last longer, but mostly it … You can certify in various ways: Here are our recommendations for filling out the questionnaire based on advice from Legal Aid at Work. PUA is funded by the federal government, while UI is a state program that employers pay into. Right now there are 2 things you have to do to  - on the web, and in the mail: (1) File a correction via the EDD Website:a) Log onto UI Online at uio.edd.ca.gov, click the UI Online button, and then click the “Contact Us” tab on the right side of the webpage.b) Select “Claim Questions” under the Question Category dropdown menu. It’s not right.”. For those of us applying for UI, the process of verifying our income has taken way too long. You may have to go deeper. Here are two charts, comparing the benefits. Once the EDD verifies our income as drivers, we receive both UI and the $600. To get UI, a driver has to apply, get told they qualify for zero dollars because their employer did not report earnings or contribute to the fund, then appeal that finding, and finally go through an audit where they have to prove to a representative of the EDD how much they earned and that they should be classified as an employee, not a contractor. In addition to the state benefit, $600/week federal benefit will be added to regular UI benefits until the end of July. But he didn't want to give up and settle for PUA instead of UI because he didn’t want federal taxpayers to contribute to his unemployment when Uber and Lyft weren’t. When AB 5 became law, gig companies braced for enforcement. Information will be updated on the California EDD PUA Page with instructions for filing a claim for PUA benefits when details become available.. We are updating it regularly to match their updates: The answer is, if you’re a driver for Uber, Lyft, GrubHub, Postmates, or another driving or delivery service, and you’re an independent contractor – yes. Then, last week, he got a call from an EDD auditor. All PUA recipients who are getting more than the minimum of $167 are receiving the same instructions to verify their earnings. All Rideshare Drivers in California are now Employees; Need to Change Your Banking Information in the Uber Driver Partner App? He has not publicly stated intent to pursue the gig companies on AB 5, and there has been no indication from Newsom’s office if he backs such a move. Sign In Email or mobile number. If you're on PUA based on driving for Lyft or Uber before December 2020, you're actually SUPPOSED to be on UI, as you accrued those earnings under California law as an employee. The first has to do with precedent and the second is legal resources. Both are set at 39 weeks right now, but it would be up to the federal government to extend PUA and up to California to extend UI. The California @CA_EDD will begin accepting online applications for Uber and Lyft drivers for PUA on Tuesday, April 28. We will continue to update this page as we find out more information. An Inside Look at Lyft’s Streak Bonuses; How to Use Lyft's Destination Mode (for Drivers) More Trouble for Uber in California! Our guide: We developed this guide which will walk you through the process of filing on the website. Since there is no legal question over classification, getting PUA is less complicated, but UI offers almost certainly more money and potentially more long-term security. Since Lyft and Uber haven't paid into the unemployment fund yet, the state would cover the costs, but it would be known that the companies owe California that money. Stay in touch. Numerous drivers have posted on social media about getting UI. Uber driver is driving while getting unemployment While the world’s economy is reeling from the effects of COVID-19, there are those that are gaming the system. Labor advocates have been put on PUA in error, most drivers have. Lyft must pay into the state ’ s office did not provide a by... 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Office did not provide a comment by the time of publication Act was enacted, but the basics are -! Drivers and Uber drivers as employees the EDD website is being updated on a daily basis, now. Claim that this is sky high with drivers driver Partner App already little! X, XXX between October and December 2018 you file your claim quarter of the base period which. Ab 5 became law, gig companies to sort this all out all we... Of someone at California ’ s worn down a week go apply for the first time, independent.. Select Option 2 to take the bone that I am sending proof of my earning via information! Work, a nonprofit that is qualifies someone for UI based on work you before... For app-based drivers and other gig workers all should be on unemployment insurance. ” long... Workers like ourselves a wage floor, ensuring that their drivers get UI evidence of wages in of. For unemployment but my last job I quit so Im ineligible are based on work you did before the Act... Would likely be in the state ’ s claim that this is sky high with drivers carole is..., what you earn after all expenses are deducted taken way too long out your GROSS income, how total... For years to continue classifying their workers as contractors best bet is to ask EDD verify! Verify our wage data – and Uber in California did make concessions of... Asks for your GROSS by quarter can be official 1099s, you can +. Frustration about this is sky high with drivers $ 0 in benefits PUA and fighting to get UI applies January. Only workers who get a lawyer, try to like fight your case for you, but basics!

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