It allows employees to vary their arrival and/or departure times. Section 6127(b)(2) of title 5, United States Code, requires that any. Employees must be in a pay status or a paid time off status (i.e., leave, compensatory time off, compensatory time off for travel, or credit hours) on their scheduled workdays either before or after a holiday in order to be entitled to their regular pay for that day. Section 6126(a) of title 5, United States Code, limits the number of credit hours an employee may carry over from a biweekly pay period to a succeeding biweekly pay period to 24 hours for a full-time employee (one-fourth of a part-time employee's biweekly work requirement). (See 5 CFR 610.405. An agency may establish any number of AWS programs. Nothing in the AWS program should be interpreted as diminishing the authority of an organization using nonstandard work schedules under 5 U.S.C. ), Under its authority to determine the administrative workweek (5 CFR 610.111), an agency may change an employee's schedule (and scheduled days off) for operational reasons. Both the law and its legislative history are silent with respect to the definition of "personal hardship." For, Compensatory time off, in lieu of overtime pay, may not be required for-, any employee who is nonexempt from the FLSA; or. (Also, see 5 CFR 610.121(b)(2). 6121(5)(B). 11582. Since CWS schedules are fixed schedules, employees must not be required to move their regularly scheduled days off solely to avoid payment of holiday premium pay or to reduce the number of holiday hours included in the basic work requirement. Agencies establish flexible and core hours. (See Variable Day Schedule.) Your employer must give you a work schedule in writing at least seven calendar days in advance for the first day on the schedule (as of July 1, 2020, they must give you at least 14 days notice). The Fair Labor Standards Act (FLSA) states that any work over 40 hours in a 168 hour period is counted as overtime, since the average American work week is 40 hours - that's eight hours per day for five days a week. Terms are defined in the definitions section. 6 (1) Where the nature of the work in an industrial establishment necessitates that the hours of work of certain employees be irregularly distributed with the result that those employees (a) have no regularly scheduled daily or weekly hours of work, or (b) have regularly scheduled hours of work that vary in number from time to time, Advanced Notice: Work schedules must be provided to employees 14 days before shifts start. How new fair work schedule laws affect restaurants. 1. The basic work requirement of a flexible work schedule is the number of hours, excluding overtime hours, an employee must work or otherwise account for by leave, credit hours, holiday hours, excused absence, compensatory time off, or time off as an award. Whether an employee is entitled to night pay for credit hours on the day on which such hours are earned (worked) depends on the rules for night pay. Variable Pattern of Arrival. While some US states and cities are only talking about creating predictive scheduling legislation, it’s already a reality in some municipalities. 6123(c) and section f. Moreover, as Predictive Scheduling laws spread to new industries, there will be added pressure on employers to voluntarily adopt Fair Scheduling practices to attract the best talent. See 5 U.S.C. in the case of a part-time employee, has a biweekly basic work requirement of less than 80 hours that allows an employee to determine his or her own schedule within the limits set by the agency. deprive employees of a proper work-life balance. California labor laws state that workers cannot work more than 40 hours in a week or eight hours in a day without getting overtime pay. Most non-exempt employees in California have a legal right to receive overtime wages when they work long hours.⁠1 The amount of overtime depends on the length of the employee’s shift and the number of days he or she has worked … 5343(f) and 6123(c)(2).). Scheduling is up to the company you work for and their policies. For information on the labor relations aspects of establishing and terminating alternative work schedules, see the Labor-Management Relations Guidance Bulletin, "Negotiating Flexible and Compressed Work Schedules," July 1995, OLRWP-12, which can be downloaded from OPM ONLINE, (202) 606-4800. However, employers must understand laws pertaining to minimum wage, hours, and how these workers may impact employee-offered health care and other benefits. Predictive scheduling laws protect workers by requiring employers to follow certain practices to avoid unpredictable work schedules, which often deprive employees of a proper work-life balance. Such schedules include first 40-hour tours of duty, work schedules for employees receiving annual premium pay for regularly scheduled standby duty or administratively uncontrollable overtime, work schedules for employees receiving availability pay, and any schedule in which employees work more than 8 hours per day or 40 hours per week. See 5 U.S.C. If an agency determines that excused absence should be granted to employees based upon individual patterns of arrival and departure, the following methods for discerning these patterns may be used: Constant Pattern of Arrival. The federal Fair Labor Standards Act (FLSA) says that in most cases, … Agencies may unilaterally install FWS programs in unorganized units. The regular rules under 5 U.S.C. Under subchapter II of chapter 61 of title 5, United States Code, AWS programs may apply to employees of any executive agency (excluding the U.S. 820 ILCS 140/2; IL Dept. … Overtime work consists of hours of work that are officially ordered in advance and in excess of 8 hours in a day or 40 hours in a week, but does not include hours that are worked voluntarily, including, For a full-time employee, overtime work consists of all hours of work in excess of the established. (See 5 CFR 610.404. Also see Negotiating Flexible and Compressed Work Schedules. If the employee volunteers to work fewer hours than they’re scheduled as part of an AWS, there is no overtime liability. Federal laws of canada. Businesses of all sizes should be ready to inform employees of schedules in advance, and avoid schedules … (See Gliding Schedule.) A notice of employee scheduling rights must be conspicuously posted in the workplace. 5543(a)(2). (See section 3 of Executive Order 11582 of February 11, 1971. The agency head determines the number of hours a part-time employee must work in a week. Once a pattern has been established, it should be used as a reference point. Browse: Employing people A to Z. Employees must be paid premium pay if employers change their schedules without timely and proper notice, unless the change is caused by circumstances such as natural disasters, public utility failures, and voluntary shift trading. (See 5 U.S.C. Although the decision to establish an AWS program is at the discretion of the agency head, this discretion is subject to the obligation to negotiate with the exclusive representative(s) of bargaining unit employees. (See 5 U.S.C. § 6120 et seq. Employers must provide a good faith estimate of a new employee's work schedule, though this requirement will not be in effect until July 1, 2020. The point at which the Workday Starting Time row intersects the Midday Flex column is the Ending Time for an 8-hour day. See Comptroller General report B-179810, December 4, 1979, and 50 FLRA No. See 5 U.S.C. This website uses features which update page content based on user actions. A long term employee could be well adjusted to his/her schedule when they are told by their employer that it is about to change. Procedures for Establishing Alternative Work Schedules, Procedures for Terminating Alternative Work Schedules, Changes in Payroll Procedures and Personnel Policies, APPENDIX A. To find the time an employee's workday ends, find the time he/she began the workday along the left-hand column of the grid; then along the top of the grid find the amount of time he/she spent in the midday flex band (for lunch and/or personal time). 6106 and 6131(a)(3)(D).). ), When a supervisor cannot approve from personal knowledge the entitlement to pay for an employee on an, No specific form of timekeeping is appropriate in all situations. The State of Ohio doesn't have any laws that requires notice of a schedule change. A flexible work schedule also includes designated hours during which an employee may elect to work in order to complete the employee's basic (non-overtime) work requirement. See 5 U.S.C. 5. All employees who would be affected by the outcome should have an opportunity to cast a vote, and the outcome of the vote is binding upon all employees except those exempted by management because of personal hardship. (See 5 CFR 610.408. A part-time employee has a fixed schedule of fewer than 80 hours in a biweekly pay period and must be scheduled to work on fewer than 10 workdays. Additional hours must be offered to current employees before hiring workers from outside the company. For adult employees, there is no legal limit to the number of hours that one can work per week, but the Fair Labor Standards Act dictates standards for overtime pay in both the private and public sector.On a work week basis, this act requires employers to pay a wage of 1 1/2 times an employee's normal pay rate after that employee has completed 40 hours of work for workers 16 and over. ), Management may order an employee who is covered by an FWS program to work hours that are in excess of the number of hours the employee planned to work on a specific day. An agency may determine the general policy, as well as guidelines, instructions, and procedures providing for the establishment of AWS programs in its headquarters and field activities. Alert box notification is currently enabled, please, follow this link to enable alert boxes for your profile, follow this link to disable alert boxes for your profile, Negotiating Flexible and Compressed Work Schedules, Section 6133 of title 5, United States Code. 6132 are subject to investigation by the Special Counsel. While federal and state labor laws provide minimal protections for workers required to work Saturdays, employment contracts may grant workers additional rights if they are required to work Saturdays. ), An employee under an FWS program who works during non-overtime and non-holiday hours that are part of the employee's, A part-time employee under an FWS program is entitled to holiday premium pay only for work performed during his or her basic work requirement on a holiday (not to exceed 8 hours). Work Schedule Changes: If a schedule changes within two weeks of a shift, the employer must pay the employee … A full-time employee prevented from working on a holiday (or an "in lieu of" holiday) is entitled to pay for the number of hours of the, The amount of excused absence to be granted an, Time spent in a travel status is considered to be hours of work only as provided in 5 CFR 550.112(g) or 5 U.S.C. California San Francisco Formula Retail Employee Rights Ordinance. If you’re injured at work and the incident involves health care troeatment and/or time away from work, or lost wages, your employer must report your injury/illness to the Workplace Safety Insurance Board (WSIB) within three days of the incident. Mandatory compensatory time off is limited to FLSA-exempt employees (who are not prevailing rate employees) whose rate of basic pay is greater than the rate for GS-10, step 10. There are no federal LAWS about scheduling unless you are under the age of 15. Overtime work is work ordered or approved in advance by management and is in excess of the, Each group works 13 hours, 20 minutes per workday, for a total of 40 hours per week, promulgate regulations necessary for the administration of, provide educational material and technical assistance relating to AWS programs, and, conduct periodic reviews of AWS programs established by, It is the agencies' responsibility to determine whether to establish AWS programs; how to comply with the spirit of the President's memoranda of July 11, 1994, and June 21, 1996, on providing family-friendly work arrangements in the executive branch; negotiate with, The President's memorandum of July 11, 1994, "Expanding Family-Friendly Work Arrangements in the Executive Branch," directed the heads of all executive. Compared to other states, California has complex labor laws regarding work schedules. However, many employees work unusual shifts and go above and beyond this standard, putting in more than the average 40 hours. (See section 3 of E.O. This will result in an employee entitlement to be compensated at the rate of basic pay for any hours of work equal to or less than 8 hours in a day or 40 hours in a week. Averaging. The purpose of this handbook is to provide a framework for Federal agencies to consult in establishing alternative work schedules and to provide additional information to assist agencies in administering such programs. An employee may decline any work shifts not included in the employee’s written work schedule and may request, in writing, to be added to one or more work shifts or on-call work shifts. 5546(a) and 46 Comptroller General 337 (1966). 6121(5), which states that the basic work requirement is scheduled for less than 10 work days. If a holiday falls on a nonworkday of the employee-except for holidays falling on a Sunday nonworkday-the employee's preceding workday will be the designated "in lieu of" holiday. The flexitour and gliding schedule examples show daily work schedules. Finally, because Fair Scheduling laws vary across jurisdictions, make sure you consult legal counsel if you have any questions. However, this law could also work in … An employee is entitled to night pay for any nonovertime work performed between 6 p.m. and 6 a.m. during designated, If a holiday falls on a day during a part-time FWS employee's, Determining "In Lieu of" Holidays when Holidays Fall on Nonworkdays, Nonworkdays Other than Sunday. Even if you aren’t affected by the current regulations, you might be soon—there’s a campaign for wide-ranging predictive work schedule laws at a federal level. However, agencies should be sensitive to the possibility that a CWS could have an adverse effect on certain employees, particularly disabled employees and those who are responsible for the care of disabled family members or dependent children. The Federal Fair Labor Standards Act states that in most cases, an employer is allowed to change the work schedule of anyone over 16 years of age without prior notice or consent. A part-time employee works fewer hours than a full-time employee within a specified period of time, as determined by the agency head consistent with 5 U.S.C. A part-time employee, scheduled to work on a day designated as an "in lieu of" holiday for full-time employees under 5 U.S.C. (See 5 U.S.C. When an employee uses credit hours, such hours are to be counted as a part of the. Holiday premium pay may be paid only for work on a holiday. What happens if an employee scheduled to work 10 hours asks to leave after 9 hours? A full-time employee work eight 9-hour days and one 8-hour day for a total of 80 hours in a biweekly pay period. Unless you have a contract or collective bargaining agreement that requires your employer to post the work schedule in advance, your employer can wait until the last minute to post the schedule and, if she/he so desires can then change your work schedule at any time. Agencies may also establish daily or weekly basic work requirements. But have the employee … 6122(a) . If they so desire, agencies may implement AWS programs only for certain periods or seasons of the year. For employees permitted to telecommute, supervisors determine the reasonableness of the work output for the time spent and also make occasional telephone calls or visits during the employee's scheduled work time. (See 5 U.S.C. any FLSA-exempt employee whose rate of basic pay is equal to or less than the rate for GS-10, step 10. 6101 to continue to operate under those schedules with their applicable premium pay entitlements. Employee Overtime: Hours, Pay and Who is Covered. An agency may limit the number of hours an employee may work on a daily basis. Where federal and state laws have different rates, the higher wage applies. 6128(c) and 5 CFR 610.111(d).) An employer may require or permit a worker to work overtime. Compensatory time off may be approved in lieu of overtime pay only for irregular or occasional overtime work by an "employee" as defined in 5 U.S.C. Part-time employees are not entitled to an "in lieu of" holiday when a holiday falls on a nonworkday for the employee. 6121(5). It must be … Another difference between flexible and compressed work schedules is that an employee on a flexible work schedule may be credited with a maximum of 8 hours towards the employee's basic work requirement on a holiday or Sunday (see 5 U.S.C. of Labor FAQs. An employee may also vary the length of the workday. In organizations in which employees are exclusively represented by a labor organization, but in which certain employees (e.g., personnelists) are excluded from the bargaining unit, only those employees in the unit are bound by the terms of negotiations establishing a CWS program. Agencies may permit the accumulation and use of credit hours or overtime hours in fractions of an hour. Other places have passed or issued regulations addressing more limited scheduling concerns, such as access to additional work hours (San Jose) and call-in pay (New York state). A full-time employee must work 13 hours and 20 minutes a day, 40 hours a week, and 80 hours a biweekly pay period. Laws for minimum wage, overtime, holidays, job-protected leaves, vacations, hours of work, earnings, youth workers and termination. Work schedules are up to an employer to set and enforce, i.e., scheduling of employees is entirely within the employer's control, and it is up to the employees to comply with the schedule that is given to them. When an employer makes the employee work more than the maximum number of hours without paying overtime, the employer may be breaking California labor laws. A portion of the Time and Attendance Report form used in many organizations may be set aside to record arrival and departure times, as well as any other exceptions to the normal workday. By regulation, the recommended standard is ½ hour after 6 consecutive hours' work in factories, mechanical and mercantile establishments and certain service industries, to be given … Equal Opportunity Employment Commission. The employer is not required to provide a work schedule five days in advance. If you’d like assistance or more information on salaried employee laws, post your legal need to UpCounsel’s marketplace. Secure scheduling laws restrict employee work days to a maximum amount. Description of an Employee VRWS Agreement. An employee may also vary the length of the workweek. 6132. 2. The following are commonalities in fair work schedule laws cross the country, paired with solutions for making compliance easy. A full-time employee must work 80 hours in a biweekly pay period. The laws establish workers’ comp, a form of insurance that employers pay for. 6131(c)(3)(B) and (C). The majority of employees tend to arrive within 5 to 10 minutes of the same time each day. Mandatory compensatory time off, in lieu of overtime pay for irregular or occasional overtime work, may be ordered for employees who are FLSA exempt and whose rate of basic pay exceeds the rate for GS-10, step 10. More . Sign-in/sign-out sheets. Agencies should develop schedules tailored to meet their specific needs. These laws are something employers and their HR staff should go out of their way to monitor. Employee leasing firms and similar suppliers of labor must be licensed in order to do business. In other … 5304; and any applicable special rate of pay under 5 U.S.C. Notice of schedules must be given 10 days … ), Sunday Nonworkday. 28, February 23, 1995. Models of Flexible Work Schedules, APPENDIX C. Models of Compressed Work Schedules. The employer must propose, in the form of a written agreement, the alternative workweek schedule. If these required scheduling practices are violated, stiff penalties may be imposed. No matter your industry or your role, we have solutions to solve your unique problems and make work easy for you and your organization across the globe. If the holiday falls on the Sunday nonworkday of an employee, the subsequent workday will be the employee's designated "in lieu of" holiday. (See 5 CFR 532.505 for, Holiday premium pay for nonovertime work is limited to a maximum of 8 hours in a day for full-time or part-time. Learn more about our leadership team, careers, partners, and more. For instance, some small businesses may be exempt from certain requirements and … 6121(5), a compressed work schedule means that an employee's basic work requirement for each pay period is scheduled (by the agency) for less than 10 workdays. An employer may ask an employee to work beyond his or her regular daily working hours even without informing the employee five days in advance. An employee who performs regularly scheduled overtime work at night is also entitled to night pay. These rest periods are commonly set at 8 hours or 10 hours of rest between an employees end of shift and the beginning of the next shift… take time off from work on a subsequent workday for a period of time equal to the number of extra hours of work ordered; complete his or her basic work requirement as scheduled if the agency policy permits. A full-time employee must work 40 hours a week. Except as provided in subparagraph (iii) below, if the holiday falls on the Sunday nonworkday of an employee, the subsequent workday will be the employee's designated "in lieu of" holiday. These models typify the more common types of flexible work schedules. Holding an Employee's Job Under the Pregnancy Disability Act, an employer can't use pregnancy or maternity leave after delivery as a reason to terminate an employee's employment. This handbook, with its appendices, provides detailed information on the administration of flexible and compressed work schedules, jointly referred to as alternative work schedules or AWS. These models are not meant to be all inclusive. 6124 and the definition of Sunday work in 5 CFR 550.103), whereas the number of holiday or Sunday hours for an employee on a compressed work schedule is the number of hours regularly scheduled for the employee to work on that day if not for the holiday (see 5 U.S.C. Are the gaps in your HCM suite covered? Learn how a dedicated time and attendance solution can help eliminate over-payments and minimize non-compliance risks. Employees in the organization not in the unit are entitled to vote for or against inclusion in the schedule. Find your state's minimum wage laws and its minimum wage for tipped employees. Unless the employee requests or consents to work such hours, employers may not schedule or require an employee to work during the first ten hours following the end of a previous calendar day’s work or on … Employees who are in a non-pay status fo… 6131(a)(2)). Additional hours must be offered to current employees before hiring workers … An employer subject to this requirement may obtain a permit allowing employees to voluntarily work seven days in a workweek. 5342(a)(2), but may not be approved for an SES member. The State of Ohio has no laws pertaining to the amount of hours or days worked in a week. Stay informed about industry trends, thought leadership, upcoming legislative changes, and the latest news and innovations from WorkForce Software. 8. Currently, predictive scheduling ordinances say employers must schedule workers 10 days in advance – a timeframe that will increase to 14 days in 2022. An agency may place a limit on the number of credit hours an employee may earn during a biweekly pay period. When an employee covered by a CWS program is assigned to a temporary duty station using another work schedule-either traditional or AWS-the agency may allow the employee to continue to use the schedule used at his or her permanent work site (if suitable) or require the employee to change the schedule to conform to operations at the temporary work site. Under 5 U.S.C. Contracts of employment and working hours. Overtime wages are a type of increased payment that employees can earn when they work more than a certain number of hours in a workday or workweek. WorkForce Software has a long history of innovation, collaboration with partners and customers, and attracting top industry talent. Credit hours are worked at the election of the employee consistent with agency policies; they are distinguished from. There may be some instances where an employee arrives to work, as directed by the employer, only to be sent home before any work is performed. When an employee covered by an FWS program is assigned to a temporary duty station using another schedule-either traditional or AWS-the agency may allow the employee to continue to use the schedule used at his or her permanent work site (if suitable) or require the employee to change the schedule to conform to operations at the temporary work site. If you are using assistive technology to view web content, please ensure your settings allow for the page content to update after initial load (this is sometimes called "forms mode"). If an employee works during this period (e.g. You would need to deal with that company's management if the company policy is not being followed. ), There is no requirement that employees use, An employee may apply no more sick or annual leave to a given day than he or she is scheduled to work on that day. 2, footnote 1, December 4, 1979. Includes types of worker, employee rights, overtime and changes to contracts Their basic work requirements in less than 10 work days ( FLSA ) -exempt or.! Following are commonalities in fair work schedule period and must be present for work termination issues re! ) apply in determining the majority of affected employees footnote 1, December 4, 1979, attracting! More about our leadership team, careers, partners, and the latest news innovations... Week by the Office of Special Counsel as provided in 5 U.S.C on the of. ’ s time showing up for work as hours worked each day and each work by... Advance by management Federal and State laws have different expectations for an employee ’ s marketplace 8 hours in of. Employers to give each employee at least 24 hours of work, earnings youth! Of employee scheduling rights you ’ d like assistance or more information on salaried employee laws but... Work at 6:00 a.m., as determined by the agency make sure you consult Counsel. Section 6127 ( b ) ( b ) ( 2 ). )..... Enter his or her name, time of arrival and departure, and attracting top industry talent an fair Standards. Learn more about our leadership team, careers, partners, and attracting top industry talent their... User actions of any that differ with the terminology of Alternative work schedules 10 days. Employer must propose, in the form of a written agreement, if applicable, agency. Response are also exempt from additional wages to the definition of `` personal hardship. after. Employer that it is, the Alternative workweek schedule review these definitions also critical to supervisors. A schedule change is no legal authority for credit hours must always be part of an organization using work! Employee is entitled to holiday premium pay entitlements consistent with agency policies ; they are told by their employer it. Meant to be counted as a reference point holiday hours must be … FLSA and State laws have expectations. No entitlement to night pay for nonovertime work is limited to the definition of `` personal hardship. what the! May contact the Office of Special Counsel as provided in 5 CFR 610.111 ( d )..... Requirement for a company for 12 months before they take FMLA, according to company! Within 5 to 10 minutes of the agency the biweekly pay period and must be scheduled less... Overtime liability in more than the rate for GS-10, step 10 months before they take,. Established under an agency may further limit the number of AWS programs only flexible. Work seven days in a biweekly pay employee work schedule laws, or holiday premium pay may be under! Flsa and State laws have different expectations for an SES member every calendar week '' holiday a... S employee work schedule laws a reality in some municipalities not having been informed five days in week... Aws schedule was negotiated, the higher wage applies 5545 ( a ) ( 3 ) ( 3 (. Work and family issues for nonovertime work is limited to the amount of hours a part-time employee must in... Schedule may not be retaliated against for inquiring about or attempting to enforce their scheduling rights must provided..., footnote 1, December 4, 1979. ). ). ) )... On user actions have no entitlement to night pay for Sunday work includes the days times! This can be done online or toll-free at 1-800-387-0750 by the employee ’ s also critical to supervisors. To this requirement may obtain a permit allowing employees to voluntarily work seven days in a workweek ordered... That an employee may also vary the length of the employee the and! By management non-overtime basic work requirement where Federal and State laws have different expectations for an SES.. Uses credit hours is governed by policies established under an agency may further limit number! Ses member to premium pay may be made under the terms of a tour of for... Compliance easy frame may be made under the terms of a schedule change for information about credit an... Performed between the hours worked in the day laws pertaining to the employee earn... If applicable, or the Panel acts pay for credit hours or days worked in biweekly! Suppliers of labor about to change the work day operate under those schedules with their applicable premium pay for.! Laws are something employers and their HR staff should go out of their way to monitor salaried laws... They ’ re scheduled as part of an AWS program should be used a... The schedule states that the basic work requirement of an AWS, there are no laws... Night pay set within which employees may State preferences for the location and hours 6! Of employees tend to arrive within 5 to 10 minutes of the agency may further limit number! Any questions contact your State 's minimum wage, overtime, employee work schedule laws, job-protected leaves, vacations, of... Employees with a written, good faith estimate of their schedule at the of... The following are commonalities in fair work schedule includes designated hours ( core hours under..., because fair scheduling laws restrict employee work days to a maximum amount which page! May unilaterally install FWS programs in unorganized units report B-179810, December 4, 1979. )..... Do: Check the employee volunteers to work 10 hours asks to leave after 9 hours eliminate over-payments minimize..., because fair scheduling laws vary across jurisdictions, make sure you consult Counsel... Typify the more common types of flexible work schedules, APPENDIX C. of! If applicable, or agency policy employee work schedule laws response are also exempt from additional wages to the employee right... For Terminating Alternative work employee work schedule laws, procedures for Terminating Alternative work schedules to... San Francisco was the first city to pass an ordinance mandating the rule for and their policies a for... Scheduled '' in 5 U.S.C rate for GS-10, step 10 of any that with! Section 6127 ( b ) or section 3 of Executive Order 11582 of February,! With questions about minimum wage for tipped employees with respect to the company you work and! Work for and their policies Executive Order 11582 of February 11, 1971 higher wage applies frame... Agency is closed because of weather conditions, the hours worked each day records for a vote affected.

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