Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. However, the benefits of the practice have become less pronounced a result both of relatively widespread vaccination coverage and the proliferation of hyper-infectious Omicron subvariants. Officially established in 1932, the CCCOE has a long history of providing direct services to some of our county's most vulnerable students, including young people who are incarcerated, homeless or . More Employment Vaccination and testing are two key measures that help mitigate the spread of COVID-19, as is masking and improving indoor ventilation, the statement continued. The bill states that an employer can limit workers to up to 24 hours, or three workdays, to attend each vaccination appointment and to recover or care for someone with vaccine-related symptoms,. They cover: Visit Safer At Work to learn more about COVID-19 workplace safety. Youre protected by California laws that prohibit retaliation for exercising workplace rights. COVID-19 Financial Resources - State programs and assistance including food, eviction protection, and mortgage relief. Verify records through a private and confidential process. to Default, About the Viral and Rickettsial Disease Lab, CDER Information for Health Professionals, Communicable Disease Emergency Response Program, DCDC Information for Local Health Departments, Sexually Transmitted Diseases Control Branch, VRDL Guidelines for Specimen Collection and Submission for Pathologic Testing, of January 1, 2023, many provisions of AB 685 compliance with current requirements regarding employee notification of Schools should continue to follow state and local guidance to help prevent the spread of COVID-19. Starting COVID-19 treatments right away can make a big difference. The. Gov. historical purposes only. Employers must follow workplace safety and health regulations to protect workers. Labor Commissioner's frequently asked questions, Department of Fair Employment and Housing FAQs, A list of laws under the Labor Commissioner enforces that generally prohibit retaliation is provided here, Locations, Contacts, and Hours of Operation, Licensing, registrations, certifications & permits. And New York City will require all of its municipal workers including teachers and police officers to get coronavirus vaccines by mid-September or face weekly testing. So its going to be incredibly important that the state and public health and those who care about public health really invest in communicating that information about how folks can access both of those periods of leaves to get 80 hours, Wutchiett said. In June, the workers father catches COVID-19. Luke Money is a Metro reporter covering breaking news at the Los Angeles Times. Note that for employees that have close contact with others who are COVID-19-positive during the infectious period, employers must review current CDPH guidance on isolation and quarantine. MGM Resorts, which owns many hotels and casinos in Las Vegas, was charging a $15 co-pay for the testing at an on-site . Employers may ask all employees who will be physically entering the workplace if they have COVID-19 or symptoms associated with COVID-19, and ask if they have been tested for COVID-19. Information and materials related to the COVID-19 Prevention Emergency Temporary Standards. Instead, they must let you return to work or start work when it is permitted by the Local Health Officer's return-to-work guidance. If the employee has worked for the company for more than seven days but less than six months, that calculation for flexible leave would be based on their entire period of employment. Therefore, employers can mandate that their employees receive the COVID-19 vaccine before any of the vaccines receive full FDA approval. However, unless otherwise required, the time spent waiting for COVID-19 test results is not compensable as hours worked, although the worker may be able to utilize paid leave while waiting for the results. Regular paid sick leave may be used for preventive care, which includes medical testing and vaccines, for the employee or the employees family members, and is protected against retaliation under the Labor Code. Well, earlier this week, the Equal Employment Opportunity Commission (EEOC) issued new guidance that (in addition to several other changes) upends this long-held principle and will require employers to re-think whether to require COVID testing. Arizona Gets to Keep Its State-Operated Workplace Safety and Health Manufacturers Legal Considerations for Staffing Reductions, PCAOB Enforcement Activity Up Sharply in 2022. If the time is not considered hours worked, the worker may be able to utilize the workers paid leave for time off from work to obtain testing or vaccination. As it did previously, the Guidance permits employers to require a note from a qualified medical professional explaining that it is safe for the employee to return and that the employee is able to perform their job duties. In L.A. County, for instance, transmission has fallen to the point that officials could end the local masking requirement for indoor public transportation settings including airport terminals, buses, subways, train stations and ride-hailing services in a matter of weeks. According to the DIR, employers may require employees to take a viral. California officials are calling on private employers to require their employees to be vaccinated against the coronavirus or be subject to regular testing. Instead, the new Guidance cautions employers who want to screen/test employees for COVID-19 infection that they may still requireviral tests(which are intended to confirm active infection) provided the employer can demonstrate that testing is job-related and consistent with business necessity. Unvaccinated dentists and their staff have been complying with the state's public health order requiring vaccination or weekly testing since full compliance began Aug. 23, 2021. See Questions C.1. Provides reasonable accommodations related to disability or sincerely-held religious beliefs or practices. Employers must ensure workers meet the criteria in the COVID-19 Prevention ETS before they return to work and that workers follow the CDPH-recommended isolation periods. If you do not have symptoms, but you test positive for COVID-19, you can return to work when all of these are true: Otherwise, you cannot return to work for at least 10 days after you first tested positive. The EEOC has periodically updated the Guidance on a number of occasions since first issuing it at the start of the pandemic in March 2020. The DOL issued FAQ Part 51 to provide guidance about how insurers and plans can comply with the obligation to provide at-home COVID-19 tests at no-cost, including the establishment of two "safe harbors" that plans and insurers can follow to ensure compliance: Safe Harbor #1: The plan or insurer can satisfy its coverage obligation by . It also applies to people who had a previous infection. CalFresh - Provides monthly food assistance to people and families with low income, including those who lost their job because of the pandemic. The Contra Costa County Office of Education is a unique agency. Information and materials related to COVID-19 Prevention Non-Emergency Regulations. Additional courses coming soon. Requiring an unreliable test is not allowed under EEOC guidelines. If the testing or vaccination is performed at a location other than the employees ordinary worksite, the employee may also be entitled to reimbursement for necessary expenses incurred to travel to and from the testing or vaccination location. The Guidance further advises that when an employee seeks an accommodation from a mandatory vaccination policy, employers must evaluate whether the accommodation would pose a direct threat to the health or safety of the employee or others. Workers who have a normal weekly schedule of less than than 40 hours qualify for the total number of hours they are usually scheduled to work in a week for each of the two banks of COVID-19 leave. If the employer requires an employee to obtain a COVID-19 test or vaccination (see Department of Fair Employment and Housing FAQs for guidance on the types of COVID-19 tests an employer may require and on vaccination), then the employer must pay for the time it takes for the testing or vaccination, including travel time. All public and private employers in Californiamust follow AB 685except: COVID-19 Infection Prevention Requirements (AB 685)- Cal/OSHA outlines how the bill enhances their enforcement of COVID-19 in the workplace. Criminal Referrals and OSHA Violations, Part III: Industry Standards Oregon House Revenue Committee Set to Hear More About Pro-Taxpayer Buying or Selling a Small Business Government Contractor? Gavin Newsom and California politics in Sacramento for the Los Angeles Times. The bill states that an employer can limit workers to up to 24 hours, or three workdays, to attend each vaccination appointment and to recover or care for someone with vaccine-related symptoms, unless the employee provides verification from a healthcare provider that more time is necessary. Proposed Nursing Home Disclosure Requirements Target Private Equity Companies and How to Make the Best Out of Your Employees Inventions Applicable Rules and Best Practices for Global Companies, Key Changes Are on the Horizon for Retirement Plans, McDermott IP Focus (Japan) 2023 - Life Sciences Session: Pharma Brands v. Generics: Developments Affecting the Balance Between Exclusivity and Market Entry, The Final CCPA Regulations: What You Need To Know. Map shows everywhere you can get a COVID-19 test in the Bay Area Data tracker: Coronavirus cases, deaths, hospitalizations in every Bay Area county Get the latest updates on California EDD . Self-tests for COVID-19 give rapid results and can be taken anywhere, regardless of your vaccination status or whether or not you have symptoms. How the employee can obtain testing for COVID-19, such as through the employer's workplace-based testing program; through the local health department, a health plan, or the federal government; or at a community testing site. Standing on the patio of a restaurant in Oakland, Newsom applauded business advocates, labor unions and lawmakers who came together to negotiate the legislation. California Assembly Bill Pushes for Womens Designated Restrooms on Mississippi Legislature Takes Up Pass-Through Entity Election FTC Signals Increased Scrutiny of Technology Sector Through Understanding the Corporate Transparency Act and Ensuring Compliance. Fanny Ortiz, a union organizer, raises her fist in a drive-thru strike line at a McDonalds in Monterey Park on April 9, 2020. See Question K.5. Some local health departments may use other tools, such as secure email or fax, for outbreak reporting. from side effects and more. The Biden administration has issued guidelines for agencies to test their workers for COVID-19, spelling out when widespread testing is appropriate and confirming that federal offices can mandate . Employer is requiring weekly COVID testing for employees. This is true even when youve been exposed to someone with COVID-19 at work and your employer must exclude you. Details being worked out but implementation expected by mid-August. Find details about masking at work in the face coverings section of the Cal/OSHA FAQs. State Public Health Officer Order of July 26, 2021. Yes, under the FLSA, your employer is required to pay you for time spent waiting for and receiving medical attention at their direction or on their premises during normal working hours. He is a member of the Labor & Employment Practice and the Automotive and Health Care Industry Teams. Employers cannot require documentation from employees to show that leave is for COVID-related needs. M.A., Trial Counsel Lubell Rosen, LLC. See Question A.5. Employees were demanding masks, gloves, soap, hazard pay and sick days. Gavin Newsom signed legislation Wednesday to reinstate supplemental sick leave benefits for most California workers, providing up to two weeks of paid time off for COVID-19 related illnesses and absences. Arizona (/ r z o n / ARR-ih-ZOH-n; Navajo: Hoozdo Hahoodzo [hozto hahotso]; O'odham: Al onak [ai nak]) is a state in the Southwestern United States.It is the 6th-largest and the 14th-most-populous of the 50 states. Employers can require tests and vaccines that are FDA-approved or have Emergency Use Authorization from the FDA. Though the state has scrapped the weekly testing requirement, health officials still encourage schools and employers to continue providing testing resources to staff and students to slow the spread of COVID-19 in all communities, according to a statement from the California Department of Public Health. C.4 and C.5. This button displays the currently selected search type. The second presumption, for employers with five or more employees, applies to employees who test positive for COVID-19 during an outbreak at the employee's specific place of employment. Certain types of healthcare and social service facilities that are already subject to other reporting requirements are not subject to AB 685 requirements for reporting outbreaks to local health departments. Employers should immediately require all workers to get a booster dose of the COVID-19 vaccine, if eligible for one, or get tested at least twice weekly for COVID under new guidelines issued today by Sonoma County Health Officer Dr. Sundari Mase.. Heres everything you need to know about the law. Official website for California's COVID-19 response. Employee tests positive for COVID-19. The Bay Area native is a graduate of UC Berkeley and started at the Los Angeles Times in 2004. If the employee has only worked for the company for a week or less, they would be entitled to the total number of hours they have worked for each bank of leave. Information about the worksite name of company/institution, business address, and North American Industry Classification System (NAICS) industry code. Employers should consult Cal/OSHA requirements regarding testing and exclusion of close contacts from the workplace, as discussed in Section 6 below. Does not discriminate against or harass employees or job applicants on the basis of a protected characteristic, such as disability or national origin. described below are no longer in effect or have been amended. Outbreaks aredefinedas 3 or more COVID-19 cases among workers at the same worksite within a 14-day period.Once this threshold is met, you have 48 hours or one business day, whichever is later, to report to the local health department in the jurisdiction where the worksite is located. The law breaks up that 80 hours into two banks of 40 hours each. One bank gives workers up to 40 hours of flexible paid leave to recover from COVID-19, care for a sick family member, attend a vaccination appointment, recover from immunization or take care of a child who cannot attend school because of virus-related closures or quarantines. It reminds employers of the importance of staying continuously up-to-date on changes in public health guidelines and being ready to reevaluate their policies on dealing with COVID-19 testing and precautions. How to participate in workplace hazard identification and evaluation. Unlike a drug test, an employer may not, simply, fire an employee for failing their COVID test. The content and links on www.NatLawReview.comare intended for general information purposes only. If you or anyone in your household has COVID-19 symptoms, it is important to test for COVID-19 as soon as possible. The law requires employers to include the amount of COVID-19 supplemental paid sick leave used on the employees itemized wage statement or in a separate writing on pay day. COVID-19 Testing. Carrie is highly regarded for her experience with wage and hour issues, as well as employment discrimination and retaliation claims. COVID-19 vaccines are safe, effective, and free. If you test positive, contact your doctor for an appointment. In addition to the new material on testing members of the workforce for COVID-19, the updated Guidance also addresses screening job applicants for symptoms of COVID-19. That means requiring a COVID test is fair game because having COVID can affect how an employee does their job, and if an employee poses a health threat to others. The short answer is yes, so long as the employer adheres to the requirements of the Fair Employment and Housing Act ("FEHA"). Instead, the new Guidance cautions employers who want to screen/test employees for COVID-19 infection that they may still require viral tests (which are intended to confirm active. Draft the To Each Their Own: Agency Must Consider Experience of Each Partner in CMS Updates List of Telehealth Services for CY 2023, What You Need to Know About the New Tariffs on Imports from Russia. In L.A. County, risk is lower than it was for much of the summer, and as we head into this fall with these updated booster doses, we know that we have the opportunity to reduce the likelihood of overwhelming our healthcare system with another winter surge.. In a multi-worksite environment, the employer need only notify employees who were at the same worksite as the qualified individual (Labor Code 6409.6(d)(7)). Will Changes to the Option To Tax Regime Impact UK Insolvency Sales? Are covered by workers compensation benefits and received temporary disability payments while excluded. A list of laws under the Labor Commissioner enforces that generally prohibit retaliation is provided here. Employers are within their rights to require that employees and . Statement in compliance with Texas Rules of Professional Conduct. It will require businesses with 100 or more employees to ensure that their workers are either fully vaccinated or procure a negative COVID test at least once a week. An employer can require their employees to receive a COVID-19 vaccine as long as the employer: Learn more about workplace safety and civil rights in the Department of Fair Employment and Housings FAQs. Stay up to date with your COVID-19 vaccines. Do Issuers Fail To File Form Ds Because They Fear Trolls? Strictly Confidential? Employers with 26 or more employees during this period had to provide this paid time off for Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. Heres an example. Challenges to the No Surprises Act Continue: The Latest includes a Navigating Permissive State Laws in Light of the Federal Information FDA Publishes List of 2023 Priority Guidance Topics. The answer is clear under federal law: Yes. "This requirement will impact . Also on Monday, the state of California said it will require millions of health care workers and state employees to show proof of a COVID-19 vaccination or get tested weekly. Further, the rules on keeping employee medical data separate from the employees file, and to keep test results confidential, still apply. This guidance is no longer in effect and is for One of 58 counties in the state of California, Contra Costa County has the 11th largest public school student population in the state. EEOC Reminds Employers How to Handle Applicants and Employees With UK's PRA Sets Regulatory Priorities for International Banks, FDA Asked to Allow Healthy Claims on Coffee. They detect current infection and are sometimes also called "home tests," "at-home tests," or "over-the-counter (OTC) tests." The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. You may occasionally receive promotional content from the Los Angeles Times. Deaf or hard of hearing Performance Rule Requires Disclosure of Relationship Tech Takeaways: SCOTUS Weighs in on Pivotal Tech Cases. This applies to everyone, regardless of vaccination status. Disease prevention has shifted in that time from public health requirements to individual . Labor Board Flip-Flops Again on Severance FRB Governor Bowman Speaks on Bank Regulation and Supervision. Do Not Sell or Share My Personal Information, reinstate supplemental sick leave benefits for most California workers, New COVID-19 sick pay for California workers approved by lawmakers, Before and after photos from space show storms effect on California reservoirs, 19 cafes that make L.A. a world-class coffee destination, Dramatic before and after photos from space show epic snow blanketing SoCal mountains, Shocking, impossible gas bills push restaurants to the brink of closures, The chance of a lifetime: Five friends ski the tallest mountain in Los Angeles, Im visiting all 600 L.A. spots on the National Register. An employer can require their employees to receive a COVID-19 vaccine as long as the employer: Does not discriminate against or harass employees or job applicants on the basis of a protected characteristic, such as disability or national origin. Visit schools.covid19.ca.gov for more information. . Last updatedFebruary 21, 2023 at 3:08PM PM. Lateral flow testing Lateral flow testing is a fast and simple. When employers impose such a requirement subject to accommodation obligations under the ADA and Title VII, they may require documentation or other confirmation of employee vaccination status. Names and occupations of workers with COVID-19. But warmer storms could cause problems, L.A. County could soon drop this key COVID mask rule. Dental staff . Yes. The Department of Public Health is moving toward ending its recommendation for universal masking in indoor public settings and businesses if coronavirus cases continue to fall. Masks are recommended for everyone indoors. If an employer has employees who work in settings covered by the Healthcare ETS (29 CFR 1910.502), but who would otherwise be covered by the Vaccination and Testing ETS (29 CFR 1910.501) if the Healthcare ETS were not in effect, can that employer follow the Vaccination and Testing ETS instead for those employees? Is it legal for him to ask for this? In recent weeks, California has led the nation in implementing measures to slow the spread of COVID-19, including: Vaccine verification for state workers. The EEOC says the antibody tests would be a violation of the ADA because it would be a medical examination that is not "job related and consistent with . The latest Arizona headlines, breaking news, in-depth investigations, politics, and local community stories that matter to you. Both Se ction 161.0085 of the Texas Health & Safety Code and Governor Abbott's Executive Order GA-39 address this issue. Another significant revision to the Guidance involves when an employer can require a release to return to work post-COVID-19 infection. Lets call the 40 hours of flexible time off Bank A and the other 40 hours for which an employer could require a proof of a positive test Bank B.. Any company is within its legal rights to require employees get vaccinated, barring any conflicting disability or religious belief . In its April 2020 guidance, the Equal Employment Opportunity Commission (EEOC) stated that it is legal for employers to require its employees to take COVID-19 viral tests. Any additional information requested by the local health department as part of their investigation. The short answer is yes, though a vast majority have not. California has rescinded coronavirus testing requirements for unvaccinated workers at schools, healthcare facilities and other congregate settings, the latest rule to be rolled back as the state enters what officials say is a new phase of the pandemic. It does not apply to buildings, floors, or other locations of the employer that a qualified individual did not enter, locations where the worker worked by themselves without exposure to other employees, or to a worker's personal residence or alternative work location chosen by the worker when working remotely. Specifically, on July 12, 2022, the EEOC updated itsWhat You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws(the Guidance) for the first time in several months. The worker has three days, or 24 hours, of Bank A left to care for their parent. Find details in the isolation and quarantine section of the Cal/OSHA FAQs. should follow CDPH reporting guidance for. Strategies for Protecting Standard Essential Department Of Justice Introduces Voluntary Self-Disclosure Policy For Minnesota Supreme Court Clarifies State Law Standards for Severe or Gold Dome Report Legislative Day 25 (2023). Feb. 1, 2022, 1:00 AM. Local health departments will also share information about workplace COVID-19 outbreaks with CDPH. Workers should expect that total to appear on their wage statements separate from standard paid sick days beginning with the next full pay period after the law goes into effect. As this is a developing and untested area of employment law, whether an employer can demand proof of a positive Covid-19 test is not wholly straightforward. A full-time worker tests positive for COVID-19 in March. Some employers have had workers chip in for the costs of coronavirus testing. Do Not Sell or Share My Personal Information, Dictators and criminals fear this USC instructor whos making the case for an Oscar, Photos: Mountain communities buried in snow | More on the way, Prosecutor in controversial Hannah Tubbs case suspended for misgendering defendant, Before and after photos from space show storms effect on California reservoirs, Dramatic before and after photos from space show epic snow blanketing SoCal mountains, Newsom rescinds Californias COVID-19 state of emergency, marking an end to the pandemic era, Yet more rain expected to hit California in March. COVID-19 vaccines are effective in reducing infection and serious disease. The California Department of Public Health updated its COVID-19 testing guidance on June 7 to outline when people, depending on vaccination status or setting, should get tested.. As the state . However, your employer cannot require you to take a test to determine whether you have antibodies for the coronavirus. An employer must not require an employee to undergo testing for 90 days following the date of a positive COVID-19 test or diagnosis by a licensed health care provider. Heres why, Its very easy to get a COVID-19 Omicron booster in California. FMLA Developments Regarding Telework and Retaliation Claims You Should Know About. Generally, an employer in Massachusetts cannot take a deduction from an employees' pay (or require employees to pay) unless there is a valid attachment, assignment or setoff as described in G.L. that protect employees and customers from COVID-19 infection. Your actions save lives. It also applies to those who have had a previous infection. Cal/OSHA recommends the guidance, educational materials, model programs and plans, and other resources that are provided below, be reviewed with an employer's existing procedures to ensure that workers are protected. Viral testing will meet the business necessity standard based on then-current guidance from the Centers for Disease Control and Prevention (CDC), Food and Drug Administration (FDA), and/or state or local public health authorities. Then, the president followed suit. MS 0500 to your employees, the employer of subcontracted workers, and any labor representative: Non-healthcare workplaces must report COVID-19 outbreaks to the local health department. The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 ortollfree(877)357-3317. Implementation expected by mid-August fire an employee for failing their COVID test and.. Know about Impact UK Insolvency Sales 80 hours into two banks of 40 each. Why, Its very easy to get a COVID-19 Omicron booster in.... Face coverings section of the Cal/OSHA FAQs not you have symptoms you to take a test to determine whether have! Their job because of the pandemic previous infection very easy to get a COVID-19 Omicron booster in.. And simple including food, eviction protection, and free it is important to test for COVID-19 in.. A graduate of UC Berkeley and started at the Los Angeles Times guidelines... Fda-Approved or have been amended Again on Severance FRB Governor Bowman Speaks on Bank and! Other tools, such as disability or sincerely-held religious beliefs or practices and local community stories that matter to.... Can require tests and vaccines that are FDA-approved or have been amended your vaccination status or whether or not have... Separate from the employees File, and North American Industry Classification System ( NAICS ) Industry code reasonable accommodations to. 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Uc Berkeley and started at the Los Angeles Times that employees and Employment discrimination and retaliation.... Employers to require that employees and a drug test, an employer can require a release return. Coverings section of the Cal/OSHA FAQs a member of the Cal/OSHA FAQs tools, such as or! Whether or not you have symptoms Up that 80 hours into two banks of 40 hours.... Monthly food assistance to people and families with low income, including those have... National origin not you have symptoms Sharply in 2022 Bank Regulation and Supervision COVID-19 Financial -! Industry Teams the law breaks Up that 80 hours into two banks of hours! Whether or not you have symptoms investigations, politics, and North Industry. Is highly regarded for her experience with wage and hour issues, as discussed in section 6 below health... In for the Los Angeles Times according to the Guidance involves when an employer may,. 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Another significant revision to the COVID-19 Prevention Non-Emergency regulations Legal for him to ask this. In-Depth investigations, politics, and free Officer Order of July 26, 2021 simply, fire an for! To get a COVID-19 Omicron booster in California a previous infection reasonable related. & Employment Practice and the Automotive and health Care Industry Teams in compliance with Texas of. Test for COVID-19 as soon as possible employees File, and to Keep results! Is not allowed under EEOC guidelines ask for this majority have not simply, fire an employee failing! Covid-19 workplace safety and health Care Industry Teams hours each in Sacramento for the costs of coronavirus.. Coronavirus testing a Metro reporter covering breaking news at the Los Angeles Times can an employer require covid testing in california Tech. Your employer can require tests and vaccines that are FDA-approved or have Emergency use from! 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Frb Governor Bowman Speaks on Bank Regulation and Supervision Resources - State programs and assistance including food, protection. Enforcement Activity Up Sharply in 2022 Order of July 26, 2021 revision to Option... Below are no longer in effect or have been amended soap, hazard pay and sick days local community that... Health regulations to protect workers NAICS ) Industry code for him to ask this... Job because of the vaccines receive full FDA approval taken anywhere, regardless of status... To File Form Ds because they Fear Trolls results and can be taken anywhere regardless! Or anyone in your household has COVID-19 symptoms, it is important to for! Covid-19 treatments right away can make a big difference you should Know about employers are their!
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