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California Nurse Meal Breaks, Rest Break, Overtime Unpaid Wages - Class Action Lawsuits and PAGA Lawsuits

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Nurses have a vitally important role in our healthcare system. They provide acute care for patients in emergency rooms and intensive care units and administer medicine and other daily essentials in California hospitals.

But far too often, nurses are overworked and under-supported as hospital administrators seek to lower costs and boost profits. And in the process, nurses and other healthcare workers are not getting paid the wages that you are entitled to under California’s strict wage laws.
 
If you’re a nurse or healthcare worker in California you probably work long hours and have great responsibility. Many, if not most hospitals and medical providers violate California wage laws for nurses, including not providing legal meal breaks, rest breaks, overtime, pay stubs and waiting time penalties.
 
When you aren’t paid the wages you’re owed, you need to know what you need to do in order to recover your unpaid wages.
 
In this article, our California nurses wage law lawyers answer and/or address the following questions or issues:
 
Nursing shortages result in wage law violations

The shortage of Kaiser nurses, meal breaks, rest breaks and overtime (an example) 

Nurses that say - “But I get my rest breaks” or “I get my meal breaks” or “I get overtime pay” and the like (that are owed a lot of money in unpaid wages)

Overtime - California Nurses - What are California overtime laws for nurses? 

Why are shift handoffs, huddles, team meetings, start of shift meetings the reason why many nurses may not getting paid the wages they are entitled to under California law?

Can I file a nurse class action against a California hospital or healthcare facility for overtime, meal breaks, rest breaks and other Labor Code violations?

Approved overtime - discouraging overtime and the reporting of overtime

3/12 Alternative workweeks - What are California overtime laws for alternative work schedules?

Alternative workweek election procedure - How do hospitals and healthcare violate California overtime laws for alternative workweek procedure?

Why should I always assume that the alternative workweek is not legal under California law?

What are the California overtime pay rules for nurses and healthcare workers when there is a valid alternative workweek schedule?

When are nurses and healthcare workers entitled to double time pay? ....Double time pay for a valid alternative workweek schedule for nurses/ healthcare facility workers

There is no stacking of the overtime for nurses/ healthcare facility workers

Nurses that work for staffing companies - Can I file a class action lawsuit against a California nurse staffing company?

Nursing homes, staffing levels and California wage laws- Can I file a class action lawsuit against a California nursing home?

Traveling nurses and California wage laws

Can traveling nurses file a class action lawsuit for unpaid wages?

Putting the patient first - and how this results in hospitals and healthcare providers violating California wage laws

Approval for overtime - and violating California wage laws

Making nurses clock in at their workstation (not paying for all time worked)

Hospital policies that state the nurses and other healthcare workers can’t miss meal breaks

Meal breaks for nurses - What is California law in regards to meal breaks for nurses and healthcare workers? 

Rest breaks for nurses- What is California law in regards to rest breaks for nurses and healthcare workers? 

Timing of rest breaks for nurses - When are nurses supposed to get rest breaks? 

Suitable resting facility

Net 10 minutes for rest breaks for California nurses and healthcare workers 

Ways that California hospitals fail to provide meal breaks and rest breaks

An hour’s pay for every missed rest break or meal break

Second meal period waivers for nurses, hospital workers and healthcare industry employees

Bonus payments and your regular rate of pay
 
Bottom line
 

Nursing shortages result in wage law violations

In many places in California there are nursing shortages. Meaning, many hospitals and healthcare facilities don’t have enough nurses. And, it's not just in California
 
Which means that you end up working even longer hours and suffer more violations of California wage laws - - such as nurses (and healthcare workers) not getting legally compliant meal breaks, rest breaks, proper overtime pay, paycheck violations, waiting time penalties, PAGA violations and the like.
 
Private Attorney Generals Act (PAGA) laws authorize employees that are subject to illegal labor code violations to act as private attorney generals to recover civil penalties from their employers for violations of the labor code. This can be so, so powerful. You, in essence, can bring a case like the California Attorney General when your employer violates California wage and hour laws.
 

The shortage of Kaiser nurses, meal breaks, rest breaks and overtime (an example)

For example, Kaiser Permanente nurses at many locations have held demonstrations and protested the chronic shortage of nurses. Based upon nurses that we have talked to - this results in Kaiser nurses not getting meal breaks that comply with California law, rest breaks that comply with California law, overtime and are not paid for all the time that they work.
 
Most nurses in California are entitled to overtime, meal breaks, rest breaks and a whole host of wage laws. California nurses are covered by California Wage Order 5-2001.

 

Nurses that say - “But I get my rest breaks” or “I get my meal breaks” or “I get overtime pay” and the like (that are owed a lot of money in unpaid wages)

 
I hear this all the time. What a lot of folks don’t realize - nurses included - is that there is a lot more to California law than an employer saying or you thinking that you got a rest break, meal break, overtime, etc.
 
In most instances, when nurses or healthcare workers think that they got their meal breaks or rest breaks or paid all the overtime - after we drill down a little - it turns out the hospital or healthcare provider isn't complying with California's strict wage laws - the California Labor Code and the California Wage Orders. 
 

Why is Bill Turley asked to testify concerning

wage law legislation at the California State Senate

 and the California Assembly? 

California wage law for nurses - overtime, meal breaks, rest breaks - Bill Turley

A No B.S. straight-shooter lawyer

Believe it or not, Bill is known for being a no B.S. straight-up lawyer. Besides being known as one of the leading experts on this area of the law in California, one of the reasons why Bill is asked to testify at legislature hearings is because he is known for being straight-forward and blunt. He is known for being no B.S., with no lawyer-talk, no double-talk. 

 

How do I know?

I have been involved in making California’s powerful wage laws. For example, I have either represented the workers or written the winning briefs in the most important California Supreme Court cases on California Wage law. I have testified before the California State Senate and California State Assembly on wage and hour legislation. I have sat at the table with the California’s Department of Labor (DLSE) and negotiated new wage laws for California workers. In other words, I have been intimately involved in making California wage and hour laws.
 
The point I am making here - is that while you and/or your co-workers may think that you get rest breaks, meal breaks and/or all your overtime pay - - based upon my experience for California nurses -  the hospital is probably not complying with California’s strict wage laws.
 
In other words, just because you get a 10 minute or even 15 minute break or just because you get paid overtime pay - - doesn’t mean that what you are getting complies with California law. In fact, for most nurses we talk to - we are able to identify California wage law violations that mean you may be owed significant money in unpaid wages.
 
This, or course, isn’t a guarantee, because every case is different. But the odds are on your side. Because most California hospitals and California healthcare facilities violate California’s strict wage and hour laws for nurses and other healthcare workers.
 

Overtime - California Nurses - What are California overtime laws for nurses? 

Most nurses in California are entitled to overtime. Meaning, they are non-exempt employees. Generally, nurses and healthcare workers are entitled to overtime pay when you work over 8 hours a day or over 40 hours a week. 
 
Many hospitals and healthcare facilities implement (or try to implement) and alternative workweek schedule. I discuss these 4/10 schedules and 3/12 schedules and how they affect overtime pay in depth in this article. 
 

Why are shift handoffs, huddles, team meetings, start of shift meetings the reason why many nurses may not getting paid the wages they are entitled to under California law?

Many, if not most, hospitals and healthcare facilities create wage violations for their nurses and health-care workers due to lengthy hand-off procedures and the like.
 
How this goes down is that nurses work a 12 hour shift. At the end of the shift there are lengthy hand-off procedures and at the beginning of the next shift there are huddles, team meetings, start of shift meetings and the like. Different hospitals call these procedures different things.
 
The result is the nurse that is being relieved, often times has to wait and work beyond their scheduled shift before they can begin the hand-off procedure.
 
This results in overtime which many hospitals try and discourage. But it also creates rest period obligations (these hospitals don’t provide the 4th rest break oftentimes) and obligations for the hospitals to provide additional meal breaks.
 

Can I file a nurse class action against a California hospital or healthcare facility for overtime, meal breaks, rest breaks and other Labor Code violations?

Yes, a class action lawsuit is the way to take and beat a California hospital and/or healthcare provider. It is the usually the best way to get your unpaid wages for overtime violations, meal breaks, rest breaks, pay stub violations, waiting time penalties and the like.
 
With a class action you can spread the costs of a lawsuit among all the employees. Class action lawsuits and/or PAGA lawsuits are almost always the best way to take on a medium size or even a huge company for unpaid wages.
 

Approved overtime - discouraging overtime and the reporting of overtime

Many hospitals create a lengthy procedure for getting overtime approved. In essence, employers are discouraging nurses from working overtime.
 
However, due to the lengthy hand-off procedure - nurses don’t have a choice but to stay and work overtime.
 
It's not fair when the hospital says you shouldn't work overtime or a certain amount of overtime and then forces you to work overtime due to understaffing. 
 

3/12 Alternative workweeks - What are California overtime laws for alternative work schedules?

For employees in the healthcare industry - that have alternative work schedules - time-and-a-half pay is required when work is performed beyond 40 hours in a workweek under a 3/12 alternative workweek schedule. Singh v. Superior Court, 140 Cal. App. 4th 387, 400 (2006).
 
If you work a 3/12 alternative workweek schedule and if the alternative workweek procedures have been followed, then you are not entitled to overtime until you work 40 hours in the week. “...Section 3(B)(8), which plainly provides for overtime pay only beyond 40 hours worked in a 3/12 alternative workweek schedule. Singh v. Superior Court, 140 Cal. App. 4th 387, 400 (2006); Wage Order 5 Section 3(B)(8).
 
If you work more than 12 hours in a workday you are entitled to double time pay. (2 times your regular rate of pay). Wage Order 5 Section 3(B)(8).
 
If you work more than 40 hours in a week, you are entitled to time and a half (1.5 times your regular rate of pay). Wage Order 5 Section 3(B)(8).
 
Or course, the key here is whether the alternative workweek schedule is valid.
 

Alternative workweek election procedure - How do hospitals and healthcare violate California overtime laws for alternative workweek procedure?

Wage Order 5 requires strict compliance with the procedure for establishing an alternative workweek.
 
There are detailed requirements under Wage Order for instituting an alternative workweek including - but not limited to:
 
 - a secret ballot
 - disclosure in writing
 - disclosure in writing mailed to employees who don’t attend the meeting.
 
“Failure to comply with this paragraph shall make the election null and void.” Wage Order 5 3.C.(3).
 
What makes it all worthwhile - getting your settlement check in a Class Action Lawsuit
 
California nurses - wage law - Class Action Lawsuits
Need help right now?
 
Call us at 619-304-1000  - If you call after regular business hours, when you leave a message, be sure to repeat your name and telephone number twice, so we get it correctly. And be sure to indicate whether it's okay if we respond by text.
 
Text us at 858-281-8008 - Be sure and put "new wage case" in your text.
 
Or leave us a message on this webpage


Why should I always assume that the alternative workweek is not legal under California law?

I suggest that you never assume that the alternative workweek schedule is valid. Why? Because too many times I have see employers not being able to prove that they are valid.
 
Alternative workweek election is an affirmative defense. Exemptions to Labor Code overtime laws is an affirmative defense and the employer bears the burden of proving the employee is exempt. Ramirez v. Yosemite Water Co., Inc., 20 Cal. 4th 785, 794-95 (1999); Morrelli v. Corizon Health, Inc., 2019 U.S. Dist. LEXIS 29717, *22, 2019 WL 918210.
 
Based upon what we see, many of the alternative workweek procedures are violated.
 
I can’t overemphasize the importance of the fact that the employer has the duty to prove that they followed California’s alternative workweek election procedures.
The key here is that once a challenge is made - the hospital or healthcare facility has the burden of proving they followed each of the steps.
 
Meaning, you may be entitled to significant overtime pay.
 
If the employer is unable to prove that they followed these strict procedures, then you are entitled to overtime compensation for every hour you work over 8 hours in a day. If you work a 4/10 or a 3/12 schedule you are looking at tens of thousands of dollars, potentially.
 
Again, no guarantees, but you can be looking a at huge potential payout in unpaid wages.
 

What are the California overtime pay rules for nurses and healthcare workers when there is a valid alternative workweek schedule?

Assuming the employer (hospital or healthcare facility) actually follows the Wage order to alternative workweek procedure, then nurses / healthcare workers have different overtime rules than most other workers in California.
 
Many hospitals/ healthcare facilities have a 3/12 schedule. Meaning, nurses and healthcare workers work 3 days a week and have 12 hour shifts. For these 3/12 workers:
 
 All work performed in any workday beyond the schedule established by the agreement up to twelve (12) hours a day or beyond 40 hours per week shall be paid at one and one-half (1  ) times the employee’s regular rate of pay. Wage Order d 3.(B)(1).
 
Stated differently you get regular pay for up to 12 hours a day or beyond 40 hours a week.
 
In the alternative, the employer can have a 4/10 schedule. Meaning, if the schedule established by the agreement is a 4 days a week and 10 hours a day, then overtime is paid after 10 hours a day and after 40 hours a week.
 

When are nurses and healthcare workers entitled to double time pay? ....Double time pay for a valid alternative workweek schedule for nurses/ healthcare facility workers

All work performed in excess of twelve (12) hours per day and any work in excess of eight (8) hours on those days worked beyond the regularly scheduled number of workdays established by the alternative workweek agreement shall be paid at double the employee’s regular rate of pay.  Wage Order d 3.(B)(1).
 

There is no stacking of the overtime for nurses/ healthcare facility workers

There is a concept in California wage law called no stacking of overtime. Meaning, that once time is paid at 1 ½ or at double time rate, it is not included in determining the 40 hours a week for overtime purposes. The actual Wage Order language is as follows:
 
 No hours paid at either one and one-half (1  ) or double the regular rate of pay shall be included in determining when 40 hours have been worked for the purpose of computing overtime compensation. Wage Order d 3.(B)(1).
 

Nurses that work for staffing companies - Can I file a class action lawsuit against a nurse staffing company in California?

Because of the shortage of nurses, many hospitals and healthcare providers (such as Kaiser) have turned to staffing companies in order to provide nurses to their patients.
 
It is rare that staffing agencies don’t violate California’s strict labor laws in regards to nurses and other healthcare facility workers.
 
For example, many “early termination” clauses contain terms that are illegal under California wage laws.

Nursing homes, staffing levels and California wage laws- Can I file a class action lawsuit against a California nursing home?

It is not just hospitals that are facing staffing problems for nurses.
 
The In 2019 the Centers for Medicare & Medicaid Services (CMS) announced that they would crack down on nursing homes that have inadequate staff levels. 
Inadequate staff levels usually result in California Labor code violations for nurses and healthcare workers that work in nursing homes. Meaning, you are probably owed a lot of money in unpaid wages and penalties.
 
In many respects nursing home nurses and healthcare workers are treated even more badly than nurses and workers at hospitals. And, based upon what we have seen - the labor code violations are probably even worse for nursing homes. It is all about profits - taking the patients money and providing as little medical services as possible at most nursing homes. 
 
Class action lawsuits and/or PAGA lawsuits are the almost always the best ways to take on a nursing home in order for nurses and healthcare workers to get the wages they are entitled to under California wage laws.

Traveling nurses and California wage laws

 
Based upon what we have seen, many traveling nurses are subject to California wage law violations. From illegal missed hour clauses, illegal charge-backs to being subject to illegal wage polices that the “regular nurses” at the hospital or healthcare facility are not.
 
For example, we have seen traveling nurses that are told that they can’t work overtime or when they due, they are subject to paperwork that must be submitted in order to deter them from being paid for the overtime and/or make it difficult to collect overtime.
 
Further, nurses must be paid for the time that it takes to fill out the overtime paper work (or time spend submitting the overtime electronically).
 

Can traveling nurses file a class action lawsuit for unpaid wages?

Class action lawsuits and/or PAGA lawsuits are the almost always the best ways for traveling nurses to take on the staffing agency and the hospitals to take in order for traveling nurses and healthcare workers to get the wages they are entitled to under California wage laws.
 

Putting the patient first - and how this results in hospitals and healthcare providers violating California wage laws

Most California hospitals put in their mission statement and policies statements, to the effect, of “putting the patient first.” Which is fine and understandable if you’re a patient and if you’re a hospital that wants to be known as being “patient oriented.”
 
The trouble is, the these “patient first” practices and policies result in nurses (and other healthcare workers) - not getting your legally compliant meal breaks and rest breaks. 
 
When nurses are required to put patients first combined with inadequate staffing - then nurses are forced to miss meal breaks and rest breaks or take them in a manner that does not comply with California law.
 

Approval for overtime - and violating California wage laws

Many hospitals and healthcare facilities require workers to get approval for overtime or for a certain amount of overtime per week or per shift. The problem here is that sometimes it is difficult to square the “patient first” policies with the approval for overtime policies. Which results in nurses and other healthcare facility workers not getting paid for all the overtime that they work.
 
Some hospitals and healthcare facilities actively discourage nurses and other healthcare workers from working overtime. Which, of course, runs counter to the “patient first” policies.
 

Making nurses clock in at their workstation (not paying for all time worked)

Many hospitals require nurses to clock in and out at their nurses station. In other words, you clock in on a computer at your nurses station or on a phone at your nurses station.
 
Thus, if it takes you 2-3 minutes (or more and a lot more for some nurses and healthcare workers), to walk to your station in order to clock in - then the hospital is getting 2-3 minutes of uncompensated time at the start of every shift that you work.
 
The hospital is also getting free time (meaning not paying you for the time that you work) when you leave work every shift also. You are under the hosptial's control when you are made to walk through the hospital in order to "clock in." 
 
This is all based upon the recent Troester California Supreme Court case where the California Supreme Court held that workers must get paid for all regular time that they work. Certainly walking to and from your nurses station is something that you do regularly.
 
What you are going to see is that these 2-3 minutes( or more) time really add up fast. But also, you are entitled to paystub violations, waiting time penalties, PAGA penalties and the like.
 

Hospital policies that state the nurses and other healthcare workers can’t miss meal breaks

Many hospitals have written policies or practices that state that nurses and other healthcare facility workers can not miss meal breaks. The problem here is when this policy runs counter to these “patient first” policies.
 
In many instances, this results in nurses and healthcare workers not getting meal breaks that comply with California law. 
 
 

Meal breaks for nurses - What is California law in regards to meal breaks for nurses and healthcare workers? 

Most hospitals have policies that state that nurses must monitor their patients and be available to meet their needs unless they are fully relieved of these duties. Which means of course, that under the Brinker California Supreme Court case that you are entitled to an hours pay and entitled to get paid for the time that you are required to monitor your patients while you are “on a meal break.”
 
Remember, in order to have a legally compliant meal break under California law you have to meet the Brinker rule. Based upon the landmark California Supreme Court - Brinker vs Superior Court your employer has the following duties to provide you a meal break:

  - Relieve you of all duties
  - Relinquish all control
  - Give you a reasonable opportunity to take if, and
  - Not do anything to impede or discourage you from taking the meal break.
Brinker Restaurant Corp. v. Superior Court, 53 Cal. 4th 1004, 1040 (2012).
 
I know the Brinker case very well, because I represented the workers in the Brinker California Supreme Court case.
 

Rest breaks for nurses- What is California law in regards to rest breaks for nurses and healthcare workers? 

California hospitals and healthcare facilities have the same duties to provide rest breaks as they do to provide meal breaks. This is the Augustus California Supreme Court case. Augustus v. ABM, 2 Cal. 5th 257, 267 (2016).
 
I know the Augustus case real well because I wrote the winning Supreme Court brief in the case.
 
What you are going to see is that many, if not most, hospitals and healthcare facilities, don’t provide legally compliant rest breaks.
 
 The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof. Wage Order 5. 12(A).
 

Timing of rest breaks for nurses - When are nurses supposed to get rest breaks? 

Under California law, you supposed to get a rest break as follows:
 
 3.5 hours
 6 hours
 10 hours
 12 hours
 14 hours
Wage Order 5. 12(A).
 
Thus, if you work a 10 hour shift you are entitled to three 10 minute rest breaks.
 
If you work a 12 hour shift, you are entitled to four 10 minute rest breaks.
 
Some hospitals will give you 15 minute breaks. But, don’t let that fool you. There are still violations even with 15 minute rest breaks.


Suitable resting facility

Suitable resting facilities shall be provided in an area separate from the toilet rooms and shall be available to employees during work hours. Wage Order 5. 13(B).
 
The important of “suitable resting facilities” is in connection with a “net 10 minutes.”
 

Net 10 minutes for rest breaks for California nurses and healthcare workers 

The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof. Wage Order 5. 12(A).
 
Under the Augustus California Supreme Court case, you are entitled to a rest break at a suitable resting facility (read: break room). Part of your 10 minute rest break can’t be spent walking to or from the break room.
 
I know the Augustus case really well because I wrote the winning brief in the case. 
 

Ways that California hospitals fail to provide meal breaks and rest breaks

There are many ways that California hospitals and healthcare facilities fail to provide meal breaks and rest breaks.
 
Here are some examples:
 
Having to respond to alarms
 
If the hospital or facility requires nurses (and other hospital workers) to respond to alarms during meal breaks or rest breaks - then you didn’t get a legally complaint meal break or rest break.
 
Carry a pager or cell phone
 
If the hospital or facility requires nurses (and other hospital workers) to carry a pager, cell phone or other device during meal breaks or rest breaks - then you didn’t get a legally complaint meal break or rest break.
 
Having the walk to the break room during your rest break count as part of your rest break time
 
Under the Augustus case, you are entitled to a rest break at a suitable resting facility (read: break room). Part of your 10 minute rest break can’t be spent walking to or from the break room. For example, suppose that you get a 15 minute rest break. But the break room is 3 minutes (or more) away from your nurses station. This means that you are spending 6 minutes of your break walking to and form the break room.
 
This means that under California law, you are not getting a legally compliant rest break.
 
Not allowing you to leave the hospital or facility for meal breaks or rest breaks
 
If the hospital or facility says that you can’t leave for rest breaks, then you are subject to a duty. Meaning, you have a duty to remain in the hospital or facility. You have to be  relieved of all duties. Including, a duty to stay.
 

An hour’s pay for every missed rest break or meal break

You are entitled to an hour’s pay for every missed meal break or rest break. California Labor Code Section 226.7.
 

Second meal period waivers for nurses, hospital workers and healthcare industry employees

Generally, second meal period waivers are valid for employees in the healthcare industry who work more than 12 hours in a shift. Gerard v. Orange Coast Memorial Medical Center, 6 Cal. 5th 443, 448 (2018).
 
However, don’t assume that just because you signed a second meal period waiver that it is valid and you lose. Many second meal period waivers don’t comply with California law and are null. Meaning, you may be owed California Labor Code Section 226.7 penalties by the hospital/ your employer for their failure to provide you with a meal period, in spite of the second meal period waiver.


Bonus payments and your regular rate of pay

Some hospitals and/or healthcare facilities pay the following types of bonuses:
 
 - retention bonus,
 - sign-on bonus
 - housing bonus
 - housing payment
 - housing allowance
 - completion bonus (traveling nurses see these a lot)
 - annual bonuses
 - referral bonus
 - recruitment bonus
 
If the hospital or healthcare facility pays you any kind of bonus - then the bonus needs to be added to your regular rate of pay for overtime, meal period premiums and rest break premiums.
 
What you are going to find is that 9 out of 10 employers calculate this incorrectly. Meaning, it can result in you being owed a lot of money in wages and penalties.
 

The bottom line

 
Based upon what I see, nurses and healthcare workers in California are oftentimes subject to labor code violations. When this happens to you, I suggest that you contact the best, honest California wage lawyer that you can find. You need to take action in order to recover your hard earned unpaid wages.
 

Need help right now?


 Call us at 619-304-1000  - If you call after regular business hours, when you leave a message, be sure to repeat your name and telephone number twice, so we get it correctly. And be sure to indicate whether it's okay if we respond by text.
 
Text us at 858-281-8008 - Be sure and put "new wage case" in your text.
 
Or leave us a message on this webpage.
 
 
 
 
This article isn't legal advice
 
These discussions and/or examples are not legal advice. All legal situations are different. These testimonials, endorsements, photos and/or discussions do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, or your particular case/ situation. Every case is different. There are any number of reasons why class actions are not certified, not won and/or PAGA actions are not successful.
 
Just because we have gotten great results in so many other unpaid wage cases, doesn't guarantee in particular result in other cases. Including, your wage case. Every case is different.
William Turley
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“When I seek out professional advice, I don’t want B.S., I want it straight up. I figure you do also.”
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