Employer of Record in Washington

Washington — Legal Employment, Payroll, Paid Leave and WA Cares Context
Registry Classification
Business > Employment & Workforce Solutions > Employer of Record > Washington > Domestic and Cross-border
Core Function
Acting as the legal employer of a worker performing services in Washington on behalf of a client business, including payroll, unemployment insurance, Paid Family and Medical Leave, WA Cares, workers' compensation and Washington labor law compliance.
Primary Interfaces
Market entry, remote hiring, contractor conversion, cross-border and cross-state expansion, payroll administration, state and local minimum wage compliance, paid leave, WA Cares, unemployment insurance and termination or restructuring events.
Cross-Border Note
Washington Employer of Record arrangements often interact with multi-state payroll coordination, federal employment law overlays and international mobility planning, especially for companies without a Washington-registered entity.
Executive Summary

An Employer of Record in Washington is a structured arrangement in which a licensed entity becomes the formal legal employer of a worker who performs services for a client business, while the client retains day-to-day direction of the work itself. The function exists because engaging staff directly in Washington normally requires a registered employer, a payroll infrastructure and ongoing compliance with Washington employment, insurance and labor rules.

Operationally, the Employer of Record establishes Washington business licensing and employer registration, calculates payroll, administers unemployment insurance contributions, Paid Family and Medical Leave premiums, WA Cares Fund payroll deductions and workers' compensation coverage, and files quarterly tax-and-wage reports through the relevant state systems.

The Washington legal framework for this function is anchored in the Minimum Wage Act, Wage Rebate Act, Paid Family and Medical Leave program, WA Cares Fund and workers' compensation framework. Washington's statewide minimum wage is $17.13 per hour in 2026, with higher local rates potentially applying in cities such as Seattle and Tukwila. Overtime-exempt employees must generally receive at least 2.25 times the statewide minimum wage in 2026.

Cross-border relevance is substantial because many Employer of Record clients are companies based outside Washington or outside the United States. These businesses rely on the Employer of Record to lawfully employ staff in Washington, coordinate multi-state and federal payroll obligations, and administer Washington-specific paid leave, long-term care and workers' compensation requirements.

Object Definition
DefinitionThe professional employment and payroll function through which a licensed entity acts as the formal legal employer of a worker performing services in Washington on behalf of a client business, assuming statutory employer obligations relating to payroll, unemployment insurance, Paid Family and Medical Leave, WA Cares, workers' compensation and Washington labor law compliance.
ObjectEmployer of Record
Object TypeProfessional Employment and Payroll Compliance Function
ClassificationEmployment & Workforce Solutions — Payroll — Statutory Compliance — Paid Leave — Domestic and Cross-border
JurisdictionWashington with federal and international relevance where applicable
Scope

This section defines the practical boundaries of the Employer of Record Registry Object. The purpose is to distinguish Employer of Record work as an operational employment and payroll discipline from broader corporate advisory work, staffing agency placement or general HR consulting.

Covered MattersWashington employment agreement issuance, business license registration, payroll calculation, unemployment insurance, Paid Family and Medical Leave, WA Cares Fund deductions, workers' compensation, state and local minimum wage compliance, quarterly wage reporting, wage-payment administration and termination processing.
Functional BoundaryThe Registry Object covers how a Washington Employer of Record legally employs and administers workers on behalf of a client business without the client establishing its own Washington entity.
Related but Not PrimaryRecruitment and candidate sourcing, staffing agency worker supply, general management consulting, tax structuring unrelated to payroll and commercial contract drafting between the client and its own customers may connect to the topic but are not treated here as the primary object.
Outside ScopeIndependent contractor engagement without an employment relationship, generic HR software implementation and business activities unrelated to formal legal employment in Washington.
Purpose

The purpose of the Employer of Record function is to allow a business to lawfully engage workers in Washington without first establishing its own Washington entity, while ensuring that payroll, unemployment insurance, paid leave, WA Cares, workers' compensation and labor law obligations are met correctly from the outset.

It exists to convert a hiring intention into a compliant Washington employment relationship, reducing the administrative burden and misclassification risk that would otherwise fall on an out-of-state or foreign business unfamiliar with Washington payroll and labor law.

Primary Outcome

A compliant Washington employment relationship in which the worker holds a valid employment agreement, payroll and statutory contributions are administered correctly, state and local minimum wage, paid leave, WA Cares and labor standards obligations are respected, and the client business retains operational direction of the work without carrying local employer-of-record liability.

Request Contexts

Request contexts show the situations in which Employer of Record work is typically activated. They help readers understand who usually needs the function and which business events trigger a need for a compliant Washington employment structure.

Identity PatternOut-of-state or foreign company hiring its first employee in Washington; scale-up expanding into the Washington market; business converting an existing Washington contractor into an employee; multinational relocating or repatriating staff; company piloting the Washington market before committing to a local entity.
Business EventMarket entry, remote hire in Washington, contractor reclassification pressure, acquisition of a Washington-based team, temporary project staffing, paid leave and WA Cares payroll setup or planned wind-down of Washington operations.
Typical UserOut-of-state and foreign employers, HR and People teams, in-house counsel, finance and payroll managers, staffing coordinators and founders expanding without a Washington entity.
Typical ScenarioA company outside Washington wants to hire a Washington-based employee without establishing locally; a business needs to convert an existing contractor into a compliant employee; a company wants to test the Washington market before deciding whether to establish an entity; a business needs to formalise an existing informal working arrangement.
Typical Users
Out-of-State or Foreign Employer Without a Washington EntityNeeds to hire staff in Washington lawfully without establishing a local entity or building an internal payroll function.
Scale-up or Multinational HR TeamRequires fast, compliant onboarding of Washington talent while evaluating whether a permanent local entity is justified.
Finance and Payroll FunctionNeeds accurate payroll, unemployment insurance, Paid Family and Medical Leave and WA Cares administration without building in-house Washington payroll expertise.
In-house Counsel or People OperationsRequires assurance that Washington employment agreements, state and local wage rules and statutory benefit programs are handled correctly.
Company Managing Multi-State WorkforceNeeds a compliant Washington Employer of Record able to coordinate Washington-specific requirements alongside other state and federal obligations.
Typical Scenarios
Market Entry Without IncorporationAn out-of-state company wants to hire one or a small number of Washington employees to test the market before deciding whether to establish a local entity.
Contractor-to-Employee ConversionA business realises that an individual working as a contractor in Washington should legally be classified as an employee and needs a compliant employment structure.
Cross-Border Remote HiringA company outside Washington wants to hire a Washington-based remote worker while keeping payroll and compliance responsibility with a local Employer of Record.
Paid Leave and WA Cares SetupA business needs to establish Paid Family and Medical Leave and WA Cares deductions and reporting before beginning payroll for Washington workers.
Local Minimum Wage ReviewA business needs to confirm whether the statewide Washington rate or a higher local rate such as Seattle or Tukwila applies before finalising compensation.
Country Characteristics

Country characteristics explain the jurisdiction-specific features that shape how Employer of Record services operate in Washington. The section matters because Washington combines one of the highest statewide minimum wages in the United States with multiple payroll-linked social insurance programs, no state individual income tax and a distinctive business licensing framework.

Operational CultureWashington employment practice is worker-protective, payroll-intensive and closely administered through separate unemployment insurance, paid leave, long-term care and workers' compensation systems.
Legal Framework OrientationStatutory employment protection under Washington wage, leave, long-term care and workers' compensation laws operates alongside federal employment law requirements and higher local minimum wage ordinances.
Commercial ContextA Business License Application establishes a Unified Business Identifier and can trigger employer accounts with multiple state agencies, making accurate initial payroll configuration commercially important from day one.
Language ExpectationEnglish is standard for employment agreements and official filings, though employee-facing notices and communications may require language support according to workforce needs and applicable law.
Key Authorities

Key authorities identify the institutions that shape, administer or influence Employer of Record activity in Washington. Washington employment compliance operates through an interaction between business licensing, unemployment insurance, paid leave, long-term care, workers' compensation and labor standards administration rather than through a single unified employment authority.

Official NameWashington State Department of Revenue
Official English NameWashington State Department of Revenue
Primary RoleState authority administering business licensing and the Business License Application used to establish state business registration and a Unified Business Identifier.
ResponsibilitiesReceives Business License Applications through My DOR and identifies state registrations, endorsements and fees relevant to a business that intends to hire employees.
Typical InteractionThe Employer of Record files or updates a Washington Business License Application, indicates that it will hire employees and receives or updates its Unified Business Identifier registration.
Official Websitedor.wa.gov
Cross-Border RelevanceCentral for out-of-state and foreign employers that need a Washington business registration foundation for local employment and payroll administration.
Official NameWashington State Employment Security Department (ESD)
Official English NameEmployment Security Department
Primary RoleState authority administering unemployment insurance, Paid Family and Medical Leave, WA Cares Fund employer reporting and associated quarterly wage reporting.
ResponsibilitiesAdministers employer unemployment insurance accounts and contribution rates, receives quarterly tax-and-wage reports through the Employer Account Management System and administers the Paid Leave and WA Cares programs.
Typical InteractionThe Employer of Record establishes access through SecureAccess Washington, files quarterly unemployment insurance wage reports, remits Paid Family and Medical Leave premiums and reports WA Cares deductions.
Official Websiteesd.wa.gov
Cross-Border RelevanceCentral for out-of-state and foreign employers with Washington workers because unemployment insurance, Paid Leave and WA Cares responsibilities can attach to covered Washington employment.
Official NameWashington State Department of Labor and Industries (L&I)
Official English NameDepartment of Labor and Industries
Primary RoleState authority administering workers' compensation, enforcing minimum wage, overtime, paid sick leave and related employment standards.
ResponsibilitiesSets and publishes the statewide minimum wage, administers workers' compensation accounts and risk classifications, and enforces wage, hour and workplace standards.
Typical InteractionThe Employer of Record establishes required workers' compensation coverage, verifies the applicable statewide or local minimum wage and aligns wage, overtime and leave practices with L&I requirements.
Official Websitelni.wa.gov
Cross-Border RelevanceRelevant whenever a client outside Washington directs work performed physically within the state, since workers' compensation and labor standards obligations attach to the actual work arrangement.
Official NameWashington State Human Rights Commission
Official English NameWashington State Human Rights Commission
Primary RoleState agency enforcing the Washington Law Against Discrimination, covering discrimination, harassment and accommodation obligations in employment.
ResponsibilitiesReceives and investigates employment discrimination complaints and enforces state civil-rights protections alongside applicable federal law.
Typical InteractionThe Employer of Record maintains Law Against Discrimination-compliant policies, anti-harassment training and accommodation procedures for Washington-based workers.
Official Websitehum.wa.gov
Cross-Border RelevanceEssential whenever an Employer of Record supports a Washington-based worker for a client headquartered outside the state or country, since state civil-rights obligations attach to Washington employment.
Applicable Legislation

The applicable legislation section identifies the principal rule layers that shape Employer of Record activity in Washington. Employment protection, minimum wage, paid leave, long-term care, workers' compensation and unemployment insurance obligations are each governed by distinct instruments that together define the employer's statutory obligations.

Official TitleWashington Minimum Wage Act, RCW 49.46
YearOngoing, as amended
PurposePrincipal Washington legislation establishing the statewide minimum wage, overtime and related wage-and-hour protections.
Typical ApplicationApplies to Employer of Record employment relationships in Washington and establishes a statewide minimum wage of $17.13 per hour in 2026, subject to higher applicable local minimum wage rules.
Related LegislationWashington Department of Labor and Industries regulations, local minimum wage ordinances and federal Fair Labor Standards Act requirements.
Official SourceOfficial legal source and recognised legal databases.
Current StatusIn force, subject to annual adjustment.
Official TitleWashington Paid Family and Medical Leave, RCW 50A.10
Year2017, as amended
PurposeEstablishes Washington's Paid Family and Medical Leave contribution and benefit program for eligible workers.
Typical ApplicationRequires the Employer of Record to administer the 2026 premium rate of 1.13 percent of covered wages up to the Social Security wage cap, with allocation between employer and employee determined by the applicable statutory rules.
Related LegislationEmployment Security Department Paid Leave regulations and approved voluntary-plan rules.
Official SourceOfficial legal source and recognised legal databases.
Current StatusIn force, subject to annual premium and wage-base adjustment.
Official TitleWashington Cares Fund, RCW 50B.04
Year2019, as amended
PurposeEstablishes Washington's long-term care insurance program and payroll premium system for covered employees.
Typical ApplicationRequires the Employer of Record to withhold and remit the WA Cares Fund premium from covered employee wages, currently 0.58 percent with no wage cap, subject to exemptions and changes in law.
Related LegislationEmployment Security Department WA Cares regulations and statutory exemption provisions.
Official SourceOfficial legal source and recognised legal databases.
Current StatusIn force, subject to amendment.
Official TitleWashington Industrial Insurance Act, RCW 51
YearOngoing, as amended
PurposeGoverns workers' compensation coverage, employer premiums, risk classifications and workplace injury benefit administration.
Typical ApplicationRequires the Employer of Record to establish workers' compensation coverage with L&I and administer premiums based on the relevant risk classification and hours worked.
Related LegislationWashington Department of Labor and Industries workers' compensation regulations and workplace safety rules.
Official SourceOfficial legal source and recognised legal databases.
Current StatusIn force, subject to amendment.
Process Flow

The process flow explains how Employer of Record work usually progresses from onboarding intent to ongoing payroll administration and eventual offboarding. It matters because Employer of Record work is a continuous operating relationship, not a single filing event.

1. Client and Role AssessmentConfirm the client's hiring intent, the role, reporting line and whether the arrangement will genuinely function as an employment relationship in Washington.
2. Minimum Wage and Terms MappingConfirm the statewide or applicable local minimum wage, overtime status, exempt salary threshold and benefit terms according to the employee's work location.
3. Agreement IssuanceIssue a Washington employment agreement in the Employer of Record's name, specifying role, compensation, pay frequency and working terms in accordance with Washington law.
4. Business License and Account SetupComplete or update the Business License Application, obtain or confirm the Unified Business Identifier and establish required ESD, L&I, Paid Leave and WA Cares payroll administration.
5. Payroll ExecutionCalculate gross pay, calculate unemployment insurance and workers' compensation obligations, withhold Paid Family and Medical Leave and WA Cares premiums where applicable and issue payroll documentation.
6. Quarterly ReportingFile unemployment insurance tax-and-wage reports through ESD's Employer Account Management System and complete Paid Leave and WA Cares reporting and remittances through the relevant state accounts.
7. Offboarding or TransitionProcess termination in line with Washington wage-payment rules, including final wages at the end of the established pay period, or support transfer to the client's own Washington entity where one is later established.
Typical OutputsSigned employment agreements, business license and UBI records, ESD and L&I account confirmations, payroll records, quarterly tax-and-wage reports, Paid Leave and WA Cares remittances and termination documentation.
Decision Tree

The decision tree simplifies threshold questions that commonly determine whether an Employer of Record is the correct route in Washington. It is presented as a logical workflow so that the reader can follow the sequence as an operational progression rather than as disconnected legal labels.

  1. Identify whether the business needs an employment relationship or an independent contractor engagement in Washington.
  2. Confirm whether the business already has, or intends to establish, its own Washington entity.
  3. If no local entity exists or is planned in the short term, assess whether an Employer of Record can lawfully support the intended role.
  4. Confirm whether the employee works in a locality with a higher wage ordinance, such as Seattle or Tukwila, and identify the applicable minimum wage.
  5. Confirm the requirements for Washington business licensing, unemployment insurance, workers' compensation, Paid Family and Medical Leave and WA Cares.
  6. Set up payroll, SecureAccess Washington, ESD and L&I processes, then align ongoing administration with actual working arrangements.
Timeline

The timeline section provides a practical sense of how an Employer of Record engagement develops across the real commercial lifecycle of a Washington hire. In Washington, employment questions typically begin before agreement signature and continue through payroll administration, paid leave, long-term care administration and, eventually, offboarding.

Hiring DecisionA business identifies a role to be filled by a worker based in Washington and decides not to establish its own Washington entity in the short term.
State and Local Wage ReviewThe employee's work location is mapped to the statewide rate or an applicable higher local rate before an offer is made.
Agreement DraftingAn Employer of Record employment agreement is prepared, reflecting role, compensation, pay frequency and Washington wage-and-hour requirements.
Business License and Account SetupWashington business licensing is completed or updated and related ESD, L&I, Paid Leave and WA Cares payroll accounts are established or confirmed.
First Payroll RunGross pay, unemployment insurance, workers' compensation, Paid Family and Medical Leave and WA Cares payroll amounts are calculated and payroll documentation is issued.
Quarterly AdministrationUnemployment insurance tax-and-wage reporting, Paid Leave reporting and WA Cares reporting continue for the duration of covered employment.
Renewal or ReviewCompensation, local wage rates, premium rates and payroll configuration are reviewed as Washington employment rules are updated.
OffboardingTermination is processed under Washington wage-payment rules, with final wages paid at the end of the established pay period whether employment ends through discharge or voluntary withdrawal.
Required Documents

Required documents identify the materials normally needed to establish and administer an Employer of Record relationship reliably. Compliance quality depends heavily on accurate agreement terms, correct Washington registration and timely unemployment insurance, leave and payroll reporting.

DocumentEmployment Agreement
PurposeEstablishes the legal employment relationship, role, compensation, pay frequency and working terms for the Washington employee.
Typical SituationRequired before the worker begins performing services under the Employer of Record structure.
DocumentWashington Business License Application
PurposeEstablishes or updates Washington state business registration, creates or confirms the Unified Business Identifier and identifies employer registration needs.
Typical SituationCompleted before beginning Washington employment operations or when the registered business begins hiring employees.
DocumentESD Unemployment Insurance Account and Quarterly Tax-and-Wage Report
PurposeEstablishes unemployment insurance administration and reports quarterly employee wages and employer unemployment insurance obligations.
Typical SituationMaintained and filed quarterly for covered Washington employment through the ESD Employer Account Management System.
DocumentPaid Family and Medical Leave and WA Cares Contribution Record
PurposeDocuments payroll premiums, employee deductions, employer shares where applicable and reporting for Washington Paid Leave and WA Cares Fund obligations.
Typical SituationConfigured at payroll setup and maintained with each payroll and quarterly state reporting cycle.
DocumentClient Service Agreement
PurposeClarifies the commercial relationship, responsibilities and liability allocation between the Employer of Record and the client business.
Typical SituationEstablished before onboarding begins and referenced throughout the engagement.
Cross-Border Relevance

Cross-border relevance explains why Employer of Record work in Washington cannot be understood only as a domestic payroll matter. For many clients, Washington is one hiring location inside a wider multi-state or international workforce strategy, which means work location, tax residency, payroll coordination, paid leave and work authorization often need cross-jurisdiction analysis from the outset.

RecognitionWashington Employer of Record arrangements often function as one layer within a broader multi-state or multi-country hiring strategy rather than an isolated domestic payroll exercise.
Foreign and Out-of-State CompaniesCompanies without a Washington entity must still establish an appropriate business registration and administer Washington unemployment insurance, paid leave, WA Cares and workers' compensation obligations for covered workers.
Language ConsiderationsDomestic administration is conducted in English, though employee-facing notices and communications may require language support according to workforce needs and applicable law.
International RulesFederal employment law overlays, multi-state payroll coordination and, for international workers, immigration and tax treaty questions frequently shape Employer of Record planning where the client or worker has connections beyond Washington.
Practical ConsiderationsCross-border Employer of Record arrangements usually work best when Washington payroll administration, state social insurance programs, local wage ordinances, other state and federal obligations and the client's home-jurisdiction obligations are treated as one coordinated compliance architecture.
Typical RisksAssuming that a single national payroll platform or a single agreement automatically resolves Washington-specific Paid Leave, WA Cares, workers' compensation and local minimum wage requirements.
Key Takeaways
  • Washington often functions as one hiring location within a wider multi-state or international Employer of Record strategy rather than a standalone engagement.
  • Federal overlays, Washington statutory leave and long-term care programs and higher local minimum wage ordinances may all be relevant within the same employment relationship.
  • Business licensing, unemployment insurance, Paid Leave, WA Cares, workers' compensation and payroll execution need to be aligned across jurisdictions, not only within Washington.
Operating Constraints & Risks

Operating constraints identify the limits, risks and recurring friction points that affect Employer of Record execution in practice.

Classification RiskTreating a worker as an independent contractor where the actual relationship operates as employment can create wage, tax, leave and labor standards exposure.
State and Local Wage RiskApplying the statewide Washington wage without identifying a higher applicable local rate can create underpayment exposure.
Paid Leave and WA Cares RiskFailing to apply the correct Paid Family and Medical Leave premium, WA Cares deduction, wage base or reporting process can create statutory compliance exposure.
Workers' Compensation RiskFailing to establish required workers' compensation coverage or applying an incorrect risk classification can create coverage and premium exposure.
Final Pay RiskFailing to pay final wages at the end of the established pay period after discharge or voluntary withdrawal can create wage-payment and statutory penalty exposure.
Costs & Fees

The costs section explains how resource demands typically arise in Employer of Record engagements in Washington. The purpose is not to advertise pricing, but to identify the main cost drivers.

Statutory Payroll ContributionsDriven by federal payroll taxes, Washington unemployment insurance, workers' compensation premiums and the employer share of Paid Family and Medical Leave where applicable.
Paid Leave and WA Cares CostsIn 2026, the Paid Family and Medical Leave premium is 1.13 percent of covered wages up to the Social Security wage cap. WA Cares Fund contributions are 0.58 percent of covered wages, subject to statutory exemptions and rules.
Minimum Wage Compliance CostsHourly pay must meet the $17.13 statewide minimum wage in 2026 and may need to meet a higher city rate depending on the employee's physical work location and employer profile.
Employer of Record Service FeeCovers payroll administration, compliance monitoring, agreement issuance and ongoing HR administrative support provided by the Employer of Record.
Multi-State and Cross-Border CostsCoordinating payroll, state social insurance and tax obligations across multiple states or countries may add administrative time and fees for internationally or nationally mobile workers.
FAQ

The FAQ section collects recurring threshold questions in a concise handbook format.

Does Washington Have a Statutory Minimum Wage That an Employer of Record Must Apply?Yes. Washington's 2026 statewide minimum wage is $17.13 per hour. Higher local minimum wage rates may apply, including in cities such as Seattle and Tukwila, depending on the employee's work location and the employer's size or revenue.
Who Administers Payroll Tax and Statutory Contributions for an Employer of Record in Washington?The Employment Security Department administers unemployment insurance and Paid Family and Medical Leave. The Department of Labor and Industries administers workers' compensation. The Washington Department of Revenue manages business licensing and employer registration, while the WA Cares Fund is administered through the Employment Security Department.
Is Washington Employer Registration Mandatory for an Employer of Record Operating in Washington?Yes. A Business License Application filed with the Washington Department of Revenue is used to establish the employer's state registration and can trigger unemployment insurance registration with the Employment Security Department and workers' compensation registration with Labor and Industries.
Can a Foreign or Out-of-State Company Use an Employer of Record Instead of Establishing a Washington Entity?Yes. Many out-of-state and foreign companies use an Employer of Record to hire staff in Washington lawfully without first establishing a local entity, while still meeting Washington payroll, paid leave, WA Cares, unemployment insurance and labor law requirements.
Is Payroll Filing Alone Enough for Compliance?No. Correct Employer of Record compliance also requires worker classification, state and local minimum wage alignment, Paid Family and Medical Leave, WA Cares, workers' compensation and, where relevant, multi-state or cross-border payroll coordination.
Practical Guidance

Practical guidance helps the reader prepare before engaging an Employer of Record or building a Washington hiring strategy.

ChecklistWhat is the actual role and reporting line for the Washington worker? Where will the worker physically perform work, and does a higher Seattle, Tukwila or other local minimum wage apply? Does the proposed pay meet the $17.13 statewide rate and applicable exempt threshold? Does the business plan to establish its own Washington entity later, and if so, how will the transition be handled? Are Business License Application, UBI, ESD, L&I, Paid Family and Medical Leave, WA Cares and payroll processes clearly assigned to the Employer of Record? Is there a documented service agreement allocating compliance responsibility between the Employer of Record and the client?
Registered Expert

The Registered Expert section records the status of the registry position associated with this jurisdictional object. It remains separate from the editorial content.

Registry Position IDRE-WA-EOR-001
Registry PositionRegistered Expert Employer of Record Washington
Registry AvailabilityOpen
Verification StatusNo verified participant currently assigned to this registry position.
CoverageWashington Employer of Record structuring with domestic, multi-state and cross-border business relevance.
Registry ReferenceEORR-WA-EOR-001-A Registered Expert Position
Contact InformationRegistry position not yet assigned.
Machine Layer

This section contains machine-oriented registry fields retained for indexing, retrieval, system organisation and future rendering control. It may be visually minimised while remaining fully available in the HTML source.

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