Make It as Simple as PB&J

A few years ago, a comedian took a video of himself with his two children as he followed their written instructions to make a peanut butter and jelly sandwich. In the video, he follows his kids’ instructions exactly. As you might have guessed, it goes rather poorly.

Instruction: Put the peanut butter on the bread.

Dad: Puts the jar of peanut butter on the slice of bread.

Instruction: Take one piece of bread, spread it around with the butter knife.

Dad: Takes a plain piece of bread and spreads it around on the counter using a butter knife.

Instruction: Get some jelly, rub it on the other half of the bread.

Dad: Rubs the jar of jelly on the other slice of bread.

And so it goes. Complete chaos. While this video is hilarious, it speaks to a fairly common issue in the world of business. How often do we give or receive instructions that are lacking? If you’ve ever had to build a complicated piece of furniture from Ikea, you know the utter rage such things can incite. Despite the fact that Ikea does everything it can to make its instructions perfect—pictures and all.

It’s not that simple

How often do we leave gaps in our explanations, and send someone off with instructions made up of 50% assumptions that they think the same way we do or know the same things we do? It’s not surprising, really. Writing instructions—good instructions—is tedious. It’s boring. We already know what we’re asking for, leaving us inclined to leave out the obvious.

But not everyone has the same brain, the same frame of mind, or the same references. This means leaving out what’s obvious for you could be leaving out a key ingredient for the reader.

It’s all in the details

When you hire a new employee, change leadership, or implement a new piece of technology, how common is it for things to go awry? Think about how easy it is for roles to get mixed up or tasks to be incorrectly completed. This type of thing doesn’t just frustrate everyone—it wastes time and money. And the worst part is, it’s avoidable. If only you had prepared thorough instructions.

So next time you’re writing out instructions, follow these steps:

  1. Write down everything.
  2. Don’t skip anything.
  3. Walk yourself through the instructions after you’ve written them. Take them literally.
  4. Ask someone else to read through them and look for gaps.
  5. Treat it like you’re talking to an alien. Don’t assume they know what anything means.

This isn’t a flashy topic, but it’s an essential one. While you’ve been trained to do many things, you’ve probably never been trained to write instructions. We all just assume everyone knows how—but they don’t really. Because “common sense” is dependent on common experience—and those aren’t the same for everyone.

Next time you’re writing instructions, ask yourself: is it worth a short amount of tedium now to be as detailed as possible, or a more frustrated, repeated tedium later when you have to start over? The answer is obvious.

 

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Photo by Iurii Golub

What Marketing Stats Can Teach Us About Human Behavior

Whether you’re in HR, marketing, sales, the C-Suite, or customer service, you rely on people. You need them to listen, to purchase, to follow, to keep coming back to you. And while your audience might be different, people are generally the same.

As the world of marketing has boomed over the past decade, so has its reliance on data and its ability to derive knowledge from it. Some data is too specific, but some data speaks on a grander scale, tying into modern human behavior and sentiment that we can use to inform just about any part of business.

Stat: After a bad experience, 88% of visitors won’t return to a website.

We live in a world of abundance. Customers have seemingly endless choices when it comes to where they spend their money and time. If they don’t like their experience with you, they can return to Google and click the next link in their search.

What can this teach us? That you have to prioritize your customer’s experience—even if your product is the best on the market.

If you work in HR, this correlates to an employee’s onboarding or offboarding experience. If they have a bad one, their entire perception of the organization can be tainted. If you’re in sales, think about the experience your prospects have with you. Are you calling them once and then forgetting about them? Or are you only focusing on trying to sell them the product of the highest value despite whether it’s right for them?

Ultimately, your audience’s experience as they are introduced to you, your website, your product, or your organization, sets the tone for your entire relationship. If you’re not making your best effort to give them a quality experience, they won’t be inclined to stay for long.

Stat: Nearly 100% of first impressions of a website are based on aesthetics and design.

While we’ve all heard the saying “don’t judge a book by its cover,” these days, that’s how people decide whether you care about them. If you haven’t updated your sales presentation since 2015, no one will take you seriously because they won’t feel taken seriously. If your employee handbook is ten pages of technical language without text breaks, no one will take the time to read it. If you show up to your job interview in an old t-shirt and ripped jeans, they aren’t going to give you a chance.

The way you present your information, value proposition, business, or company values is just as important as the information you’re trying to convey.

Stat: Every dollar invested in user experience results in an ROI of up to $100.

Investing your time, energy, and money into the experience of your audience pays off. While this may be common sense, it’s still one of the most impactful concepts you can learn. If your business sells products online, have you taken the time to walk in your customers’ shoes? Do you know what it’s like to purchase something from your own site?

If you’re preparing for a sales meeting, do you research your lead? Do you know what their pain points are, what their values are, what their goals are? Have you role-played your presentation?

As an HR leader, have you reviewed your employee benefits usage? Do you know what their experience is during open enrollment? Have you tried to seek out ways to improve it?

The success of your venture rests upon the ease of engagement for your audience. The easier it is for them to say yes, make the purchase, and understand what you’re telling them, the more often you’re going to succeed.

The underlying truth

Ultimately, each of these statistics tells us one fundamental truth: it’s not about you—it’s about your audience. Suppose your first concern is impressing your audience with your experience or making sure they buy the most profitable product or hit all the boxes on your compliance checklist. In that case, you’re setting yourself up for building low-quality relationships that won’t last.

If, however, you’re concerned with what they see when they first meet you, if you’re careful about how they receive the information you’re communicating, and if you’re bent on making it as easy as humanly possible to engage with you, then you’re setting yourself up for success. It’s that simple.

 

 

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Congress Passes the American Rescue Plan Act

Congress Passes the American Rescue Plan Act

Congress has passed, and President Biden has signed, the American Rescue Plan Act, 2021 (ARPA), the third COVID-19 stimulus bill.  This new $1.9 trillion stimulus package includes several health and welfare benefits-related provisions relevant to employers and plan sponsors, as summarized below.

FFCRA Paid Leave Extended and Enhanced

While COVID-19 vaccines are starting to become more readily available, the pandemic continues. In recognition, Congress extended through September 30, 2021, the refundable payroll tax credits for emergency paid sick leave (EPSL) and extended family and medical leave (E-FMLA), which were enacted pursuant to the Families First Coronavirus Response Act.  As with the extension through March 31, 2021 under the second stimulus package (the Consolidated Appropriations Act, 2021), only the tax credits are extended, which means compliance with the EPSL or E-FMLA requirements is voluntary for employers after December 31, 2020.

The ARPA expands FFCRA leave in several ways for employers who choose to offer it from April 1, 2021 through September 30, 2021:

  • The 10-day limit for EPSL resets as of April 1, 2021. Employees were previously limited to 80 hours from April 1, 2020 through March 31, 2021.
    • Paid leave continues to be limited to $511 per day ($5,110 total) for an employee’s own illness or quarantine (paid at the employee’s regular rate), and $200 per day ($2,000 total) for leave to care for others (paid at two-thirds of the employee’s regular rate).
  • A new “trigger” is added under both the EPSL and E-FMLA provisions. Employees qualify for leave if they are:
    • seeking or awaiting the results of a diagnostic test for, or a medical diagnosis of, COVID-19, and the employee has been exposed to COVID–19 or the employee’s employer has requested such test or diagnosis;
    • obtaining immunization related to COVID–19; or
    • recovering from any injury, disability, illness, or condition related to such immunization.
    • MBWL Note: The ability of an employer to receive a tax credit for providing paid time off for an employee to receive the vaccine is a clear indication of the federal government’s desire to facilitate employees receiving a vaccine.
  • Leave under the E-FMLA provision is increased from $10,000 to $12,000, with $12,000 being the maximum an employer may claim for an employee in 2021.
  • Leave under the E-FMLA provision is expanded to be available for any EPSL-qualifying reason, which is when an employee is unable to work or telework because the employee:
    • is subject to a federal, state, or local quarantine or isolation order related to COVID-19;
    • has been advised by a health care provider to self-quarantine due to concerns related to COVID-19;
    • has COVID-19 symptoms and is seeking medical diagnosis;
    • is caring for an individual who is subject to a quarantine or isolation order;
    • is caring for a child if the school or day care center has been closed, or the child-care provider is unavailable, due to COVID-19 precautions; or
    • is experiencing any other substantially similar condition specified by the regulatory agencies.
  • E-FMLA leave taken on or after April 1, 2021 is not subject to the 10-day elimination period that applied previously under FFCRA.
    • An employee’s eligibility for E-FMLA may depend on when they used E-FMLA previously and how the employer establishes its 12-month FMLA period (e.g., calendar year, fixed period, measure-forward, or “rolling” 12 months).
  • For leave taken on or after April 1, 2021, the employers may take a credit against Medicare payroll tax only (1.45%); however, the credit continues to be refundable.
    • ESPL and E-FMLA credits are available for qualified health plan expenses and for the employer’s share of Medicare and Social Security taxes.
  • ARPA clarifies that refundable credits may be received by state and local governments that are tax exempt under Code 501(a).
  • ARPA adds a new nondiscrimination requirement that eliminates the credit for any employer that discriminates in favor of highly compensated employees, full-time employees, or employees based on tenure.

Dependent Care Assistance Program Limit Increase

In February, the IRS released Notice 2021-15, which provides guidance related to the relief for health FSAs and dependent care assistance programs (DCAPs) contained in the second stimulus bill. Unfortunately, the Notice failed to clarify with any certainty whether an employee may be taxed on any DCAP reimbursements in excess of $5,000 for the calendar year.  That issue is now settled by the ARPA, which increases the DCAP exclusion from $5,000 to $10,500 (from $2,500 to $5,250 in the case of a separate return filed by a married individual) for 2021. This relief is only available for calendar year 2021; however, it also implies that an employee could elect to increase their DCAP election to the newly available $10,500 limit for 2021 (based on the relief in Notice 2021-15).  A DCAP must be amended by the end of the 2021 plan year to take advantage of the increased exclusion limit.

Temporary Premium Tax Credit Enhancements

The Affordable Care Act’s premium tax credit program is significantly enhanced for 2021 and 2022. The existing income limit of 400% of the federal poverty level, after which individuals will no longer qualify for a premium tax credit, is lifted for 2021 and 2022. In addition, the applicable percentage of household income that individuals must pay for Marketplace coverage has been reduced at all income levels.  Special rules also apply to those individuals receiving unemployment compensation during 2021.

MBWL Note: The increased eligibility for premium tax credits makes it ever more important for applicable large employers (ALEs) to offer affordable, minimum value coverage to their full-time employees to avoid potential penalty exposure.

Temporary PTC Percentages Under ARPA
In the case of household income (expressed as a % of poverty line) within the following income tier: The initial premium percentage is— The final premium percentage is—
Up to 150.0% 0% 0%
150% to 200% 0% 2%
200% to 250% 2% 4%
250% to 300% 4% 6%
300% to 400% 6% 8.5%
400% and up 8.5% 8.5%

 

2021 PTC Percentages (Pre-ARPA)
In the case of household income (expressed as a % of poverty line) within the following income tier: The initial premium percentage is— The final premium percentage is—
Up to 133.0% 2.07% 2.07%
133% to 150% 3.10% 4.14%
150% to 200% 4.14% 6.52%
200% to 250% 6.52% 8.33%
250% to 300% 8.33% 9.83%
300% to 400% 9.83% 9.83%
400% and up Ineligible for PTC

COBRA Subsidy

The ARPA provides significant assistance to employees and their families who are eligible for COBRA (or state mini-COBRA) due to an involuntary termination of employment or reduction in hours.  The law provides a 100% subsidy for COBRA premiums from April 1, 2021 through September 30, 2021. The subsidy applies to group health plans other than health FSAs.

Employers who are subject to COBRA under ERISA (private employers) or the PHS Act (state and local governmental employers) are responsible for complying with the COBRA subsidy provisions.  Insurance companies are responsible for complying with the COBRA subsidy provisions for insured group health plans that are not subject to federal COBRA (e.g., when state “mini-COBRA” requirements apply to small plans that are not subject to federal COBRA, or to large group plans after federal COBRA is exhausted).  Additional highlights include:

  • The subsidy applies to an “assistance eligible individual” (AEI) who is any COBRA qualified beneficiary who is eligible for, and elects, COBRA during the period of April 1, 2021 through September 30, 2021, due to an involuntary termination of employment or reduction in hours. (The reduction in hours is not required to be involuntary.)
  • AEIs must be offered at least a 60-day window within which to elect COBRA coverage.
    • The 60-day period begins April 1, 2021 and ends 60 days after the date the notice is provided to the individual.
    • AEIs include individuals in their COBRA election period, and individuals who would be AEIs but whose COBRA coverage lapsed due to non-payment prior to April 1, 2021.
    • MBWL Note: Many AEIs will still be within their COBRA election period as a result of the Department of Labor’s disaster relief (Notice 2021-01).
  • COBRA coverage elected during the subsidy period will be effective April 1, 2021; employees are not required to elect retroactive to the date of their qualifying event or any other date prior to April 1, 2021, nor are they required to pay outstanding premiums for prior periods of coverage in order to secure subsidized coverage.
  • Employers will be entitled to an advanceable, refundable tax credit against Medicare payroll taxes (1.45%) to pay for coverage during the subsidy period. The DOL will provide forms and instructions for employers to apply for the credit.
    • Additional guidance is expected for multiemployer (union) plans and professional employer organizations (PEOs).
  • The subsidy is available until the first to occur of:
    • the qualified beneficiary becoming eligible for other group health plan coverage (other than coverage consisting only of excepted benefits, such as dental or vision, coverage under a health FSA, or coverage under a qualified small employer health reimbursement arrangement (QSEHRA));
    • the qualified beneficiary becoming eligible for Medicare;
    • the end of the qualified beneficiary’s maximum COBRA duration; or
    • September 30, 2021.
  • Qualified beneficiaries who fail to notify the plan that they are no longer assistance-eligible can be liable for a $250 penalty, which may be waived if the failure was due to reasonable cause and not willful neglect. An intentional failure can result in a penalty of $250 or 110% of the amount of premium assistance received, if greater.
  • Employers may allow currently enrolled AEIs to select new plans. An individual has 90 days from the date they are notified of the enrollment option to elect a different plan.  This option is available only if:
    • the premium for such different coverage does not exceed the premium for coverage in which such individual was enrolled at the time such qualifying event occurred;
    • the different coverage in which the individual elects to enroll is coverage that is also offered to similarly situated active employees; and
    • the different coverage is not coverage consisting only of excepted benefits, such as dental or vision, coverage under a health FSA, or coverage under a QSEHRA.
  • Required Notices to Individuals
    • General Notice / Notice of Subsidy Availability. Individuals who become eligible to elect COBRA during the subsidy period (April 1, 2021 – September 30, 2021) must be provided a notice that describes the availability of the premium assistance. The notice requirement may be satisfied by amending existing notices or by including a separate attachment. The notice must include:
      • the forms necessary for establishing eligibility for premium assistance;
      • the name, address, and telephone number to contact the plan administrator and any other person maintaining relevant information in connection with such premium assistance;
      • a description of the extended election period;
      • a description of the obligation of the qualified beneficiary to notify the plan when they are no longer eligible for a subsidy and the associated penalty for failure to do so;
      • a description, displayed in a prominent manner, of the right to a subsidized premium and any conditions thereon; and
      • a description of the option to enroll in different coverage if the employer so permits.
    • Notice of Extended Election Period. AEIs must be offered at least a 60-day window within which to elect COBRA coverage.
      • The 60-day period begins April 1, 2021 and ends 60 days after the date the notice is provided to the individual.
      • This includes:
        • individuals terminated on or after April 1, 2021;
        • individuals in their COBRA election period on April 1, 2021 (including any COVID-19-related extensions); and
        • individuals who would be AEIs but whose COBRA coverage lapsed due to non-payment prior to April 1, 2021.
      • Notice of Subsidy Expiration. Informs AEIs that the subsidy period is ending.
      • The notice must disclose that:
        • premium assistance for the individual will expire soon and the date of such expiration;
        • the individual may be eligible for coverage without any premium assistance through COBRA or coverage under a group health plan.
      • The subsidy expiration notice is not required if the subsidy is ending due to the individual becoming eligible for another group health plan or Medicare.
      • This notice must be provided not more than 45 days but no less than 15 days before the premium assistance ends.
      • Model Notices. The DOL must issue model notices of subsidy availability and extended election period within 30 days of enactment, and a model notice of subsidy expiration within 45 days of the law’s enactment.

What Does This Mean For Employers?

Employers and plan sponsors should consider whether they will adopt the extended FFCRA leave provisions and/or use them to incentivize employees to receive a COVID-19 vaccine. They should also ensure their COBRA vendors are prepared to assist in identifying and notifying assistance eligible individuals within 60 days of April 1, 2021.  The DOL also plans to provide outreach consisting of public education and enrollment assistance relating to premium assistance. Their outreach will target employers, group health plan administrators, public assistance programs, States, insurers, and other entities as the DOL deems appropriate. The outreach will include an initial focus on those individuals eligible for an extended election period. We also expect the DOL and other agencies to issue guidance on various issues related to the subsidy in the coming weeks.


About the Author.  This alert was prepared for Employee Benefit Consultants, Inc. by Marathas Barrow Weatherhead Lent LLP, a national law firm with recognized experts on ERISA-governed and non-ERISA-governed retirement and welfare plans, executive compensation and employment law.

The information provided in this alert is not, is not intended to be, and shall not be construed to be, either the provision of legal advice or an offer to provide legal services, nor does it necessarily reflect the opinions of the agency, our lawyers or our clients.  This is not legal advice.  No client-lawyer relationship between you and our lawyers is or may be created by your use of this information.  Rather, the content is intended as a general overview of the subject matter covered.  This agency and Marathas Barrow Weatherhead Lent LLP are not obligated to provide updates on the information presented herein.  Those reading this alert are encouraged to seek direct counsel on legal questions.

© 2021 Marathas Barrow Weatherhead Lent LLP.  All Rights Reserved.

 

You Should Nurture Relationships with Past Employees

It’s a fact that losing good employees is a major pain point for business owners. Not only is it hard (and expensive) to replace a quality employee, but replacing institutional knowledge, relationships, and experience takes a lot of time. But this doesn’t mean employers should avoid thinking about or preparing for the eventual departure of an employee. In fact, employee alumni networks and strong networking communities comprised of ex-employees may make the next step of hiring much, much easier.

While onboarding programs are all the rage among HR professionals and business leaders, it’s sadly common for employees to leave a company in a very different manner. New employees are greeted with training, communication, and team engagement, but an employee leaving a company may be met with an exit interview, a pat on the back, or in some cases, outright hostility, resentment, scrambling and confusion on behalf of their managers.

But this doesn’t make sense for both the business and the departing employee. According to the Bureau of Labor Statistics, the average job retention rate in the United States consistently hovers at around four years. In fact, business professionals have been noted to advise against staying in a job for too long to avoid damaging your career. So why do exiting employees so often get ignored or treated poorly?

The short answer? A lack of foresight. Previous employees can have a dramatic impact on a business even after they leave. They may come back in the form of clients, business referrals, vendors, brand ambassadors, and boomerang employees. The fact of the matter is that employees are almost never going to stay with your company for their entire career, so it makes sense for organizations to prepare—well in advance—for their eventual departure and subsequent post-departure impact on the business.

But how do you nurture relationships with previous employees?

Corporate alumni programs

These programs are popular among corporate industries, including legal, consulting, and financial services. They are designed to create a network for former employees to stay connected with their old colleagues and organizations, providing a space for them to continue growing and nurturing their relationships long-term.

According to a report by Conenza Inc. in conjunction with Cornell University, there are four main motivations people have for joining alumni programs:

  • Mission-driven
  • Career-minded
  • Pragmatic
  • Social-focused

With that in mind, it seems like a major loss for organizations to miss out on staying connected with people driven by these traits. After all, they all point to growth-driven mindsets that positively impact both the alumni and the organization.

Offboarding strategies

If you’re a smaller business or simply not a fit for an alumni program, there’s plenty you can do to maintain mutually beneficial relationships with employees after they’ve left your organization. The basics of offboarding aren’t complicated—it’s simply a step-by-step process that allows for clear communication and preparation as an employee arranges to depart, ensuring the employee and the organization have everything they need before the final day. Here are some simple steps you can take to help the process along:

  • Begin preparing for their eventual departure long before you expect them to leave by creating an offboarding program that matches your organization’s values, mission, and culture. You want employees to have a cohesive experience throughout their entire lifecycle. This will help you manage expectations and maintain trust even as an employee begins the exit process.
  • Create an ongoing dialog around career development that starts the moment an employee enters your ranks. Make it clear that while you hope employees will stay forever, you understand most employees change jobs every handful of years and you’ve created opportunities and resources for them to develop within your organization and stay connected with you after they leave.

Offboarding programs will help leaders not to go into chaotic damage control by creating a clear process for each step of the departure. It allows organizations to say, “We’ve prepared for this and made it simple and easy, so we can all continue on without anxiety.” It allows the employee to leave in a measured, calm way, and the organization to be prepared to handle their leaving without confusion or missed steps that would end up frustrating both the organization and the departing employee.

A mutual investment

For both individuals and organizations alike, the relationships developed, both externally and internally, are the foundation of success. They drive investment, engagement, reputation, and networking power. It’s simply common sense to get the best value out of the most intimate of these relationships—with your employees themselves. Remember, how you treat your employees—both current and past—has a determining effect on your reputation within your industry. Handle these relationships with intentionality and care, and reap the benefits of a robust, engaged, and long-lasting network.

 

Content provided by Q4iNetwork and partners

Photo by mavoimage

How HR Professionals Can Benefit from Learning the Sales Pitch

Over the past several years, HR’s role has steadily risen in stature, with more and more leaders recognizing the critical nature of HR functions and their impact on business growth and the bottom line. And HR has risen to the occasion by finding solutions to the chaos caused by the pandemic, driving vital culture changes to improve equality within the workplace, prioritizing diversity and inclusion, and developing new solutions to improve the employee experience.

But despite this upward trend, the task of pitching new ideas, plans, or strategies to the C-Suite isn’t without difficulty. While you may understand how the solution you’ve worked hard to develop is right for the business, it’s not exactly easy to convey this—especially when money is on the line.

As more solutions become available and the market for HR solutions grows, HR professionals need to prepare themselves for the inevitable fight for the “right one”. But this can’t be done in a power-play.

As you prepare for your next conversation about an HR solution you’d like to implement, consider approaching it like a “pitch.”

Understand your audience

While you may understand why the solution you’re pitching is the right one, that doesn’t mean it’s clear to the CEO or CFO of the company. As you work to frame the information you’ve gathered, consider each of your audience’s perspectives, and try framing your pitch to fit their specific lens:

  • A CEO generally keeps the grand vision for the organization front of mind. They want to know how any solution will help them reach their ultimate goals. They want to be reassured that each section of the company will engage successfully with the solution. And they’ll want to know why this solution is better than others.
  • A CFO is a different story. They want to know how this solution will affect the bottom line. They may be more interested in hard numbers, data, research, and comparative data between similar solutions.

As you approach these conversations, consider how you might frame the information you have to fit your audience’s specific questions before sitting down with them. Preparing yourself for the decision-makers’ inevitable questions and worries will help you develop confidence and build their confidence and trust in you as your conversation progresses.

Start with small steps

Instead of expecting a decision to be made right out the gate, consider setting up a series of meetings in which you approach your ultimate goal of implementing the solution over time, creating stepping stones that gradually bring the decision-makers to the finish line. Set clear goals for each meeting so they’ll know what to expect. Consider breaking down the conversation into a series of small steps:

  1. Set a preliminary meeting to talk about the current solution (or lack of solution) the organization has. Review how it’s going and identify what issues have arisen. Then take a look at the overall goals of the organization and identify areas that need attention. This meeting is an opportunity for you to uncover their concerns and goals, which will inform how you approach your second presentation.
  2. In your second meeting, frame your solution around the main points and concerns highlighted in the first discussion. This is your chance to explain why you think it’s the best fit. Don’t leave your expert opinion out, but don’t forget to address your audience’s concerns. Before asking them to make the final decision, propose bringing in someone from the company offering the solution or from a similar organization as yours that has implemented it.

By approaching the pitch as a series of small steps that lead to a bigger decision, you’ll remove the anxiety around making the final purchase and help build trust as they learn about the solution.

Practice

As you prepare, don’t forget to practice these conversations. Try roleplaying and writing a list of questions you might expect. While you may think you know everything about this solution, you don’t want to risk giving a sloppy, confusing answer when the moment strikes. Run through your presentation at least three times, and identify areas that can be clarified, simplified, or left out.

Remember, you are the expert in this situation. If you believe your solution will make a difference for your organization, you owe it to your team to be as prepared and knowledgeable as possible. You got this!

 

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Photo by Cathy Yeulet