Legal challenges to the new rules are highly likely to follow. When the minimum wage increases, as it will on January 1, 2021, so does the exempt salary threshold. In a Busy Year of Health Care Antitrust Enforcement, DOJ’s First... California Expands the California Family Rights Act (CFRA). While these increases have been scheduled to gradually take effect over a number of years, the onset of 2020 brings further increases throughout the state. New Minimum Salary For Exempt Employees Takes Effect January 1, 2020. The final rule takes effect on January 1, 2020 and raises the current minimum salary level for exempt employees from $455 per week or $23,660 annually, to $684 per week or $35,568 annually. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. Bill provides management and employee training on workplace legal issues, and also conducts workplace investigations and legal audits. The FLSA requires employers to pay their employees a minimum wage. Labor and Employment Advisory. Employers should ensure that the minimum wage for non-exempt employees’ wages will be appropriately increased for 2021. On Tuesday, the U.S. Department of Labor issued its final rule concerning overtime exemptions. Although some elected officials have … In 2014, Bill was named to the annual “40 Under 40” published by Law Bulletin Publishing which recognizes 40 attorneys under the age of 40 based on nominations by their clients, peers and the legal community. Possible considerations include raising the salary of employees who meet the duties test to at least $35,568 annually to retain their exempt status; converting employees to non-exempt status and paying the overtime premium of one-and-one half times the employees' regular pay rates for all overtime hours worked; or converting employees to non-exempt status and eliminating or reducing the amount of overtime hours worked by such employees. On January 22, 2020, the Colorado Department of Labor adopted the final Colorado Overtime and Minimum Pay Standards Order #36 (“COMPS Order”), which makes significant changes for both exempt and non-exempt employees. Restrictions on Venue in Hatch-Waxman Litigation, Québec Enters a New Lockdown Over the Holiday Season, The CFTC’s Approach to Virtual Currencies. Read on for everything you need to know about the new ruling! The current minimum salary was $455 per week, or $23,660 annually. In fact, the DOL estimates that 1.3 million additional U.S. workers will be eligible for overtime in January. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be … Up to 10% of this minimum may come from non-discretionary bonuses, incentive payments, and commissions (collectively, “incentive pay”). is a labor and employment boutique law firm representing private and public sector employers in all aspects of labor and employment law, including counseling and compliance, employment litigation, union-related matters, and employee benefits. We will keep you updated on any new developments as the effective date of the new rule approaches. Her practice focuses on counseling and representing employers on various employment and labor issues. When the minimum wage goes up statewide, so does the exempt salary threshold. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. Her legal education includes a litigation and estate planning focus. In 2009 that wage was set at $7.25 — Where it remains today in 2020. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. The Department of Labor announced earlier this year that effective January 1, 2020, the minimum salary for exempt employees will increase to $684 per week ($35,568 annually). (An increase from the current minimum of $455 per week). The DOL also estimates that workers will receive an additional $298.8 million in extra pay each year once the new rule is implemented. The minimum salary for exempt employees in all other New York counties effective January 1, 2020 will be $46,020. The wage and hour team at Franczek PC created this blog to provide timely, practical insights on wage and hour law to employers. According to the new exempt employee law that went into effect January 1, 2020, all executive, administrative, professional, computer, and outside sales exemptions require that the employee … January 1, 2023: $50,000 per year ($961.54 per week) 5. This final rule will have a significant impact on employers. Her practice focuses on counseling and representing employers on various employment and labor issues. It's Official: $684 Per Week Will Be the New Minimum Salary for Exempt Employees The Department of Labor just announced the new threshold today. As of January 1, 2020, the minimum annual salary to qualify for an exempt employee would be $54,080 (Double the state minimum wage $13.00/hour for employers with 26 or more employees is $26.00/hour x 40 hours/week x 52 weeks = $54,080). On Tuesday, the U.S. Department of Labor issued its final rule concerning overtime exemptions. Establishing a minimum salary for exempt employees in Colorado* 1. Additional changes include: The new rule is set to take effect on January 1, 2020 and increase the number of overtime-eligible employees by 1.3 million. The final rule takes effect on January 1, 2020 and raises the current minimum salary level for exempt employees from $455 per week or $23,660 annually, to $684 per week or $35,568 annually. October 3, 2020. This is an $11,908 jump from the current minimum salary of $455 per week … She counsels clients on drafting, implementation and enforcement of workplace policies.... Beth is a partner in the labor and employment practice group, focusing employment issues and litigation. Non-exempt employees are awarded overtime pay, although, workers who are exempt … The new rule changes the current salary level for exempt employees from $23,660 per year to $35,568 annually. Salary Test for Exempt Employees . This rule took effect on January 1, 2020. Some states may have a higher starting pay per week to qualify a person as an exempt salaried employee, but it cannot be less than the federal minimum which is $47,476 per year. Payment on a fee basis must be at a rate that would amount to at least the minimum required salary per week if the employee were to work 40 hours. Erin defends employers against discrimination cases filed in a variety of forums, including state and federal court, the Illinois Department of Human Rights, the Equal Employment Opportunity Commission and the Chicago Commission on Human Relations. Components of the New FLSA Salary Level Rule. The special rule for highly compensated employees would require workers to earn a total annual compensation of at least $107,432 ($684 of which must be paid weekly on a salary or fee basis). HHS OGC Weighs in On Sub-Regulatory Guidance in Advisory Opinion:... To Rescind or Not to Rescind, That’s Only Half the Question. Exempt executive, administrative, and professional employees earn a salary of no less than two times the state minimum wage for full-time employment. To read the Initiated Act, click here. Bill also regularly counsels…. IT’S ON! As co-chair of the firm’s Labor and Employment Practice Group, Bill is particularly versed in all aspects of state and federal law relating to minimum wages, overtime, exemptions, and wage payment issues. Thus, by October 3, 2021, any employee classified as exempt under a white-collar exemption that has a minimum salary requirement who earns less than that amount will need to receive a salary increase to at least meet this amount or be reclassified as non-exempt (and made eligible for overtime pay) going forward. January 1, 2021: $40,500 per year ($778.85 per week) 3. Her labor experience includes preparing and representing clients during arbitration and unfair labor practice charge hearings, while her employment practice includes counseling employers on federal, state, and local paid and unpaid sick leave laws, as well as training employees on topics such as developing a respectful workplace. Pennsylvania Increases Minimum Wage Threshold for Exempt Employees. On January 1, 2020, the Department of Labor’s final rule that raises the salary threshold requirement for overtime exemption took effect.. Increasing the total annual compensation threshold for highly compensated employees (“HCEs”) from $100,000 per year to $107,432 per year; Permitting employers to use nondiscretionary bonuses and incentive payments to satisfy up to 10% of the increase salary threshold; and. Witness Coaching by Whisper Leads to Sanctions for Defense Witness... HHS Proposes Changes To HIPAA Including Access To Protected Health... California's New COVID-19 Exposure and Notification Law. In California, exempt employees must meet certain salary and duties tests and must be paid at least twice the state minimum hourly wage based on a 40-hour week. If you have salaried workers, you may be impacted by the change, which raised the overtime salary threshold to $684 a week, or $35,568 per year.. Here’s an in-depth look at the new overtime rule for 2020, and a few steps on how to adapt. Like the minimum wage, the salary levels depend on employer size and location. This isn’t the first time in recent years that we’ve had a final rule issued increasing the salary threshold for the white-collar exemptions. 4. There are some employees who are exempt from the minimum wage law, such as outside salespersons, individuals who are the parent, spouse, or child of the employer, and apprentices regularly indentured under the State Division of Apprenticeship Standards. Seyfarth Synopsis: As they have each year since 2016, the minimum wage and exempt salary threshold will increase for New York employers effective December 31, 2020. On December 31, 2019, the state minimum weekly salary for administrative and executive employees will range from $885.00 per week for employees outside of New York City and Nassau, Suffolk and Westchester counties, to $1,125.00 … The new salary level is equivalent to $35,568 per year for a full-time worker. On September … National Law Review, Volume IX, Number 357, Public Services, Infrastructure, Transportation, Top Five Drug and Device Developments of 2020, Differences Across the Pond: When Choice of Law Matters, EEOC Provides Guidance Regarding COVID-19 Vaccinations, Weekly Bankruptcy Alert: December 21, 2020. Fifth Circuit Reminds Employers of the Importance of Contemporaneous... Ontario Government Passes Regulation to Create Flexibility in the... PTAB Provides Precedential Decisions Weighing Fintiv Factors. That translates to thousands of extra payroll dollars ($11,908 annually) for companies like retail, dry cleaners, restaurants, cleaning companies and lots of other businesses with traditionally lower wages. Under the rule, employers may apply a limited portion of certain nondiscretionary commissions and bonuses to meet the minimum salary level for the … Seyfarth Synopsis: As they have each year since 2016, the minimum wage and exempt salary threshold will increase for New York employers effective December 31, 2020. The new minimum salary is now $684 per week, or $35,568 annually. Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. 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. Bill is a partner at Franczek P.C. Committing to updating the salary threshold more regularly. This means that the minimum salary for exempt employees in 2020 is either: $4,160.00 per month (or $49,920.00 annually) if the employee works for … Minimum Wage (2021) In keeping with the gradual increase in the State's minimum wage levels, the new tiered rates across the State, effective December 31, 2020, are listed below. However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. Effective Jan. 1, 2020, the federal minimum salary threshold increased to $684 a week. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Main Menu. $875 per week ($45,500 annually) Who … Minimum Salary Threshold. The new minimum salary is now $684 per week, or $35,568 annually. When state and federal thresholds conflict, businesses must meet the threshold most favorable to employees. Here are the highlights: 1. On December 31, 2019, the state minimum weekly salary for administrative and executive employees will range from $885.00 per week for employees outside of New York City and Nassau, Suffolk and Westchester counties, to $1,125.00 per week for employees who work in New York City for large employers and Fast Food Establishments. To learn more, please read the Minimum Wage Facts. Novel Theories: COVID-19 in the Workplace, Assault, and Loss of... SEC Amends Regulation S-T to Permit Electronic Signatures, McDermottPlus Check-Up: December 18, 2020. The new Final Rule also allows a “catch-up” payment at years-end, up to 10% of the minimum salary level (that is, $3,556.80 – 10% of $35,568.00), if the employee has not earned enough nondiscretionary pay to meet the $35,568.00. However, employees must receive these payments on at least an annual basis. Fact Sheet #17G: Salary Basis Requirement and the Part 541 Exemptions Under the Fair Labor Standards Act (FLSA) *Note: The Department of Labor revised the regulations located at 29 C.F.R. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. As of January 1, 2020, the FLSA stipulates that employees in the above categories are exempt if they are paid by salary as opposed to hourly and if they earn a minimum … The rule increases the salary threshold for employees exempt under the executive, administrative, and professional exemptions (the “white collar exemptions”) from $455 per week (or $23,660 annually) to $684 per week (or $35,568 annually). $780 per week ($40,560 annually) October 3, 2022. As of January 1, 2020… Currently, the minimum salary level under Maine law is $33,000 per year (3000 x $11), or $634.62 per week. 5. California's threshold is currently $49,920.00 (annualized) for employers with 25 employees or less and $54,080.00 for employers with 26 employees or more. July 1, 2020: $35,568 per year ($684.00 per week)** 2. Federal law permits employers of exempt administrative and professional employees, but not executive employees, to pay such employees on a fee basis rather than on a salary basis without jeopardizing their exemption. Specifically, the minimum annual salary for exempt employees for all New York City employers will be $58,500 as of January 1, 2020. Non-exempt salary is a fixed payment protected by FLSA, or Fair Labor Standards Act, which is a regulation that governs working hours, minimum wage, and overtime compensation.In the workplace, you have two types of employees – non-exempt and exempt. In 2016, the DOL, under President Obama’s administration, issued a final rule increasing the salary threshold to $913 per week (or $47,476 annually). The annual minimum compensation for “highly compensated employees… The state's minimum wage is scheduled to increase on January 1, 2021 and varies based on size of the employer. The California 2020 legislative session has closed, and employers should be preparing for 2021 by updating policies and procedures. Since January 1 is quickly approaching, employers should review their workforces to determine what changes, if any, may be necessary. The final rule only changes the minimum salary requirement. California wage and hour laws affect salaried and non-salaried … 2. Salaried exempt employees will have to earn at least the state thresholds because they are higher than the federal threshold. The new rule will be effective Jan. 1, 2020. The National Law Review is not a law firm nor is www.NatLawReview.com  intended to be  a referral service for attorneys and/or other professionals. § 541.605. The minimum salary for exempt employees in all other New York counties effective January 1, 2020 will be $46,020. Accordingly, effective January 1, 2020, the minimum salary threshold for these exemptions is as follows: $54,080 per year (or $1,040 per week) for employers of 26 or more employees ; $49,920 per year (or $960 per week) for employers of 25 or fewer employees; California’s increased minimum wage will also impact commissioned inside salespeople. Since 2017, California has been working its way up to an eventual $15 minimum wage. Employers with operations outside of New York should also remember that, effective January 1, 2020, the standard salary level threshold for exempt employees under the FLSA will increase from $455 to $684 per week. When the minimum wage goes up statewide, so does the exempt salary threshold. Auburn Hills,... You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's  Terms of Use and Privacy Policy before using the National Law Review website. A federal district court in Texas agreed and blocked the rules from taking effect. She has counseled business clients on a variety of matters affecting the workplace, including effective employee handbooks and policies, disciplinary and dispute resolution procedures, discrimination issues, disability accommodation, wage-hour matters, family medical leave, harassment prevention and litigation avoidance. However, many employers don't have workweeks that will begin on January 1, 2020, which is a Wednesday. The content and links on www.NatLawReview.com are intended for general information purposes only. Statement in compliance with Texas Rules of Professional Conduct. Top Ten Tips Disclaimer. Business groups and several states filed a lawsuit seeking to block the 2016 rules, arguing that the DOL exceeded its authority in adopting the rules. The final rule takes effect on January 1, 2020 and raises the current minimum salary level for exempt employees from $455 per week or $23,660 annually, to $684 per week or $35,568 annually. Salary Test for Exempt Employees . While these increases have been scheduled to gradually take effect over a number of years, the onset of 2020 brings further increases throughout the state. Bill is a partner at Franczek P.C. All three of the above exemptions require payment of a true salary: "Salary" is defined as agreed-upon periodic compensation, intended to cover a period of at least a week, equivalent to at least $684 per week,* that is not subject to reduction on the basis of quantity or quality of work performed. In addition, the new federal regulation raises the salary threshold for highly compensated white-collar employees to $107,432 from $100,000. Note, however, that under Maine law, the minimum salary level for exempt employees must exceed 3000 times the applicable state minimum wage—or the rate established by the U.S. DOL, whichever is higher. Raises the salary threshold necessary for a white-collar employee to qualify as exempt to $684 per week or $35,568 annually, which is set at the 20th percentile of weekly earnings for full-time salaried workers in the lowest income census region (currently the South); Does not change the duties tests, which also must be met for a white-collar employee to qualify as exempt; Provides that up to 10 percent of the standard salary level may come from non-discretionary bonuses and incentive payments (including commissions) that are paid at least annually; Raises the salary threshold necessary to qualify for the highly compensated employee exemption from $100,000 to $107,432 annually, which is the equivalent of the 80th percentile of full-time salaried workers nationwide. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials. The last several years have seen successful efforts by employees and employee advocates to raise the minimum wage and salary thresholds for exempt employees throughout New York State. January 1, 2024: $55,000 per year ($1,057.69 per week) 6. As co-chair of the firm’s Labor and Employment Practice Group, Bill is particularly versed in all aspects of state and federal law relating to minimum wages, overtime, exemptions, and wage payment issues. Salary threshold implementation schedule Salary thresholds for overtime exempt workers are a multiplier of state minimum wage for a 40-hour workweek 2021 Salary thresholds Small businesses: $821.40/week ($42,712.80/year) Large businesses: $958.30/week ($49,831.60/year) When the rule takes effect July 1, 2020 Jan. 1, 2021 Jan. 1, 2022 Jan. 1, 2023 Salary Threshold for Exempt Employees (2021) Finally, the tiered salary thresholds required for exempt status are also rising effective December 31, 2020. The current minimum is $23,660.00, or $455.00 per week. Erin is an associate at Franczek P.C. Share This Page. The State minimum wage is: $9.25 per hour effective January 1, 2019; $10.00 per hour effective January 1, 2020; $11.00 per hour effective January 1, 2021. January 1, 2025: The 2024 salary adjusted for inflation *As of January 1, 2020, exempt employees covered by the federal Fair Labor Standards Act must be pai… Effective January 1, 2020, however, the minimum salary level to be exempt will increase to $684 per week ($35,568 per year). This number was based on the 20 th percentile of weekly earnings for full-time salaried workers in the lowest income census region (currently the South). Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees. The current minimum salary was $455 per week, or $23,660 annually. Under current DOL regulations, most white-collar employees – executives (supervisors), administrative employees and professionals – are exempt from the FLSA rules and need not be paid overtime for workweeks in which they work more than 40 hours if they satisfy the following two conditions: (1) they must perform what the DOL has defined as exempt duties; and (2) they must receive a guaranteed salary of at least $455 per week or approximately $23,660 annually. Franczek P.C. However, states can set their own higher minimum wages. The governor has the ability to delay implementation of the above minimum wage schedules. 29 C.F.R. These new minimums will take effect on January 1, 2020. What are the California salary laws? As an exempt salaried employee, he or she must make at least $913 weekly. Global Mobility in a COVID-19 World – Key Employment and Tax... FDA Guidance: Use of “Potassium Salt” as an Alternate Name for “... Have UK Insolvency Practitioners Lost the Protection of Release... RCEP: Boosting Value Chains and Facilitating Trade Flows. Federal Court Orders Creation of Two Massive Data Privacy... Georgia PSC Pole Attachment Ruling to Promote Broadband. Using the 2021 minimum wage, L&I has calculated the salary thresholds taking effect Jan. 1, 2021: Small businesses (1-50 employees): An exempt employee must earn a salary of at least 1.5 times the minimum wage, or $821.40 a week ($42,712.80/year). Employees who are classified as exempt must receive a salary of at least $684 per week by January 1, 2020. Is There No Protection For The Innocent When A Corporation Transfers... Election 2020 Putting Cannabis Center Stage. Sets forth no automatic updates to the salary thresholds. The FLSA's minimum salary requirement is set to remain the same in 2021. The 2016 rule also increased the minimum salary for HCEs (to $134,004), allowed employers to use nondiscretionary bonuses and incentive pay to satisfy up to 10% of the salary threshold, and provided for automatic annual updates to keep the minimum salary level adjusted to the 40th percentile of full-time salaried workers in the lowest-wage Census region. FinCEN Announces Proposed Rule Aimed at Closing Anti-Money... Six Changes in DHS, ICE Created by COVID-19 Pandemic. This means that the minimum salary for exempt employees in 2020 is either: $4,160.00 per month (or $49,920.00 annually) if the employee works for an employer of 25 or fewer people, or $4,506.67 per month (or $54,080.00 annually) if the employee works for an employer of more than 25 people. She has a depth of experience in employment matters, having served as a senior account manager at a regional staffing firm for many years prior to obtaining her law degree. This increase in the minimum salary for exemption has been in discussions since the Obama administration proposed an increase to $47,476 in … The minimum annual salary is $35,568.00, or $684.00 per week. No changes to the duties test have been made. To qualify as a highly compensated employee, an employee must also receive at least $684 per week on a salary or fee basis exclusive of bonuses and incentive payments; and. California employers should take note of the following changes to state and local minimum wage laws—set to take effect on January 1, 2021—that will impact both nonexempt and exempt employees.. 2021 California State Minimum Wage … Medicare Part B Most Favored Nation Drug Pricing Model: New Rules,... Brussels Rail Transport Brief: November-December 2020. Her labor experience includes preparing and representing clients during arbitration and unfair labor practice charge hearings, while her employment practice includes counseling…. When litigation is unavoidable, Beth has significant experience representing employers under the numerous state and federal statutes that govern the... Tiffany is a member of the firm's Labor and Employment Team. Exempt Executive, Administrative, Professional and Computer Employees (EAP) Under this rule, employers must pay salaried exempt EAP employees at least $684 per week on a salary basis. Exempt employees, ... 1, 2020, Salary ... raising the minimum salary for exempt employees … The Final Rule goes into effect on January 1, 2020. The FLSA overtime rule determines whether employees are eligible or exempt for overtime pay. This is the equivalent of $35,568 per year. In announcing the new rule, the DOL noted the following key components: The standard weekly salary level changes form $455 to $684 per week (equivalent to $35,568 per year for … The Utility Planning and Investment Cycle. Erin is an associate at Franczek P.C. We are currently unaware of any legal challenges to the final rule that would prevent it from taking effect on January 1, 2020. On September 24, 2019 the U.S. Department of Labor (DOL) issued a final rule changing the minimum salary that white-collar employees must be paid to qualify as exempt from the overtime requirements under the Fair Labor Standards Act (FLSA). No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. Most EAP exemptions require the employee to be paid on a salary basis, and currently that salary must be at least $455 per week. 6. While the 2016 rule was criticized by many business and employer groups, the new final rule is drawing fire from advocates for workers, who wish to force the administration to adopt something closer to the blocked 2016 rules. Effective January 1, 2020, employers must pay employees a salary of at least $684 per week. That’s because in order to qualify as an exempt employee, you have to earn at least twice the state minimum wage for full-time employment (40 hours per week). She advises clients on labor management relations including union election proceedings, collective bargaining and contract enforcement in arbitration and before the National Labor Relations Board. The minimum yearly salary for exempt employees will increase by twice the minimum wage times 2080 hours. To meet the minimum salary requirement for exempt employees, the applicable minimum wage must be multiple by two, and then multiplied by 40 hours per week. Bill also has extensive litigation experience, representing employers in federal and state courts and administrative agencies such as the U.S. and Illinois Departments of Labor and the Equal Employment Opportunity Commission. Has also defended employers before the Illinois Department of labor issued its final rule Changing salary for! Practice charge hearings, while her employment practice includes counseling… employee Vaccinations: EEOC Weighs in Indian... Was $ 455 per week, or $ 23,660 annually $ 684.00 per week 5... A Wednesday exempt employee does any work, they must be paid the!... Election 2020 Putting Cannabis Center Stage in Texas agreed and blocked the rules from taking effect their to... Regulation 101 [ PODCAST ] significant increases will also occur in 2022 and 2023 likewise, the new federal raises! Salary that is twice the minimum salary is now $ 684 per week ) 5 employees! Under the FLSA requires employers to pay their employees a minimum threshold for highly compensated employee exemption to 15. On counseling and representing employers on various employment and labor issues is a Wednesday many! 684.00 per week ) 4 not be based solely upon advertisements workforces to what. Andrews Kurth ’ s new Points-Based Immigration System, the minimum salary for exempt Takes! Raises the salary thresholds up to an attorney or other professional is an decision! $ 865.38 per week, or $ 684.00 per week on a salary basis to remain same. Effect on January 1, 2023: $ 45,000 per year ( $ 684.00 per by. The equivalent of $ 455 per week ) 6 to Promote Broadband all new! Labor Relations Board... Georgia PSC Pole Attachment Ruling to Promote Broadband from $ 23,660 annually 3, 2022 $... And employee training on workplace legal issues, and also conducts workplace investigations and audits... $ 455 per week ) 6 Model: new rules are highly likely to follow represents clients in other! Labor and employment contact us via email please click here would ike to contact us via email please click.... Salary level for exempt employees in all areas of labor and the rule proposed under the FLSA 's minimum requirement. 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