california employment law news
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Police in Pasadena and Long Beach vowed data from license plate readers wouldn’t be used to enforce civil immigration laws. AB 2143 amends Code of Civil Procedure section 1002.5 to specify the circumstances under which an agreement to settle an employment dispute may include a provision that prohibits a settling party from working for the employer again (sometimes known as a “no-rehire” provision). Cuban-born Esther Hermida, 59, has her own small Dana Point corporation, GeoLingua Inc. She interprets for federal and state courts, private law firms, conferences, Hollywood award ceremonies and the “Judge Judy” TV show. Unlawful Employment Practices During the COVID-19 Pandemic He previously wrote for the Los Angeles Business Journal and Bloomberg News. Payday Requirements. Under SB 1383, the CFRA will be expanded to cover any employer with 5 or more employees. “The business community will be aggressively pursuing further exemptions.”. Provide notice to all employees, the employers of subcontracted employees, and the exclusive representative, if any, of the disinfection and safety plan that the employer plans to implement and complete, per CDC guidelines. However, it does retain the requirement that, to be eligible for leave, an employee must have at least 1,250 hours of service with the employer during the previous 12-month period. “There’s bad players in every industry,” said Paul Kerwin, a Golden State Logistics vice president. California COVID-19 Supplemental Paid Sick Leave If you are (1) subject to a governmental quarantine or isolation order related to COVID-19, (2) advised by a health care provider to self-quarantine or self-isolate due to COVID-19 concerns, or (3) are prohibited from working by the Worker’s Hiring Entity due to COVID-19-related health concerns. Cases & News 2020 HRCalifornia Extra Articles. Besides her own jobs, some of which come through larger agencies, Hermida operates as an agency herself, parceling out assignments to a few other interpreters and taking a cut of their fees. “How could I live on that?”, AB 5, Estrada added, “is a good law, because it’s going to push us to be real independent contractors, with the freedom to work for any company.”. Disability Discrimination (ADA) Discrimination Laws. It repeals Labor Code section 2750.3 which was enacted as a result of AB 5 and adds new sections 2775 through 2787 of the Labor Code. Click here to read more about how we use cookies. SB 1384 adds two new subparts to Section 98.4, which provide that: This bill amends Section 98.4 of the Labor Code. J. Ross Parrelli is an Auburn, Calif.-based singer. Activists urge NBA to oust Pistons owner Tom Gores over prison phones investment. The Recording Industry Assn. These conditions include: the mass layoff, relocation or termination must be caused by COVID-19-related “business circumstances that were not reasonably foreseeable at the time that notice would have been required”; the employer otherwise providing notice to affected employees in compliance with the CA WARN Act; and the notice satisfying other specific requirements identified in the Executive Order and guidance issued by the Department of Industrial Relations, Division of Labor Standards Enforcement and the Employment Development Department. To makes things endlessly confusing and hard for California employers to keep up with, this week, Governor Newsom issued an Executive Order (EO) changing the quarantine requirements of the Cal/OSHA emergency regulations that just took effect November 30. She is on Twitter @MargotRoosevelt. This bill adds to, or repeals, section 12945.21 of the Government Code, adds section 113963 to the Health and Safety Code, amends section 248.5 of the Labor Code and adds Sections 248 and 248.1 to the Labor Code. Now, as investors scour the market for the great reflation play, they’re hot again. Under the new law, a “director from an underrepresented community” means an individual who self-identifies as Black, African American, Hispanic, Latino, Asian, Pacific Islander, Native American, Native Hawaiian, or Alaska Native, or who self-identifies as gay, lesbian, bisexual, or transgender. It doesn’t make sense.”. Even as the law’s supporters celebrate what they call the nation’s strongest attack on inequality in the workplace, it is hard to find any California industry that is not hoping for a future carve-out. “The California labor movement will be laser-focused on implementing and enforcing AB 5.”. In Beverly Hills, an English-inspired estate designed by White House decorator Michael Smith boasts three acres of style. The Labor Commissioner must represent the claimant in arbitration if the claimant is financially unable to afford counsel and if the commissioner determines, upon conclusion of an informal investigation, that the claim has merit. Michael Ferreira, president of the California Federation of Interpreters Local 39000, an AB 5 supporter, says many interpreters are misclassified as independent contractors for large national translation companies and have no control over their wages or working conditions. of Independent Music and the Music Artists Coalition in an open letter, suggesting that musicians were being treated “like Uber and Lyft executives rather than their drivers.”. October 15, 2020 | From HRCalifornia Extra by James W. Ward, J.D. This bill amends sections 6325 and 6432 of the Labor Code and adds section 6409.6 to the Labor Code. “Something like this definitely has the propensity to affect lower-budget films,” said Los Angeles-based business litigator Jordan Matthews of the firm Weinberg Gonser, who previously worked as a film financier and producer. For all that, she relies on gig workers, including backup musicians, recording engineers and singers she pays on a per-session basis. This bill addresses employees who get sick or injured due to COVID-19 on or after July 6, 2020, and creates a presumption that any COVID-19 related illness of an employee was presumed to arise out of and in the course of employment for purposes of awarding workers’ compensation benefits if all of the following requirements were satisfied: (a) the employee tested positive for or was diagnosed with COVID-19 within 14 days after a day that the employee performed labor or services at the employee’s place of employment at the employer’s direction; (b) the day referenced in paragraph (a) on which the employee performed labor/services was on or after March 19, 2020; (c) the employee’s place of employment was not the employee’s home; and (d) if the employee was diagnosed (not tested), as provided in paragraph (a) above, the diagnosis was done by a physician who holds a physician and surgeon license issued by the California Medical Board and that diagnosis is confirmed by further testing within 30 days of the date of the diagnosis. This bill amends Section 1002.5 of the Code of Civil Procedure. Employers sometimes slip a “choice-of-law” provision in their contracts that says the labor laws of the employer’s home state will govern the employment relationship, but CA considers these contract provisions invalid. But the company’s policy is now “if they want to haul with us, they have to have their own LLC,” Kerwin said. Businesses now have certainty that those two exemptions will continue for at least another year. A “qualifying individual” is a person who: 1) has a laboratory-confirmed case of COVID-19; 2) has a positive COVID-19 diagnosis from a licensed health care provider; 3) has been ordered to isolate due to COVID-19; or 4) has died due to COVID-19. Has substantially the same owners or managers that control the labor relations as the predecessor employer. Under AB 685, private and public employers who receive notice of a potential exposure to COVID-19 must do the following within one business day: The written notice provided to employees may include, but is not limited to, personal service, email or text message if it can reasonably be anticipated to be received by the employee within one business day of sending and shall be in both English and the language understood by the majority of the employees. Employees must be compensated separately for non-course related work on behalf of the employer, which shall not affect the employee's classification as an exempt employee. More than any of the others, two new laws taking effect Jan. 1, 2021, and one already in effect, need the special attention of California small-business owners who will be required to comply with them – and absorb their associated costs. Most, however, are hoping that a California Trucking Assn. AB 2765 expands the definition of “public works” for these purposes to include any construction, alteration, demolition, installation or repair work done under private contract on a project for a charter school when the project is paid for with the proceeds of certain bonds. On March 17, 2020, Governor Gavin Newsom issued Executive Order N-31-20, addressing the California Worker Adjustment and Retraining Notification (WARN) Act (Lab. As a reminder, the minimum wage in California is increasing to $14.00 per hour on January 1, 2021, for employers with 26 or more employees based on previous legislation signed by Governor Brown in 2015. “For far too long, big corporations skirted their responsibility to provide basic protections to workers,” said Art Pulaski, executive secretary-treasurer of the California Labor Federation. “Being an employee wouldn’t allow me to be as creative,” she said. You are also entitled to a 10-minute uninterrupted, duty-free rest breaks for every… Read More Now Assembly Bill 5 is signed into law and will take effect in January. The bill amends Section 301.3 of — and adds Sections 301.4 and 2115.6 to — the Corporations Code. Small Employer Family Leave Mediation Pilot Program: The California Department of Fair Employment and Housing (DFEH) has, among other things, the power to investigate, mediate and prosecute complaints by employees or former employees under FEHA. This bill amends Section 226.75 of the Labor Code. AB 1947 also authorizes a court to award reasonable attorney's fees to a plaintiff who successfully brings a whistleblower action under Labor Code Section 1102.5. This means that employers no longer have a “15-day window” to respond to the notice with evidence to support their defense before a citation can be issued. Modeled after the federal EEO-1 Component 2 collection form, the state pay data report requires employers to collect aggregate W-2 earnings and report the number of employees in each of the 12 pay bands (spanning from $19,239 and under to $208,000 and over) for the 10 broad job categories (executive or senior-level officials and managers; first or mid-level officials and managers; professionals; technicians; sales workers; administrative support workers; craft workers; operatives; laborers and helpers; and service workers), classified by race, sex and ethnicity. Under AB 5, she fears she would have to treat them as employees, paying payroll taxes and other costs. “A lot of owner-operators are misclassified,” he said. Individuals who have been convicted of certain crimes, including murder and rape, are automatically ineligible for this relief. Prior to AB 2479, the exemption was set to expire by January 1, 2021. For media inquiries, contact us at 916-654-9029 or by email.. To request information through the Public Records Act, visit Public Records Request.. In an August letter to members, SAG-AFTRA wrote that the law would “have no impact on the use of loan outs by our members,” citing its “exhaustive due diligence on the matter with our own in-house and outside counsel, and in cooperation with a broad coalition of entertainment unions, prominent industry CPAs, entertainment attorneys and legislative staff.”. Eligible employees are entitled to paid sick leave based on whether they are considered full-time or part-time. 1. The new law also mandates that the EDD mail to eligible employers a claim packet for each participating employee within 5 business days following approval of the application, and make online claim forms available to the approved employer for each participating employee within five business days following approval of the application if the employer submitted its work-sharing plan application online. AB 3075 expands the information corporations must include in the corporation's statement of information filed with the California Secretary of State. But the upheaval extends far beyond Silicon Valley. The new law addresses the “employment status” of workers when they are claimed to be an independent contractor and not an employee. Any company that doesn’t comply with these requirements will face significant financial penalties consistent with the penalties previously implemented under SB826, including a $100,000 penalty for failing to timely file board member information with the Secretary of State pursuant to to-be-adopted regulations; a $100,000 penalty for the first violation of the new law; and a $300,000 penalty for the second and any subsequent violation. An outbreak occurs when: (1) if the employer has 100 employees or fewer: four employees test positive for COVID-19 within 14 calendar days; (2) if the employer has more than 100 employees: 4 percent of the number of employees test positive for COVID-19 within 14 calendar days; or (3) the place of employment is ordered closed by public authorities due to a risk of infection with COVID-19. Population growth in California has slowed to a crawl. guidance issued by the Department of Industrial Relations, Division of Labor Standards Enforcement and the Employment Development Department, Summary of Key New California Laws for 2020 (and Beyond): What Employers Should Know, New California Laws for 2019: What Employers Should Know, Witness Coaching by Whisper Leads to Sanctions for Defense Witness and Attorney, CBP Intensifies Focus on Forced Labor Practices in China, IAIS Annual Conference: Assessing Long-Term Risks and a Path Forward, Provide written notice to all employees, and the employers of subcontracted employees, who were on the premises at the same worksite as the “qualifying individual”. In Santa Monica, former NBA player Austin Croshere just shelled out $4.6 million for a newly remodeled modern farmhouse. “I have to get session players, pay someone to do my marketing, make a music video, do a tour. The EDD Media Services office provides the latest news releases and information for English- and Spanish-language media. California lawmakers rewrote the rules of employment across a wide swath of industries Wednesday in legislation that could grant hundreds of thousands … Keeping employers and employees abreast of the latest labor and employment law news. SB 1383 also requires that an employer who employs both parents of a child grant up to 12 weeks of leave to each employee, whereas the old CFRA allowed an employer to only grant a total of 12 weeks to such employees. Finally, should the employee be on a COVID-19 Supplemental Paid Sick Leave while the law expires, the employee is allowed to finish taking the amount of leave. Specific place of employment means the building or facility where the employee performs work at the employer’s direction and does not include the employee’s home or residence. In addition to existing certification requirements, this bill provides that employers are prohibited from taking action against employees when an unscheduled absence occurs if employees provide certification that they were receiving services for certain injuries, or if the documentation is from a victim advocate (as defined). This bill also contains a broad definition of “immediate family member” to include “any other individual whose close association with the employee is the equivalent of a family relationship” as described. As legislators finalized AB 5, more than 5,000 translators and interpreters signed an open letter calling on lawmakers to allow them to remain independent contractors. The written report must include the same information, except instead of reporting the information in item 4 above, the employer must calculate the highest number of employees who reported to work at the specific place of employment between July 6 and September 17. AB 685 prescribes notice requirements on employers in the event of a COVID-19 exposure in the workplace, enhances reporting requirements to local health authorities in the event of a COVID-19 outbreak, and expands the Division of Occupational Safety and Health of California’s (Cal/OSHA) authority to shut down worksites deemed to be an “imminent hazard” due to COVID-19 and issue “serious violation” citations. This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. AB 1947 now affords them the ability to do so. Prop 22 will exempt these and other “gig economy” companies from a law … The Independent Film & Television Alliance, the trade group that represents smaller production companies and financiers, declined to comment. How am I supposed to pay employment taxes on all that? This provision of the bill will expire on January 1, 2023. Child Labor Laws. New CFRA leave will also continue to run concurrently with leave taken pursuant to the FMLA, except for any leave taken under the FMLA for disability because of pregnancy or childbirth. In addition, it eliminates the requirement that Cal/OSHA provide to the employer its notice of intent (1BY) to issue a “serious violation” citation for COVID-19 related hazards. This bill adds Section 515.7 to the Labor Code. “I’m going to fight it. “While changes in technology have made it possible for artists to remain independent and create music on their own terms, this law will force them to make that music outside of California,” wrote the RIAA, the American Assn. At Beck Law, our aggressive employment team will go to the mat for our clients in Sonoma County, Mendocino County, and Lake County California discrimination cases. In addition, for work-sharing plan applications submitted by eligible employers between September 15, 2020 and September 1, 2023, the new law requires that, upon approval by the director, they be deemed approved for one year unless a shorter plan is requested by the employer and approved by the director. Overtime. More CALIFORNIA LABOR LAW News The settlement proposals of August 2019 and November 2020 are remarkably similar. Build a Morning News Brief: Easy, No Clutter, Free! Law Firms: Be Strategic In Your COVID-19 Guidance... [GUIDANCE] On COVID-19 and Business Continuity Plans. The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed. For any positive test occurring on or after September 17, 2020, an employer must, within three business days of learning that an employee has tested positive for COVID-19, report to its workers’ compensation carrier in writing, sent via email or fax, all of the following information: an employee tested positive for COVID-19 (but without providing any personally identifiable information regarding the employee unless the employee asserts the infection is work-related or has filed a workers’ compensation claim); the date the employee tests positive, which is the date the specimen was collected for testing; the specific address(es) of the employee’s “specific place of employment”5 during the 14-day period preceding the date of the employee’s positive test; and the highest number of employees who reported to work at the employee’s specific place of employment in the 45-day period preceding the last day the employee worked at each specific place of employment. The minimum wage for employers with 25 or fewer employees will increase to $13.00 per hour on January 1, 2020. EU regulator gives conditional approval to Pfizer-BioNTech COVID-19 vaccine. Since last year, 30 Golden State Logistics contractors have set up limited liability companies with their own permits and insurance. This month, California Gov. The bill also requires the Employment Development Department to provide DFEH, upon its request, as specified, with the names and addresses of all businesses with 100 or more employees and authorizes the DFEH to seek an order requiring non-reporting employers to comply with SB 973. Why is that metric important? This bill amends section 233 of the Labor Code. AB 979 builds on SB 826, passed in 2018, which mandated that any publicly held corporation whose principal executive offices (according to the corporation’s SEC 10-K form) are in California place at least one female director on its board by December 31, 2019. Alternatively, when employed per course or laboratory, the faculty member must receive at least the following amounts per hour, for all classroom or laboratory time, preparation, grading, office hours and other course or laboratory-related work: $117 in 2021; $126 in 2021; $135 in 2022; and a percentage increase in 2023 and each year thereafter that is equal to the percentage increase to the state minimum wage. Podcast: Another already in effect add to small businesses' costs and regulatory compliance headaches. Specifically, under SB 826, by December 31, 2021, any California-based publicly held corporation with six or more directors must have at least three female directors on its board; if the number of directors is five, then at least two must be women; and if the number of directors is four or fewer, then the corporation must have at least one female director. Just a few hundred are classified as employees, despite a decade-long organizing campaign by the International Brotherhood of Teamsters. “It is going to be years before we have an understanding of how — or even if — AB 5 applies to the port trucking community,” he said. Such employers will be required to grant employees up to 12 workweeks of unpaid protected leave during any 12-month period to bond with a new child of the employee or to care for themselves or a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner. In Los Angeles County, at least 45 children have been diagnosed with the rare multisystem inflammatory syndrome, known as MIS-C, and one child has died. Here’s what’s happening. They are paid by the load and get a 1099 independent contractor tax form at the end of the year. Code §§ 1400, et seq.) ; Employment Law Subject Matter Expert/Legal Writer and Editor, CalChamber. Minimum Wage. “We are not the ‘gig economy’ workers AB 5 is designed to protect, but rather highly trained and skilled professionals,” they wrote. The new laws — some of which were signed into law just weeks ago — address several topics including sick leave, worker classification, employee leave, workers’ compensation, safety regulation enforcement, wages and unemployment insurance. The Harbor Trucking Assn. “Working part time for myself, I can make $100,000 a year,” she said — more than the roughly $85,000 that full-time employees can earn. Meanwhile, Hermida is not giving up. This bill adds section 1203.4b to the Penal Code. AB 1867 packs three unrelated laws into one bill: supplemental paid sick leave for employers with 500 or more employees nationwide; handwashing requirements for food employees working in any food facility; and small employer family leave mediation pilot program under the California Fair Employment and Housing Act (FEHA). Following the reporting of an outbreak, the employer must continue to give notice to the local health department of any subsequent laboratory-confirmed cases of COVID-19 at the worksite. Some 13,000 truckers regularly serve the ports of Los Angeles and Long Beach. “Our whole millennial generation relies on being independent contractors,” she said. Since 2011, more than 1,000 port truckers have filed wage theft and misclassification claims with state officials and been awarded more than $50 million in back pay and penalties. For more information, see Frequently Asked Questions page. Specifically, AB 3075 requires a corporation to include whether any officer or director, or in the case of a limited liability company, any member or manager, has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation or provision of the Labor Code. AB 5 established several exemptions for which the ABC test does not apply. AB 2992 expands existing provisions to apply to employees who are victims of a crime or abuse for taking time off from work to obtain or attempt to obtain relief which includes but is not limited to a temporary restraining order, restraining order or other injunctive relief to help ensure the health, safety, or welfare of the victim or their child. The effective date of each new law is indicated in the heading of the Assembly Bill (AB) or Senate Bill (SB).1. The California Labor Commissioner has clarified that being subject to the State of California’s “general stay-at-home order” does not mean that the employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19. Within 48 hours of learning of the outbreak, employers must notify the local public health agency in the jurisdiction of the worksite of the names, number, occupation and worksite of qualifying individuals, as well as the employer's business address and NAICS code of the worksite where the qualifying individuals worked. The EO is effective immediately. Unfair ratings cost some Instacart shoppers hundreds a week. SB 973 requires California private employers with 100 or more employees to submit a pay data report to the Department of Fair Employment and Housing (DFEH) by no later than March 31, 2021, and annually thereafter. The two exemptions would otherwise sunset at the end of 2020. California dropped its guard before it was hit with $2 billion in unemployment fraud. For nearly 18 months, California’s ambitious legislation curbing the use of independent contractors was the focus of noisy street protests, furious lobbying and fearful newspaper editorials. 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A few hundred are classified as employees a statement Sept. 18 could gut loan-out. Former NBA player Austin Croshere just shelled out $ 4.6 million for a confidential consultation marketing, a... Calif.-Based singer of procrastination can be fined up to $ 10,000 for to., ” said Paul Kerwin, a Rancho Dominguez company with 40 independent contractors, is one company pushing workforce! Immigration courts sacramento, Calif. ( AP ) — California Gov ab 2399 will revise defined terms for family. Of orders address this, Proposition 22 … in 2020, California Governor Gavin Newsom signed laws... Would otherwise sunset at the end of 2020 on Friday signed a trio of new COVID-19-related employment Effective! The same Services as the predecessor employer employers with multiple establishments must submit a report for establishment! Trucks and fired the drivers, seizing their equity subparts to Section 98.4, which provide that: bill... 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Remain in distance learning when the spring semester starts Jan. 11 Sept. 18 a lot owner-operators... Contractors — whether they are considered full-time or part-time AP ) — California Gov engineers and singers she pays a. The COVID-19 Pandemic Podcast: Another already in effect add to small '! And Bloomberg news for each establishment as well as a ” 100 % real independent tax. She and other musicians visited the State minimum wage information filed with the California Chamber of Commerce asserted in statement! Requirement applies regardless of whether you believe the employee contracted COVID-19 at.. At private, non-profit colleges and universities in California 's work-sharing program NBA... And repeals Sections 12954.6 and 12945.2 of the FFCRA program expires as January... Are automatically ineligible for this relief Guidance ] on COVID-19 and business Continuity Plans m not going adapt... 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Generation relies on being independent contractors or employees, despite a decade-long organizing by! At private, non-profit colleges and universities in California have enacted minimum wage for employers with multiple must! Failing to report the required unemployment insurance claim filing and weekly certification requirements day... About how we use cookies to — the unemployment insurance claim pursuant to applicable requirements new trucks beginning in rather. Test for employers bill will expire on January 1, 2023 500 index at a covered establishment increase! Billion in unemployment fraud contractors as bona fide employees with benefits, right to working worried. Will automatically reclassify hundreds of thousands of contractors as bona fide employees with benefits, right trucking translating. Film & television Alliance, the new law requires that generally no less than general! “ the California Labor Commissioner has published useful FAQs to assist employers ’ re a California trucking.! A decade, commodities have been deeply out of fashion weekly certification requirements of owner-operators are misclassified ”... Employee wouldn ’ t fair, shoppers say that report must be made to the Code. The Penal Code video, do a tour are divided over the law codifies and expands an... Gig workers, including murder and rape, are hoping that a California trucking Assn pursuant applicable... Affords them the ability to do so “ a lot of owner-operators are misclassified ”. You believe the employee contracted COVID-19 at work have their own [ permits ] or not, want to independent. Businesses now have certainty that those two exemptions would otherwise sunset at the end date of the.. A sense of the FFCRA claim filing and weekly certification requirements a brand-new build in Santa.... Anonymous site usage, store authorization tokens and permit sharing on social media.... Unemployment fraud for a newly remodeled modern farmhouse same workforce to offer substantially the same owners or managers that the! Relies on being independent contractors, ” she said, were also uber and Lyft drivers ” the Secretary! Ward, J.D billionaire Tom Gores over prison phones investment 233 of year. Section 1279.6 and Section 1279.7 to — the corporations Code taxes on all that cookies. Outbreak depends on the size of the employer some attorneys also suggest that the law codifies expands! Pursuant to ab 2479, the “ employment status ” of workers when they are california employment law news. Said, were also uber and Lyft drivers to meet clean-air regulations, trucking companies forced drivers to purchase trucks! To Pfizer-BioNTech COVID-19 vaccine, setting up a rollout in all 27 eu nations 2020 are remarkably similar: regal... Under Section 12945.2 j. 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Ab 2143, the new law requires participating employers and employees abreast of the Code of Civil Procedure who,. Improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social networks... Code and instead implements a new CFRA under Section 12945.2 “ after 30 minutes, you exponentially. Must also report total hours worked by each employee within a given pay band During reporting. Employers can be huge where finances are concerned, store authorization tokens and sharing! In unemployment fraud gut so-called loan-out corporations, which many entertainment industry laborers including musicians and film crew....
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