Exemptions. After much criticism on the broad nature of the FLSA’s various protections, the Department of Labor (DOL) has revisited its previous FLSA interpretations and released another Opinion Letter (FLSA2021-6) concerning overtime exemptions. New: Interactive Handy Reference Guide to the Fair Labor Standards Act (PDF) (For best printout, see the PDF version.) Chamberlain, Kaufman and Jones is a law firm with a nationwide reputation in helping employees receive the wages they are due for all hours worked, specializing in overtime law specifically collection of unpaid overtime pay due under the Federal Fair Labor Standards Act (FLSA). Chamberlain, Kaufman and Jones is a law firm with a nationwide reputation in helping employees receive the wages they are due for all hours worked, specializing in overtime law specifically collection of unpaid overtime pay due under the Federal Fair Labor Standards Act (FLSA). Under the FLSA, employers are required to pay overtime, time-and-a-half to employees for each hour over 40 hours of work in a week unless those employees fall into certain exemptions. On May 18 of this year, the U.S. Department of Labor (DOL) revealed its new regulations concerning the "white collar" overtime exemptions to the Fair Labor Standards Act (FLSA). An equivalent pay on an hourly basis does not meet the requirements. Overtime exemptions are a complex area of employment law. Salary-Level Test (New York): The FLSA contains a number of exemptions from its minimum wage and/or overtime pay requirements. Issued by: Classification and Pay Date: August 23, 2004 References: Fair Labor Standards Act of 1938, as amended, 29 U.S.C. Exemption Classes Executive Exemptions. Under FLSA rules, nonexempt employees are entitled to time and one-half of their regular pay rate for each hour of overtime. The Fair Labor Standards Act (FLSA) is best known as the law determining the exempt or nonexempt status of jobs and overtime requirements. May 18, 2016. However, there are some categories of employees that qualify for Fair Labor Standards Act exemptions from overtime. The update significantly increases the salary level needed to qualify as exempt under the FLSA’s white collar and highly compensated exemptions. Minimum Wage and Overtime Coverage. Again, not necessarily. The DOL estimates these new rules will make 1.3 million American workers newly eligible for overtime pay and other FLSA protections. If an employee is not specifically exempted from the overtime provisions of the FLSA, the employer must pay overtime, regardless of whether the employee is paid on a salary, piece rate, commission, fee, or daily rate basis. FLSA Overtime Exemptions – Retail Sales Exemption March 18, 2017 exemptions , retail sales Fair Labor Standards Act , Overtime , Unpaid Wages Charles Stiegler The previous series of articles addressed the three white collar exemptions to the Fair Labor Standards Act – executive , administrative , and professional . This decision could have far reaching implications as it theoretically applies to all overtime disputes involving exemptions under §13 of the FLSA… And, the argument goes, a "day rate" cannot be a "salary." DOL Updates FLSA Overtime Exemption Regulations. Some employees are exempt from the overtime pay provisions, some from both the minimum wage and overtime pay provisions and some from the child labor provisions of the Fair Labor Standards Act (FLSA). FLSA exemptions from overtime are narrow and very fact specific. The Fair Labor Standards Act (FLSA) requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek. § 779.372. In 1974, the was amended to FLSA extend coverage to state and local governments. Employees are only entitled to overtime if they work over forty hours in a workweek. $11/hr. Nonexempt employees mistakenly treated as exempt employees, or whose "off-the-clock" hours are not properly recorded and compensated, may file FLSA overtime claims with the U.S. Department of Labor . It has issued 10 decisions this century interpreting the administrative exemption. Earlier today, the United States Department of Labor announced a long-awaited final rule to take effect on January 1, 2020 updating the earnings threshold to $35,568 necessary for employees to qualify for the Fair Labor Standards Act’s (FLSA) “white collar” exemptions. Revised September 2016. Exemptions to the overtime time-and-a-half requirements. In November a judge in Texas put an injunction on the final overtime rules. Employers often claim that workers are exempt from overtime simply because they have been given the title of manager. This is because the most common exemptions to overtime under the Fair Labor Standards Act (FLSA) require that the employee be paid on a "salary basis" of at least a certain minimum amount. The federal Fair Labor Standards Act (“FLSA”) requires most employees to receive at least minimum wage and overtime pay at one and one-half the regular rate of pay for all hours worked over 40 during a workweek. Administrative Exemptions. $11/hr. Unless specifically exempted, employees must receive overtime pay for hours worked in excess of 40 in a workweek at a rate of 1 and 1/2 their regular rates of pay. The U.S. Department of Labor, DOL, released new regulations dictating overtime on May 18, 2016. Section 7 of the FLSA and Title 29, CFR, Chapter V, Part 553 of the FLSA regulations explain these partial exemptions. ACTION: Final rule. Multiply the “regular rate” by the non-overtime hours worked ($36.97 x 40 hours = $1,478.75) Multiply the overtime hours (8 hours) at the overtime rate ($36.97 x 1.5 = $55.46) ($55.46 x 8 hours of overtime = $443.68) Add the regular rate hours and the overtime together ($1,478.75 + $443.68) The total compensation is $1,922.43. Miami Overtime Violations. The FLSA and Department of Labor (DOL) regulations contain volumes of data regarding the accrual, usage, payouts, and required record keeping for FLSA comp time. FLSA Q&A: Overtime, exemptions, and time clocks. And their job duties were limited to those described in the FLSA's executive, administrative, and professional exemptions. How does that impact your business? However, Kentucky does not require overtime to be paid for hours in excess of eight hours per day or on weekends or holidays. The current FLSA has a salary threshold of $23,660 annually ($455 per week), meaning ANY employee making less is eligible for overtime. Does this mean I am eligible to collect overtime? The FLSA requires employers with more than 50 employees to pay a minimum wage and overtime compensation at a rate of not less than one and one-half times the employee’s regular rate for hours worked over 40 in a workweek. The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. Presentation slides Recorded Session On May 18, 2016, Below is an overview of exemption tests under New York law. To be administratively exempt from overtime compensation, an employee must meet all of the following tests: Employee compensation on a salary or fee basis (as per the FLSA) cannot be less than $684 per week (as of January 1st, 2020). Among those most commonly applicable to automobile dealerships is one which exempts certain sales and parts personnel, mechanics, and service writers from the overtime … These are exemptions from overtime only. Each of these exemptions requires an employee to be paid on a salaried basis. California has no such damages provision. Under the Fair Labor Standards Act (FLSA), most employees in the United States must be paid at least the federal minimum wage for all hours worked and must be paid overtime (one-and-a-half times the employee’s regular rate) for all hours worked in excess of … By: Gregory Archibald In the American workforce, all employees are afforded certain protections by the FLSA (Federal Labor Standards Act). The FLSA is a federal law that covers most employers in the United States. After much criticism on the broad nature of the FLSA’s various protections, the Department of Labor (DOL) has revisited its previous FLSA interpretations and released another Opinion Letter (FLSA2021-6) concerning overtime exemptions. § 207(i), provides an overtime exemption for employees of a “retail or service establishment” who are paid in excess of 1.5 times the minimum wage, and receive more than half of their compensation, for a representative period, in … Despite being entitled to overtime, the FLSA does not limit … Continue reading "To Pay Overtime or Not to … ", participants asked questions about overtime pay and exemptions under the Fair Labor Standard Act (FLSA). The Fair Labor Standards Act (FLSA) establishes overtime laws and exemptions throughout the nation. Fair Labor Standards Act (FLSA) Exemptions Page Content When determining whether an employee is exempt or non-exempt from receiving overtime, employers in Illinois need to review their employee's classification against both the federal Fair Labor Standards Act (FLSA) and Illinois … Drivers and certain other employees for “motor carriers” are generally exempt from this requirement under what is known as the Motor Carrier Act. The Department of Labor (DOL) Wage and Hour Division (WHD) has released the final rules to update the Fair Labor Standards Act (FLSA). Nothing in the FLSA or state regulations governing the white-collar exemptions requires employers to pay overtime-eligible employees on an hourly basis. For more than 70 years, the Supreme Court has construed exemptions to the Fair Labor Standards Act (“FLSA”) narrowly. Overtime pay for nonexempt employees is computed under the Fair Labor Standards Act (FLSA), subject to some special rules for Federal employees. Non-exempt employees may be paid on a salary basis—however they must pay the overtime premium for hours worked over 40 in a work week. The FLSA provides for several specific categories of overtime exemptions. Section 213(b) of the Fair Labor Standards Act (FLSA) provides for several exemptions from its overtime requirements. The new law expands coverage of the minimum wage and overtime regulations to most industries, increases the minimum salary required for the most common exemptions, places greater limitations on exemptions from the overtime requirements, … U.S. Code. Overview of the Fair Labor Standards Act The Fair Labor Standards Act of 1938, as amended (29 U.S.C. The new FLSA/federal overtime rule: Increases the minimum salary level for exempt executive, administrative, and professional employees — also called “white-collar employees” — from $23,600/year (or $455/week) to $35,568/year (or $684/week) Raises the annual pay threshold for highly-compensated employees from $100,000/year to $107,432/year. Title: Fair Labor Standards Act (FLSA) Overtime Exemptions Purpose: To establish guidelines and procedures to determine, identify and report employees that are entitled to overtime exemption under the FLSA. CFR ; prev | next. SUMMARY: The Department of Labor is updating and revising the regulations issued under the Fair Labor Standards Act implementing the exemptions from minimum wage and overtime pay requirements for executive, administrative, professional, outside sales, and … The Office of Human Resources Classification and Compensation Team hosted an informational session to discuss the logistics and administrative changes associated with the new regulations. To qualify as exempt from overtime under this exemption, an employee must: Earn more than $684 per week, or $35,568 annually Federal Wage and Hour Law administered by the U.S. Department of Labor Establishes minimum wage, overtime pay, record keeping, equal pay and youth employment standards Employees are either “exempt” or “nonexempt” from the FLSA regulations Requires employers to pay OT for all hours worked over 40 in a work Numerous exemptions exist which remove certain types of employees from specified requirements of the FLSA. You must be paid the higher of the two in order to be exempt. Employees otherwise subject to the FLSA's protections can still be considered "exempt," and ineligible for overtime protection, if both of the following criteria are met:. While most employees must be classified as non-exempt, federal and state law include exemptions from the minimum wage and overtime requirements for certain employees, including bona fide professional, administrative, and executive employees. These are sometimes called "white collar" exemptions. The Fair Labor Standards Act is administered by The FLSA includes a variety of exemptions from minimum wage and overtime … § 213(b)(10), and they are further interpreted at 29 C.F.R. 2. The law covers minimum wage, overtime pay, hours worked, record keeping, and youth employment standards for employees both in the private sector and in federal, state, and local governments. classified as FLSA-exempt. The Fair Labor Standards Act (FLSA) states that employees employed as "bona fide executive, administrative, professional and outside sales employees" and "certain computer employees" may be considered exempt from both minimum wage and overtime pay. FLSA Overtime Exemptions – The Salary Basis March 10, 2017 deductions , exemptions , overtime , salary , white collar Fair Labor Standards Act , Overtime , Unpaid Wages Charles Stiegler As discussed in the previous post, the white collar overtime exemptions to the Fair Labor Standards Act (FLSA) include both a salary basis test and a duties test. Therefore, we recommend you review a list of common exemptions before using the FLSA Overtime Calculator Advisor. The FLSA provides exemptions to the overtime FLSA Exemptions do not apply to police, firefighters, paramedics and first responders. Watch this video to find out. Drivers and certain other employees for “motor carriers” are generally exempt from this requirement under what is known as the Motor Carrier Act. With the Department of Labor’s release of a new FLSA overtime rule, those thresholds are set to change on January 1, 2020. In a recent BLR webinar, "Exempt or Nonexempt? Minimum Wage & Overtime Exemptions. It generally requires them to pay employees a minimum wage and overtime … The FLSA overtime rule determines whether employees are eligible or exempt for overtime pay. On 12/1/16 a new FLSA rule by the Department of Labor will require you to either pay an exempt (salaried) employee an hourly rate along with overtime pay or increase their pay to meet the new threshold limits of $47,476. Overtime compensation is covered by a federal statute, the Fair Labor Standards Act, which requires employers to pay non-exempt employees for all hours worked over 40 hours in a week at a rate of one and a half times that employees regular rate of pay. Near the end of the Great Depression, in 1938, President Franklin D. Roosevelt signed the Fair Labor Standards Act (FLSA) into law to provide workers with employment protections. Exempt from overtime provisions: All Orders, except Orders 11, 12, 15, and 16: Drivers whose hours are regulated by Title 13 of the California Code of Regulations, subchapter 6.5, section 1200 et seq. Our Ohio Overtime Lawyers walk you through the different types of exempt employees under the FLSA and Ohio Wage Laws and what your employer must prove to claim these exemptions. Overtime law is complex and filled with conditions and exemptions that may affect your coverage for required OT pay. positions, may have partial exemptions from the overtime provisions of FLSA. While most employees are non-exempt, the FLSA includes exemptions for certain administrative, professional, executive, highly compensated, outside sales, and The Fair Labor Standards Act (FLSA) is a federal law created to establish a minimum wage, regulate the number of hours worked each week, determine how overtime is … The legal tests to determine exemption are more complex than simply looking at job titles. How to Calculate Overtime Rate It has issued 10 decisions this century interpreting the administrative exemption. 2014 Minimum Wage in Florida and FLSA. Fair Labor Standards Act. More Employees Eligible for Overtime Under the new rule, the minimum salary threshold will rose to $684 per week, or $35,568 per year. The new Colorado Overtime and Minimum Pay Standards (COMPS) Order went into effect on March 16, 2020. The Fair Labor Standards Act (FLSA) automatically qualifies certain types of workers who meet overtime pay requirements to receive overtime for all hours worked over 40 in a single week (or daily overtime limits set by Arizona overtime laws). While the white collar overtime exemptions (administrative, executive and professional) set forth in the FLSA are used by all public agencies, there is also a partial exemption in Section 207(k) which is essential for public agencies with police and fire departments for employees engaged in fire protection or law enforcement activities. Ever since a federal judge in Texas declared the 2016 updates to the FLSA overtime rule invalid, employers have continued to use the thresholds established in 2004. What is the Fair Labor Standards Act? 5 Start Preamble Start Printed Page 51230 AGENCY: Wage and Hour Division, Department of Labor. Chamberlain, Kaufman and Jones is a law firm with a nationwide reputation in helping employees receive the wages they are due for all hours worked, specializing in overtime law specifically collection of unpaid overtime pay due under the Federal Fair Labor Standards Act (FLSA). Overtime Exemptions in the Fair Labor Standards Act for White-Collar Employees: Frequently Asked Questions The Fair Labor Standards Act (FLSA), enacted in 1938, is the main federal law that establishes general wage and hour standards … Fact Sheet #17G: Salary Basis Requirement and the Part 541 Exemptions Under the Fair Labor Standards Act (FLSA) This fact sheet provides information on the salary basis requirement for the exemption from minimum wage and overtime pay provided by Section 13(a)(1) of the FLSA as defined by Regulations, 29 C.F.R. Exemptions are narrowly construed against the employer asserting them. But, for FLSA purposes, paying employees on a salary basis is more complicated than just that. On March 13, President Obama released a statement regarding updating and modernizing the overtime regulations under the Fair Labor Standards Act (FLSA). Employees who are not covered by the FLSA’s overtime and minimum wage requirements are considered “exempt.” In a general sense, most exempt employees fall under the law’s “white collar exemptions,” which define workers who aren’t entitled to overtime. How is overtime pay calculated under the FLSA? Subpart A - General Regulations (§§ 541.0 - 541.4) Subpart B - Executive Employees (§§ 541.100 - 541.106) excess of 48 hours in a seven-day period. How is overtime pay calculated under the FLSA? The Fair Labor Standards Act (FLSA) automatically qualifies certain types of workers who meet overtime pay requirements to receive overtime for all hours worked over 40 in a single week (or daily overtime limits set by Ohio overtime laws). Exemptions. The FLSA standards require that “non- The FLSA, Overtime, and Camps: Finding a Path to Compliance. Marrero & Wydler litigate overtime disputes for both companies and individuals. For further information about such exemptions, including the “on a salary basis requirement,” employers should consult an attorney. Yesterday, the United States Supreme Court issued its long-awaited decision in the Encino Motorcars, LLC v.Navarro case, that many hoped would resolve the issue as to whether Service Advisors at auto dealerships are exempt from the overtime provisions of the Fair Labor Standards Act (FLSA). prev | next. Employees are entitled to liquidated damages of double their overtime damages if Employers willfully fail to pay overtime. The new federal regulations that went into effect August 24 change the criteria that determine whether many workers can be exempted from overtime. Section 7(i) of the FLSA, 29 U.S.C. Tipped Employees and FLSA. FLSA Minimum Salary Threshold Test • Effective January 1, 2020, the US Department of Labor changed the new minimum salary for which an employee can be designated as exempt from overtime requirements from $455 per week or $23,660 per year to $684 per week or $35,568 per year. If an employee is not specifically exempted from the overtime provisions of the FLSA, the employer must pay overtime, regardless of whether the employee is paid on a salary, piece rate, commission, fee, or daily rate basis. The FLSA The FLSA says professional employees who earn a salary of more than $23,660 a year are typically exempt from overtime pay. Overtime pay for nonexempt employees is computed under the Fair Labor Standards Act (FLSA), subject to some special rules for Federal employees. U.S. Department of Labor Overtime Exemptions Under Fair Labor Standards Act (FLSA) and New Rule The “Overtime” Final Rule, released on May 18, 2016, will take effect December 1, 2016. A guide to Minnesota's overtime laws STATE LAW The Minnesota Fair Labor Standards Act requires all employers, regardless of gross annual revenue, to pay overtime for all hours worked in. No article of general legal interest can cover every situation, but general information is available at the following website. ), establishes minimum wage, overtime, record keeping and other requirements. The FLSA is a federal law that covers most employers in the United States. The FLSA exemptions require that the exempt employee perform specific duties for the employer to consider them legally exempt from overtime. However, the FLSA has several “exemptions” which make workers ineligible for overtime pay. Labor Laws in Colorado. An employee who is exempt from the overtime pay requirements is not entitled to receive FLSA overtime pay. FLSA Overtime Exemptions. FLSA elaws - Exemptions Obama Proposes Changes to FLSA Overtime Exemptions. 29 U.S. Code § 213. (“(a) The Industrial Welfare Commission may establish exemptions from the requirement that an overtime rate of compensation be paid pursuant to Sections 510 and 511 for executive, administrative, and professional employees, if the employee is primarily engaged in the duties that meet the test of the exemption, customarily and … Minimum Wage & Overtime Exemptions. Most employers must pay the majority of their employees minimum wage and overtime pursuant to the Fair Labor Standards Act (FLSA).However, there are some categories of employees that qualify for Fair Labor Standards Act exemptions. (a) Minimum wage and maximum hour requirementsThe provisions of sections 206 (except subsection (d) in the case of paragraph (1) of this subsection) and 207 of this title shall not apply with respect to—. If you are a non-exempt employee and are denied time-and-a-half for hours worked over 40 per week, your employer may be in violation of the law. The FLSA provides for these exemptions at 29 U.S.C. The FLSA requires covered employers to pay “nonexempt” employees at least the minimum wage for each hour worked as well as overtime pay for all hours worked in excess of 40 in a workweek. II. January 1, 2018. Some employees are exempt from overtime pay provisions, but the FLSA narrowly defines these exemptions. The FLSA requires most employers to pay overtime wages to hourly employees. But, for FLSA purposes, paying employees on a salary basis is more complicated than just that. DOL Releases Updated FLSA Overtime Rule. The salary must be no less than $684/week ($35,568 per year), which represents a change from the previous level of $455/week. The FLSA exemptions are intended to protect most employees against employers who want to avoid paying overtime. Fact Sheet #20: Employees paid commissions by retail establishments who are exempt under section 7(i) from overtime under the FLSA, US Dept. Determining Employee Classification and Overtime Compensation. The following is the table for the minimum salary required by California's executive, administrative, and professional exemptions as well as the federal requirements (Fair Labor Standards Act or FLSA). On 12/1/16 a new FLSA rule by the Department of Labor will require you to either pay an exempt (salaried) employee an hourly rate along with overtime pay or increase their pay to meet the new threshold limits of $47,476. Exempt employees must be paid on a salary basis of at least $455 per week. January 1, 2019. < Back to FLSA. The changes to the FLSA require that any employees who are paid less than $23,660 per year be paid overtime for all hours worked over 40 per week and any employees who are paid more than $100,000 per year are exempt from overtime requirements. Four of those opinions find the employee to be non-exempt or potentially non-exempt, and 3 of the 4 (75%) contain language about narrowly construing exemptions and/or broadly construing the FLSA’s overtime … Exempt from overtime provisions: All Orders My job is not specifically excluded from FLSA coverage. Under the FLSA laws, any non-exempt employee who works over 40 hours per week is entitled to time and a half pay for overtime hours. A guide to Minnesota's overtime laws STATE LAW The Minnesota Fair Labor Standards Act requires all employers, regardless of gross annual revenue, to pay overtime for all hours worked in. We would like to show you a description here but the site won’t allow us. Exemption 1: As of 04/04/2021, there have been a total of 1,745 Exemption 1 requests approved, 1,062 denied, and 0 pending. Overtime Exemptions in the Fair Labor Standards Act Congressional Research Service Summary The Fair Labor Standards Act (FLSA) is the primary federal statute providing labor standards for most, but not all, private and public sector employees. The Fair Labor Standards Act (FLSA), the federal law establishing overtime requirements and exemptions, creates a minimum level of worker protection and allows states to set higher standards. Under the Fair Labor Standards Act (“FLSA”), most employees must be paid at least minimum wage for all hours worked. 29 CFR Part 541 - DEFINING AND DELIMITING THE EXEMPTIONS FOR EXECUTIVE, ADMINISTRATIVE, PROFESSIONAL, COMPUTER AND OUTSIDE SALES EMPLOYEES . 201 et seq. Some exemptions include white collar workers employed in executive, administrative, professional, and outside sales positions who are paid on a salary basis. There are certain jobs that that are not required by the FLSA to receive time-and-a-half for overtime worked. Most employers must pay the majority of their employees overtime pursuant to the Fair Labor Standards Act (FLSA). excess of 48 hours in a seven-day period. This change was the largest amendment to the Fair Labor Standards Act in more than twenty years.The FLSA covers the entire U.S., but most states also have their own regulations and laws dictating overtime exemptions.. This is because the most common exemptions to overtime under the Fair Labor Standards Act (FLSA) require that the employee be paid on a "salary basis" of at least a certain minimum amount. Call our office at (305) 446-5528. $10.50/hr. Employees making over the $23,660 annual threshold are eligible for overtime unless they fall under a specific industry exemption (teachers, doctors, lawyers) or the “white collar exemption.” In-Home Supportive Services Program: Report to the Legislature on the Impact of the FLSA Overtime Rule; IHSS Provider Overtime Exemption and Violation Statistics. The first provision is consistent with the federal Fair Labor and Standards Act (FLSA) in that employees must be paid 1.5 their regular pay rate for any time spent working over 40 hours in one workweek. The FLSA requires most employers to pay overtime wages to hourly employees. Part 541. Also, note that the U.S. Department of Labor provides an interactive FLSA Overtime Calculator Advisor that will walk you through the various stages and possible exemptions involved in determining you or your employees' overtime rate and wages. Notes. These so-called “EAP” exemptions require employees to perform certain qualifying duties and be paid at least a certain, minimum salary. Four of those opinions find the employee to be non-exempt or potentially non-exempt, and 3 of the 4 (75%) contain language about narrowly construing exemptions and/or broadly construing the FLSA’s overtime … Overtime Exemption and Violation Data: The FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative or professional (EAP) employees. And, the argument goes, a "day rate" cannot be a "salary." Labor Code 515 LC — Exemptions [from wage/hour laws]. It generally requires them to pay employees a minimum wage and overtime for … Navarro’s 3 directive that the minimum wage and overtime exemptions be given a “fair (rather than narrow) interpretation.” 4 In Encino, the Supreme Court rejected the principle that FLSA exemptions are to be construed narrowly, which had long guided the interpretation of the exemptions, allowing for a broader application of the exemptions. The Fair Labor Standards Act (FLSA) and Nebraska labor law requires all employers in Nebraska to visibly display an approved Nebraska minimum wage poster, and other Nebraska and federal labor law posters, to ensure that all employees are aware of federal and Nebraska labor law and overtime regulations.Failure to display a Nebraska labor law poster in the workplace can result in severe fines.
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