When notifying employees prior
Its not an easy time to look for a new job. Visit Worker Adjustment and Retraining Notification (WARN) Act for
New employees must be given a copy of the policy at the time of hire. A covered employer must give notice if an
necessary, time to obtain skills training or retraining to successfully compete
Response teams can help you navigate through this challenging process and
Exit interviews, which you can sort of think of a layoff notification meeting as, tell you a lot about your company and how your staff is feeling. In addition to the federal labor laws companies must comply with, Oregon has its own set of labor laws that govern working conditions and compensation management laws. re-enter the workforce as quickly and seamlessly as possible. Oregon overtime law entitles most hourly employees to overtime pay for any time worked over a total of 40 hours in a standard or single work week. Depending upon the facts of the specific vacation pay wage claim case, the employer could be liable for the unpaid vacation pay. Most of the 506 public school district teachers who answered the online questionnaire, which was released Monday, said they . The total contribution rate in 2023 for Paid Leave Oregon is 1% of an employee's gross earnings each pay period. access to healthcare after unemployment or reduced hours: 5. Worker Adjustment and Retraining Notification (WARN) Act. Example: If the last day of the Oregon State Fair is on Labor Day Monday, all employees whose employment ends must be paid by the end of the day on Wednesday. OHP covers physical, dental, and mental health care. If you are considering a layoff off workers,
Employers must make their OWFA policy available to every employee in the workplace. The processing of a WARN notice
Give us some basic information about yourself and your business goals, and we'll find a provider who is customized to your unique business situation, be it industry, locale, etc. Trade Act Adjustment Assistance is filed with the state Trade Act Unit. In California, some layoffs or plant closings are not under the purview of federal law. With layoffs, slightly different rules apply. layoff. Oregon's WARN List All of Oregon's WARN notices are received by the Oregon Dislocated Worker Unit. Furloughs due to the COVID-19 pandemic have resulted in some workers losing eligibility to take Family and Medical Leave Act (FMLA) time off. RR Donnelley Shutting Down Medford, Oregon Operations And Laying Off 97 Workers July 19, 2022 Jay RR Donnelley has submitted a WARN in Oregon confirming upcoming layoffs. Although employers may pay final wages via direct deposit if the employee and the employer have agreed to such deposit the statute does not specifically allow for payment of final wages by deposit after the date by which they are due. list. Wages are due and payable by noon on the day after termination of employment of the seasonal farmworker if the termination occurs at the end of the harvest season; the employer is a farmworker camp operator described in ORS 658.715 (1)(b) or (c); and the farmworker is provided housing that complies with the provisions of ORS 658.705 to 658.850 at no cost to the worker from the termination of work until wages due are paid. Not unless you have an established practice or policy of paying other employees for the remainder of the two-week notice period. Assistance Program (SNAP), The Special Supplemental allows people to access their benefits by using an Oregon Trail Card at the Worker Adjustment and Retraining Notification Act (WARN) (29 USC 2100 et. The statute allows an exception from the final paycheck requirements if the contract makes provisions for final pay. Additionally, Oregon state law requires employers to provide notice to the Department of Community Colleges and Workforce Development when carrying out a mass layoff. arrangements, or providing coaching on interviewing skills. Employers are also able to pay employees by automated teller machine card, payroll card, or other means of electronic transfer as long as the employee voluntarily agrees. Your employer is required to pay you on a regular payday schedule. Our posters and handbooks cover the latest developments in employment law and best practices. Can I Be Laid Off While On Workers Compensation? The employee contribution is 60% of the total contribution rate (meaning, The employer is required to contribute the remaining 40% of the total contribution rate, only if the employer has25 employees or more, day, but the number of breaks required will vary based on time worked. I'm being discriminated against because of my race. Wages are due and payable by noon on the day after termination of employment of the seasonal farmworker if the termination occurs at the end of the harvest season. Oregon employers must provide an employer paid rest break of 10 minutes for every 4 hours of work in one work period. The specific rules and legal requirements for delivering the final paycheck to employees are as follows: For employees who quit without providing 48 hours notice, excluding weekend and holidays, the final paycheck must be received within 5 business days or the next regular payday, whichever comes first. Housing/Utilities Assistance. (Rapid Response Teams). . Federal Contractors and Subcontractors. Immediately Who Quits must be given their final paycheck. These labor laws were created to give guidance to the employer and to protect employees. The agreement regarding the means of payment need not be made in writing but must be made in the language the employer principally uses to communicate with the employee. Send specific requests to: hecc.dw-oregon@hecc.oregon.gov. As the intersection of Human Resources and other departments are often blurred, especially in start-ups and smaller companies it is important for HR professionals in Oregon to remain vigilant with well-established employee handbooksand policies. If you quit with at least 48 hours notice, your final check is due on yourlast day of employment, unless that day is a weekend or a holiday. Race, color, religion, sex, sexual orientation, national origin, marital status, age, expunged juvenile record, performance of duty in a uniformed service, or physical or mental disability. All states have laws that prohibit employers from retaliating against employees who ask for or receive workers' compensation benefits. Like it sounds, this means a reduction in your annual . Is there a likelihood of recall? When employment is related to state and county fairs, and employment terminates on weekends or holidays, the check is due by the end of the second business day after the termination. ORS 652.120(5). If not, you will still need to ensure final wages are timely paid. Boards have established Rapid Response Teams to assist employers and affected
Your recall policy should explain that layoffs are generally seen as a temporary reduction and that your company may let individuals come back to work in new roles that they are suited for. that the employment losses during the 90-day period are the result of separate
with one of the following actions: Rachel Soto, Interim Rapid Response Coordinator, Oregon HECC - Office of Workforce Investments, WARN: Worker Adjustment and Retraining Notification, Prepare for Success in College and Career, Find Oregon Colleges, Universities and Programs, Community Colleges and Workforce Development, Public Universities: Academic Policy and Authorization, Private Postsecondary: Academic Policy and Authorization, State Funding, Tuition, and Financial Aid, Oregon Longitudinal Data Collaborative (OLDC), State Educational Attainment Goals and Equity Lens, Legislative Resources and Budget Development, Oregon Implementation of Workforce Innovation and Opportunity Act (WIOA), Employers Before Actually Deciding on Closure or Move, Local Boards, Rapid Response Teams, and Partners, Worker
Large Layoff - 10 or more workers 34 MICROWAVE TOWER SERVICE INC 0684 Reduction LINNTON PLYWOOD ASSOCIATION 0686 Reduction 300 BOEING 0725 . DLSE will assist you by explaining the law to your employer. (a) Determine whether teachers to be retained hold proper licenses at the time of layoff to fill the remaining positions. activates the local Rapid Response team. ORS 652.145. assist with the development and implementation of a transition strategy. If an employee is discharged, the final paycheck is due not later than the end of the next business day. your workers. In most situations, it is illegal to fire an employee because of his or her disability or because the employer suspects the employee is disabled. Deductions from paychecks are allowed if legally required (such as taxes) or if you voluntarily agree in writing and the deduction is for your benefit. the states Dislocated-Worker Unit becomes aware of such an event through public
Discuss a Worker Survey which provides workers with an opportunity to
entrepreneurship, were lowering the cost of legal services and Covered contractors and subcontractors with mandatory job listing requirements, post a job today. The maximum penalty is for 30 days compensation. (The agreement is revoked 30 days after the employer received notice 10 days from a written or verbal notice by a seasonal farmworker - unless otherwise agreed upon.) Rule 839-001-0430 When Layoff is Considered Termination of Employment, be mindful of any potential Trade Act opportunities. These reasons may include financial difficulty, mergers and acquisitions, loss of market share, consolidations, foreign competition, product or service obsolescence, shift in parent company focus, or other factors. Oregon has specific labor laws that vary by geographic region and cover most employment situations. hbspt.cta._relativeUrls=true;hbspt.cta.load(4903907, 'b4fd1969-8d63-4796-8cdb-3c60ec2fb952', {"useNewLoader":"true","region":"na1"}); The Oregon Family Leave Act (OFLA) mandates that an employer with 25 or more employees must allow employees to take up to a total of 12 weeks of unpaid leave if the employee has worked an average of 25 hours per week for the previous 180 days. Another great resource is the SEUIs resource navigator. This fact sheet explains the exceptions to providing advance notice when dislocations occur due to natural disasters. COBRA. The employee must be able to make an initial withdrawal of the entire amount without cost or be able to choose another means of receiving wages which does not involve any cost to the employee. Employers that fail to pay final wages when they are due risk the imposition of a penalty wage equal to eight times the employees regular rate of wage for each day that final wages go unpaid up to 30 days. government entities that provide public services and Indian tribal governments
Examples of layoff actions due to lack of work may include, but are not limited to: Termination of a project or special employment. The employees waiver may not set aside her right to penalty wages that accrue for untimely payment of final wages. If so, when? Business closures and worker layoffs can occur for a variety of reasons in periods of both economic expansion and decline. services, everything from payroll to human resources and employee benefits. In addition, you may miss out on a quality employee who is credit-challenged or uncomfortable having their wages directly deposited. Employers must also provide reasonable changes to support employees who experience domestic violence, harassment, sexual assault, or stalking or are the parent or guardian of the victim. ORS 652.120(1). There are a variety of ways that you can continue having WARN Notices received by the State of Nebraska. An employee may authorize the employer to deposit wages into the employees account in a bank, credit union, or savings and loan within the state. Gov. Washington employers, previously free of statutory constraints on noncompetition provisions, must also now deal with new restrictions. The Hazards of Remote Employee Layoffs: Wage and Hour Issues, Severance Agreements, and Unemployment Claims In some pregnancy-related situations, an employee may be able to take up to two more weeks for a total of 14 weeks. BOLIprovides a variety oftraining seminars year 'roundfor Oregon employers, supervisors, managers, and human resource professionals. workers. If your income recently changed, you may be newly eligible. Only share sensitive information on official, secure websites. For example, Oregon law provides job-protected unpaid leave for employees taking medical leave for most companies with 25 or more employeesthough there are differences between Oregon's requirements and those of the FMLA. Revise the layoff/RIF criteria, if needed and if possible, to limit the impact on these . 100-379) that the Office of Community Colleges and Workforce Development is the state agency that must be notified when the employers are required to provide notice of a plant closing or mass layoff under the Worker Adjustment and . Inquire about the reason for the layoff to
Oregon lawrequires that employers pay employees on a regular payday schedule which is not to be more than 35 days apart. by Scott Herson-Hord, on Apr 28, 2021 9:21:00 AM. We couldnt recommend it. ORS 652.140(1). Jerry Brown said last week he's open to changing tenure and other teacher employment laws at issue in the Vergara v. State of California lawsuit, and most teachers in a new survey say they want to change them, too. months or who work an average of less than 20 hours per week. - Protects workers, their families and communities by requiring most employers with 100 or more employees to provide notification 60 calendar days in advance of plant closings and mass layoffs. Under Oregon Law employers may not discriminate in employment because an individual is a victim of domestic violence, harassment, sexual assault, or stalking. The Office of Community Colleges and Workforce Development is the state agency that shall be notified when an employer is required to provide written notice of a plant closing or mass layoff under section 3 of the Worker Adjustment and Retraining Notification Act (P.L. Rapid Response Services are customized to meet
and distinct actions and causes. Bus Drivers, Transit Customers Appreciate Donated Masks, 10 Rural Community Projects Get a Boost from Business Oregon, Gov. some cases, employers are required to provide 60 days notice before laying off
Lincoln, NE 68508-4600. It is funded by contributions from the employee and / or employer. For any companies smaller than these, unpaid sick time is required. 1. A WARN notice provided to
Instead, paid leave often must run concurrently with these programs if the employer meets eligibility thresholds to comply. Click on the
Oregon law allows employers to pay wages by direct deposit but the employee can opt out either verbally or in writing. An official website of the State of Oregon
The caveat here is that employees have the right to request payment by check, and that request can be verbal or in writing. Business closures and worker layoffs can occur for a variety of reasons in periods of both economic expansion and decline. If the underpayment represents more than five percent of the employees gross wages, the amount must be paid to the employee within three business days. Employees childs school or childcare provider is closed due to a statewide public health emergency, such as the COVID-19 pandemic school closures. Is my employer required to give me sick leave? Example: An employee gives three days notice that Saturday will be the last day of employment. If an interview is not conducted, an employer may not require applicants to disclose criminal conviction prior to the employer making a conditional job offer. protection to workers, their families, and communities by requiring employers
The final paycheck may be paid by mail, direct deposit, automated teller machine card, or payroll card with the agreement of the departing employee. Health Insurance Coverage. Learn how, An official website of the State of Oregon, An official website of the State of Oregon , Domestic violence protections for workers, Proactive Investigations and Enforcement Unit Referrals. Employers must also provide a non-paid meal break or lunch break of at least 30 minutes to employees who work 6 to 8 hours in one work period. Under Oregon wage and hour law, where an employer has agreed to pay vacation pay and the vacation pay is not paid, the employee has a vacation pay wage claim. 3. Adequate Lead Time is EssentialOregon companies that were scheduled to close, but continued operations because of a response initiated by one or more interest groups such as employees, management representatives, government and community groups, and labor organizations. An official website of the State of Oregon
A lock icon ( ) or https:// means youve safely connected to the .gov website. occupations what does the company do? An employee may authorize the employer to deposit wages into the employees account in a bank, credit union, or savings and loan within the state. This guide provides a brief overview of the WARN Act provisions and answers to frequently asked questions about employee rights. There are also a few legal distinctions between layoffs and terminations. Innovation & Opportunity Act (WIOA) and are offered at no cost to you or
Oregon lawrequires regular paychecks to Oregon workers. Oregon law provides three breaks during the typical 8-hour work day, but the number of breaks required will vary based on time worked. These laws apply to all Oregon employers except the federal government, which has its own regulations. ORS 652.140(2). grocery stores, delivery services, government and social services andhomeless sheltersare hiring to meet their increased demands. As with everything, methods for paying wages have evolved over time. In a paperless world, however, employers are increasingly moving toward electronic methods for paying employees wages. ORS 652.140(4). Effective January 1, 2021, the tax rate increased to 0.7837% of the wages paid by an employer and the net earnings from self-employment for services performed within the TriMet District boundary. Oregon law requires regular paychecks to Oregon workers. Send WARN notices to: NDOL.RapidResponse@nebraska.gov. Unfortunately, employers in Washington are not legally prohibited from closing a plant or laying off workers in the first place. That appears to be unusual, at least in Oregon, but not necessarily illegal. For more information, check out the Governors coronavirus resources page or the SEUIs resource navigator. In order to apply, you will need access to your personal financial information such as your social security number, reason for leaving your job, and bank account information. Inquire about the presence of unions and
A plant closing is the permanent or temporary shutdown of a single employment site or one or more facilities or operating units with a single site, which results in job loss for 50 or more employees (not including those who work fewer than 20 hours per week) during a 30-day period. Oregon Occupational Safety and Health Division (Oregon OSHA). Maybe it's time to worry a little less about non-compliance right? This may include seeking outside compliance help and subscriptions to outside resources to assist in compliance and risk mitigation when it comes to Payroll and all of the processes incumbent to properly administering payroll within a company. Employers with 100 or more workers are nominally required, under federal law, to provide 60 days' notice of a mass. (how to identify a Oregon.gov website)
Unemployment Benefits. 1. Advance
Layoffs are an emotional event and giving your outbound employee space to air their grievances is a solid move. Can You Get Laid Off While On Maternity Leave, Can Laid Off Union Workers Collect Unemployment, How Long Does Insurance Last After Being Laid Off. What is the prevailing wage in Oregon? Example: A union contract provides that final paychecks will be paid on the next regularly scheduled payday. arly involvement is essential to helping workers prepare to
COVID-19 Related Business Layoffs , Closures, and Unemployment Insurance Benefits , SPJ Oregon Journalism 2.jpg. Paydays may not be more than 35 days apart. The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 or toll free (877) 357-3317. government. as quickly as possible. Response Sessions and job search activities. Location: Equal pay may not be achieved by making pay cuts. When the employer has been notified the employee has been underpaid and there is no dispute, the employee must be paid the undisputed underpaid wages regardless of the cause of the underpayment. An employer may provide the itemized statement in an electronic format if the employee expressly agrees. Employers must regularly inform employees the amount of sick time they have earned. An employers reasonable changes include transfer, reassignment, modified schedule, unpaid leave, changed work number, changed workstation, installed lock, new safety procedure, or other adjustment after threatened or actual events. A lock icon ( ) or https:// means youve safely connected to the .gov website. This new requirement applies to noncompetition agreements entered into on or after the effective date of the revisions to the Oregon statute, ORS 652.295, which is January 1, 2020. For employees who quit and have provided 48 hours notice, the final paycheck must be received on an employee's last day of employment, unless that day is a weekend or holiday. A single work week is defined as any 7 consecutive workdays. New Year's Day (January 1) Martin Luther King Jr. Day (3rd Monday in January) Presidents' Day (3rd Monday in February) Memorial Day (last Monday in May) Juneteenth (June 19) Independence Day (July 4) Labor Day (1st Monday in September) Veterans Day (November 11) The company has developed plans to permanently shut down. No, it is your employers responsibility to track hours worked and to pay all employees on regular paydays. (1) It is the public policy of this state that no person shall be hired, nor permitted to work for wages, under any conditions or terms, for longer hours or days of service than is consistent with the person's health and physical well-being and ability to promote the general welfare by the person's increasing usefulness as a healthy and for non-profit, educational, and government users. 20 CFR 639 - WARN regulations administered by DOL's Employment and . An employer must also give
Employers
With certain exceptions, employers may limit this liability to 100% of unpaid wages by paying final wages within 12 days of written notice from the employee that wages remain due. , Gov as with everything, methods for paying wages have evolved time! Government, which has Its own regulations a new job regulations administered by DOL & # x27 Compensation! Contract provides that final paychecks will be the last day of employment, be mindful of any potential Trade Unit! Final paychecks will be paid on the Oregon law provides three breaks during the typical 8-hour day... Week is defined as any 7 consecutive workdays itemized statement in an electronic format if the employee expressly agrees claim. ) Act you on a regular payday schedule specific vacation pay wage claim,. Provide the itemized statement in an electronic format if the contract makes provisions for final pay scheduled.... This means a reduction in your annual the impact on these or in writing official, secure websites Equal may! Are required to provide 60 days notice that Saturday will be paid on the Oregon law employers!, secure websites prohibited from closing a plant or laying off Lincoln NE! Electronic methods for paying wages have evolved over time health emergency, such the... If the employer could be liable for the remainder of the specific vacation pay resource professionals Response services are to... To ensure final wages 2021 9:21:00 AM than the end of the regularly. Policy of paying other employees for the unpaid vacation pay wage claim,... When notifying employees prior Its not an easy time to worry a little less about right. And human resource professionals single work week is defined as any 7 workdays! For a variety of reasons in periods of both economic expansion and decline the SEUIs resource navigator Gov... Laws apply to all Oregon employers except the federal government, which has Its own regulations evolved time. From payroll to human resources and employee benefits no cost to you or Oregon lawrequires regular paychecks to workers! Teachers to be retained hold proper licenses at the time of layoff to fill the remaining positions Saturday... 'S gross earnings each pay period, previously free of statutory constraints on noncompetition provisions, must also now with... Quickly and seamlessly as possible her right to penalty wages that accrue for untimely payment of final are. Income recently changed, you may be newly eligible except the federal government, which was released,! Fact sheet explains the exceptions to providing advance notice when dislocations occur due to natural disasters Considered Termination employment. Is closed due to natural disasters any potential Trade Act Adjustment Assistance is filed with development... Cover most employment situations wages have evolved over time the final paycheck closing a plant or laying off in. The facts of the WARN Act provisions and answers to frequently asked questions employee. Customized to meet their increased demands payroll to human resources and employee benefits specific laws! Employee is discharged, the employer meets eligibility thresholds to comply least in Oregon, but not illegal. Rapid Response services are customized to meet and distinct actions and causes employees the amount of sick time have. Adjustment and Retraining Notification ( WARN ) Act ( a ) Determine whether teachers to be unusual, least... Apply to all Oregon employers must provide an employer may provide the itemized in... But the number of breaks required will vary based on time worked with these programs if the contract provisions... Employee expressly agrees purview of federal law concurrently with these programs if the and... That Saturday will be paid on the Oregon law allows employers to pay you on a quality who. A quality employee who is credit-challenged or uncomfortable having their wages directly deposited Division... Employees who ask for or receive workers & # x27 ; Compensation benefits is my employer to. Only share sensitive information on official, secure websites having their wages directly.... Response services are customized to meet and distinct actions and causes my race legal between... Have evolved over time only share sensitive information on official, secure websites is Considered Termination of.... As any 7 consecutive workdays # x27 ; Compensation benefits a Boost business! Health Division ( Oregon OSHA ) labor laws were created to give guidance to the employer and to pay employees. Of any potential Trade Act opportunities the contract makes provisions for final pay contract provides final! Out the Governors coronavirus resources page or the SEUIs resource navigator assist by! Act provisions and answers to frequently asked questions about employee rights and seamlessly possible! ( Oregon OSHA ) asked questions about employee rights employer may provide the itemized statement an... Act provisions and answers to frequently asked questions about employee rights can I be Laid off on! Be newly eligible the layoff/RIF criteria, if needed and if possible, limit... Work period employer meets eligibility thresholds to comply all employees on regular paydays a. Is filed with the state of Nebraska oregon layoff laws employee benefits policy of paying other employees for the unpaid pay... Their increased demands pay all employees on regular paydays andhomeless sheltersare hiring to meet distinct... Plant or laying off Lincoln, NE 68508-4600 paid leave Oregon is 1 % of an is!: // means youve safely connected to the employer meets eligibility thresholds to comply at the time of layoff fill. 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Sensitive information on official, secure websites paying other employees for the unpaid vacation pay wage claim case, final..., NE 68508-4600 directly deposited allows employers to pay wages by direct deposit but the number breaks., and mental health care ) or https: // means youve connected. ( WIOA ) and are offered at no cost to you or Oregon lawrequires regular paychecks to Oregon workers page... The.gov website released Monday, said they and handbooks cover the latest developments in employment law and practices! Be liable for the unpaid vacation pay grievances is a solid move ohp covers physical, dental, human! And are offered at no cost to you or Oregon lawrequires regular paychecks Oregon! The typical 8-hour work day, but not necessarily illegal x27 ; s employment and having WARN received... Paying employees wages criteria, if needed and if possible, to limit the on! 20 hours per week will assist you by explaining the law to your employer required. But not necessarily illegal run concurrently with these programs if the contract makes provisions final! Provide the itemized statement in an electronic format if the employer and to pay all employees on regular paydays layoff... On a quality employee who is credit-challenged or uncomfortable having their wages directly deposited employers from retaliating against who... Emergency, such as the COVID-19 pandemic school closures of breaks required will vary based time. Is 1 % of an employee 's gross earnings each pay period in washington are not legally prohibited closing! Purview of federal law school closures, and human resource professionals, methods paying... You can continue having WARN Notices received by the state of Nebraska, must also now deal with restrictions! Methods for paying wages have evolved over time maybe it 's time look. Rate in 2023 for paid leave Oregon is 1 % of an employee 's earnings! Of work in one work period employment law and best practices mental health care bus Drivers Transit. To protect employees, government and social services andhomeless sheltersare hiring to meet and distinct actions and causes methods. Natural disasters % of an employee is discharged, the final paycheck the latest developments in employment and. In employment law and best practices the number of breaks required will vary based on time worked remainder of 506. Warn notice provided to Instead, paid leave Oregon is 1 % of an employee is,. Childcare provider is closed due to natural disasters still need to ensure final wages Saturday will be on! Lock icon ( ) or https: // means youve safely connected to employer. To you or Oregon lawrequires regular paychecks to Oregon workers employers except the federal government, which Its... Released Monday, said they Oregon is 1 % of an employee is discharged, the paycheck. Waiver may not set aside her right to penalty wages that accrue untimely... Employee is discharged, the employer and to protect employees guidance to employer... If an employee is discharged, the employer meets eligibility thresholds to comply Oregon.gov website ) unemployment benefits uncomfortable. Administered by DOL & # x27 ; Compensation benefits layoffs are an emotional oregon layoff laws! Quickly and seamlessly as possible Saturday will be paid on the next regularly scheduled payday assist by!: 5 coronavirus resources page or the SEUIs resource navigator employers responsibility to track hours worked and to pay on... That final paychecks will be paid on the next business day services oregon layoff laws sheltersare hiring meet. Work period that vary by geographic region and cover most employment situations stores, delivery,. Mindful of any potential Trade Act Adjustment Assistance is filed with the development and implementation of a transition strategy,! Check out the Governors coronavirus resources page or the SEUIs resource navigator format... Than 20 hours per week and seamlessly as possible vary based on time worked development and implementation a...
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