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Horrific allegations of racism prompt California lawsuit against Tesla

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Warning: This story quotes a number of racist slurs allegedly directed at Black employees at Tesla’s California plant, in keeping with a lawsuit filed towards the corporate.

The N-word and different racist slurs have been hurled each day at Black employees at Tesla’s California plant, delivered not simply by fellow staff but in addition by managers and supervisors.

For the report:

4:05 p.m. Feb. 12, 2022An earlier model of this text stated that at the least 167 racial and sexual harassment fits have been filed towards Tesla since 2006. A minimum of 160 employee lawsuits have been filed over numerous grievances, not simply harassment.

8:31 a.m. Feb. 11, 2022An earlier model of this text said that Tesla operates the one main nonunion auto plant within the U.S. Tesla is the one main American automaker to function a nonunion plant within the U.S.

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So says California’s civil rights company in a lawsuit filed towards the electric-vehicle maker in Alameda County Superior Courtroom on Thursday on behalf of 1000’s of Black employees after a decade of complaints and a 32-month investigation.

Tesla segregated Black employees into separate areas that its staff known as “porch monkey stations,” “the darkish facet,” “the slave ship” and “the plantation,” the lawsuit alleges.

Solely Black employees needed to scrub flooring on their palms and knees, they usually have been relegated to the Fremont, Calif., manufacturing facility’s most troublesome bodily jobs, the go well with states.

Graffiti — together with “KKK,” “Return to Africa,” the hangman’s noose, the Accomplice Flag and “F– [N-word]” — have been carved into restroom partitions, office benches and lunch tables and have been sluggish to be erased, the lawsuit says.

Tesla responded to the lawsuit, filed by the Division of Honest Employment and Housing, with a weblog submit saying that the company had investigated virtually 50 discrimination complaints up to now with out discovering misconduct — an assertion the company denied.

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“A story spun by the DFEH and a handful of plaintiff corporations to generate publicity is just not factual proof,” the weblog submit stated, including that the corporate supplies “one of the best paying jobs within the automotive trade … at a time when manufacturing jobs are leaving California.”

The lawsuit comes within the wake of Tesla’s billionaire chief govt, Elon Musk, transferring the corporate’s headquarters from Palo Alto to Austin, Texas, the place he’s constructing a significant new meeting plant.

The state’s lawsuit suggests the relocation to a state recognized for looser enforcement is not any coincidence, declaring it to be “one other transfer to keep away from accountability.”

Not solely have been Tesla’s Black employees subjected to “willful, malicious” harassment, however they have been additionally denied promotions and paid lower than different employees for a similar jobs, the go well with asserted. They have been disciplined for infractions for which different employees weren’t penalized.

In an interview, DFEH Director Kevin Kish stated the lawsuit is the most important ever introduced by the state for racial discrimination by way of the scale of the affected workforce because the company gained prosecutorial powers in 2013.

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Earlier than that, complaints have been dealt with by an company administrative legislation decide reasonably than in courtroom. However as extra employers have compelled employees to signal arbitration agreements stopping them from taking complaints to courtroom, “authorities has the one efficient enforcement mechanism to treatment broad pervasive violations in a office,” he stated.

A Tesla worker works on metallic components for automobiles within the Tesla manufacturing facility in Fremont.

(Jeff Chiu/Related Press)

“We hear so much about ‘structural racism.’ This case could be very targeted on segregation — the structural boundaries to equality for Black staff,” Kish stated.

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A lot of the company’s complaints contain particular person employees or small teams. And racial complaints are on the rise. In 2016, the company investigated 744 circumstances. By 2020, that had grown to 1,548, Kish stated.

The financial and political stakes of taking over Tesla are laborious to magnify: The corporate has drawn reward for proving folks will purchase electrical automobiles when a lot of the auto trade was saying that might be unattainable.

Though competitors is rising, it’s nonetheless the top-selling EV model worldwide. In 2021, the corporate stated, it delivered 936,172 automobiles, 87% greater than in 2020.

“Tesla markets its autos to the environmentally- aware, socially accountable shopper,” the lawsuit states. “But [that] masks the truth of an organization that earnings from a military of manufacturing employees, a lot of whom are folks of coloration, working below egregious circumstances.”

Tesla’s Fremont manufacturing facility is the one nonunion plant within the U.S. operated by a significant American automaker.

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California’s crackdown on the carmaker, which has 36,200 staff within the state and 80,000 worldwide, has been a very long time coming. Black employees’ complaints of racial harassment and discrimination on the Fremont plant, which employs 15,000, date from 2012, the company stated.

Black employees make up 20% of Tesla’s manufacturing facility assemblers, however there aren’t any Black executives and simply 3% of execs on the Fremont plant are Black, the lawsuit stated.

In 2017, the California Civil Rights Regulation Group, a Bay Space agency, filed a class-action lawsuit towards Tesla on behalf of 1,000 Black employees. It has interviewed greater than 100 who make claims much like these on this week’s DFEH lawsuit. However that non-public lawsuit, nonetheless in courtroom, coated solely employees employed by staffing businesses that didn’t make them signal arbitration agreements.

Like many corporations now, Tesla requires its straight employed staff to signal arbitration agreements, relegating any complaints to secret proceedings with non-public judges and with none choice to enchantment. After the 2017 class-action go well with, it additionally required its staffing company employees to signal agreements waiving their rights to go to courtroom.

 Elon Musk, CEO of Tesla Motors Inc., talks about the Model X car at the company's headquarters, in Fremont, Calif.

When racism prices started to floor at Tesla, Chief Govt Elon Musk emailed staff and instructed aggrieved employees to be “thick-skinned” and settle for apologies.

(Marcio Jose Sanchez/Related Press)

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Authorities businesses should not required to respect arbitration agreements, which opens the best way for California’s broader lawsuit.

Lawrence Organ, the lead lawyer within the 2017 go well with, stated his agency of six attorneys, which makes a speciality of harassment circumstances, has seen a marked rise in race-related complaints within the final 5 years. Earlier than that, his agency had dealt with simply two or three such circumstances in a decade. At present, it has 30 pending circumstances involving the N-word.

“Ever since Trump began working for president in 2015, there was this alteration in perspective by individuals who harbor racist ideas and racist beliefs,” he stated. “They assume that they’ll converse out and say no matter they need to say.”

Moreover the N-word, harassment at Tesla, in keeping with the DFEH lawsuit, included slurs akin to “Monkey toes,” “banana boy,” “hood rats” and “mayate,” a Spanish phrase for dung beetle.

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However the Tesla circumstances are “very uncommon,” Organ stated, as a result of “Tesla doesn’t implement its alleged zero tolerance coverage for racist conduct.” He added that he had sued the NUMMI auto plant, which occupied the identical manufacturing facility earlier than Tesla, many instances for employment circumstances “however by no means for racial harassment.”

At Tesla’s Fremont manufacturing facility, Black employees’ complaints have been “ignored or perfunctorily acknowledged after which dismissed” by administration, the lawsuit alleges. Those that complained have been topic to “retaliatory harassment, undesirable assignments and/or termination.”

Musk, who grew up in South Africa, responded to the 2017 class-action go well with, which referred to as the corporate “a hotbed of racist habits,” with an electronic mail to staff describing firm tradition as “hardcore and demanding.” Anybody who makes an ”unintentional slur” ought to apologize, he wrote, and the recipient ought to “be thick-skinned and settle for the apology.”

In October, a federal jury in San Francisco awarded a Black elevator operator at Tesla’s plant $137 million in a harassment case. A decide signaled in January the award could also be decreased however didn’t grant Tesla’s request for a brand new trial.

A minimum of 160 employee lawsuits have been filed towards Tesla since 2006, in keeping with Plainsite, a courtroom doc transparency group. The final two years have seen a significant uptick in racial and sexual harassment fits towards Tesla. A minimum of 5 have been filed within the final six weeks.

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One was lodged by a feminine Black worker who stated her feminine white boss struck her with a sizzling grinding device and referred to as her “silly” and the N-word and insulted her intelligence. The go well with says the supervisor was fired however later rehired.

One other was filed by a person who stated he wrote on to Musk to complain about racial harassment and was then instructed to report back to human sources, the place he was fired.

Tesla employed most employees by 14 staffing corporations “to keep away from duty,” the state lawsuit asserted. The carmaker declined to analyze complaints by staffing company employees, though a lot of the Black employees have been employed by staffing corporations.

Staffing corporations have been additionally a problem in two giant race discrimination circumstances introduced by the federal Equal Employment Alternative Fee involving lots of of Black warehouse employees within the Inland Empire.

A Moreno Valley case towards Ryder Built-in Logistics and its staffing agency, Irvine-based Kimco Staffing Companies, charged that at the least 121 Black employees have been ceaselessly subjected to the N-word and different slurs by fellow employees and managers, and uncovered to racist graffiti within the restrooms. Meeting traces have been segregated by race, with Black employees and Latino employees in separate work areas. The 2 corporations failed to analyze and retaliated towards employees who complained, the EEOC stated.

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The go well with was settled in Could for $2 million. The businesses have been required to create a monitoring system for discrimination, revise its insurance policies and undergo stringent exterior monitoring.

The same EEOC lawsuit in Ontario towards Cardinal Well being, the enormous medical distribution firm, and its Glendale-based staffing company, AppleOne, was settled in July for $1.4 million and necessities for stringent coverage and monitoring guidelines. The case concerned frequent N-word harassment, graffiti and job discrimination affecting lots of of Black employees.

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As job growth in California falls back, unemployment rate remains highest in the country

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As job growth in California falls back, unemployment rate remains highest in the country

California posted another month of anemic job growth in April, keeping the state’s unemployment rate the highest in the country, 5.3%, the government reported Friday.

Statewide, employers added a net of just 5,200 jobs in April, down from 18,200 in March, according to California’s Employment Development Department.

Nationwide, employers added 175,000 jobs in April and 315,000 in March. The U.S. unemployment rate in April was 3.9%.

Major sectors of California’s economy — including manufacturing, information and professional and business services — showed job losses last month, and job opportunities aren’t as plentiful as before, even as the number of unemployed workers in the state has risen by 164,000 over the last 12 months.

In California, there were 140 unemployed workers for every 100 job openings in March, according to federal statistics released Friday. Less than two years ago, there were about two openings for every jobless person.

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Carol Jackson, an unemployed worker in South Los Angeles, says she has been pounding the pavement for months, hoping to make use of her recently minted associate degree in web management and database administration. But despite sending her resume to at least 100 employers, she has not had a single interview.

“I can tell you that California is pretty brutal now,” said Jackson, 57.

Hiring in California has been lagging behind national trends, with one notable exception. The state’s healthcare and social assistance sector added 10,100 jobs last month, bringing the gains over the last 12 months to about 155,000. That’s 75% of all new jobs added since April 2023.

Hospitals and doctors’ offices have been bulking up, but the fastest growth has been at outpatient centers, home healthcare firms, nursing facilities and, especially, social assistance, which includes vocational rehabilitation and child day-care services.

“Healthcare is the big gorilla in the room; it dominates everything,” said Mark Schniepp, director of the California Economic Forecast in Santa Barbara, adding that it’s likely to keep growing robustly with new and expanded medical facilities across the state.

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Leisure and hospitality businesses added 3,100 jobs last month. The gains included employment at hotels and restaurants — despite the added stress employers are feeling from a minimum wage increase to $20 an hour for fast-food workers that went into effect April 1.

While there are fears of layoffs as the food industry adopts technology to replace workers, California’s restaurants are getting a lift from a pickup in tourism. The leisure sector overall is close to fully recovering from the deep losses caused by the COVID-19 pandemic.

Public-sector payrolls also held up well last month, increasing by 2,600. Thus far, state and local government jobs seem to be showing little effects from California’s massive budget deficits.

“But clearly that will be another factor,” said Sung Won Sohn, economics professor at Loyola Marymount University in Los Angeles.

Sohn and other economists worry that there are national, cyclical and state-specific threats to California’s employment and broader economic outlook.

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Key pillars of the state’s economy continue to struggle.

Motion picture producers and other employers in the information sector show few signs of breaking out of the hiring doldrums, despite the film industry’s resolution of labor strikes last fall. Los Angeles’ motion picture and recording studio industries were down by 13,400 employees, or 12%, in April compared with the same month a year earlier. And many workers in the industry say conditions do not appear to be improving.

Large parts of the farm economy in the Central Valley remain sluggish, in part due to rising costs, tighter financial conditions and ongoing climate challenges.

Despite strong investments in artificial intelligence, layoffs have persisted at high-tech firms in the Bay Area and elsewhere. Scientific and technical companies shed jobs last month, and employment at computer systems design work and related services has been gradually declining.

Nationally, economists expect job growth to slow in the coming months, the result of persistently high interest rates and an expected pullback from consumers. The outlook is particularly dim in California.

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“On the ground, there are several signs of even more slowdowns,” said Michael Bernick, an employment lawyer at Duane Morris in San Francisco and former director of the state’s EDD. Among them, he said, “small businesses continue to struggle statewide with higher prices and tightened consumer spending.”

He and other experts have a similar refrain about what ails the state: high costs, excessive regulation and unaffordable home prices, among other factors.

“We just have real challenges here in California that other states don’t face,” said Renee Ward, founder of Seniors4Hire.org, a Huntington Beach-based organization that helps older workers find employment.

She said the number of job seekers registered with her service has jumped 26% so far in 2024 from a year ago.

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New Mexico weighs whether to toss Alec Baldwin criminal charges in 'Rust' shooting

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New Mexico weighs whether to toss Alec Baldwin criminal charges in 'Rust' shooting

A New Mexico judge is weighing whether to dismiss involuntary manslaughter charges against Alec Baldwin for his alleged role in the 2021 shooting death of the “Rust” movie cinematographer.

Baldwin’s attorneys argued during a court hearing Friday that special prosecutor Kari T. Morrissey had abused her power by allegedly withholding “significant evidence,” including witnesses favorable to Baldwin, during a January grand jury proceeding.

The 66-year-old actor‘s lawyers said he was a victim of an “overzealous prosecutor” who steered grand jury proceedings in an effort to win an indictment in the high-profile case. At issue is whether the grand jury had been fully advised that they could hear from Baldwin’s witnesses during the proceedings. The grand jurors spent a day and a half questioning witnesses who were introduced by the prosecutors.

“The fix was in,” Baldwin attorney Alex Spiro told the judge Friday.

The grand jury indicted Baldwin on an involuntary manslaughter charge in the shooting death of Halyna Hutchins, the 42-year-old cinematographer, who was rehearsing a scene with Baldwin on Oct. 21, 2021. Baldwin has pleaded not guilty.

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At the conclusion of Friday’s hearing, New Mexico First Judicial District Judge Mary Marlowe Sommer said she would issue her ruling next week. Should she dismiss the case, it would mark the second time that the felony charges against Baldwin were dropped.

Marlowe Sommer’s decision is expected less than two months before Baldwin is scheduled to go on trial in a Santa Fe courtroom.

During the hearing, which was conducted virtually, Morrissey denied that she had acted in bad faith. She said she didn’t prevent jurors from getting answers to their questions or from seeking additional information. She told the judge that grand jurors had been given written instructions that outlined their ability to quiz other witnesses, including those favorable to the defense.

But because the jurors didn’t ask to hear from the witnesses who were on a list supplied by Baldwin’s lawyers, several key figures in the tragedy, including film director Joel Souza, property master Sarah Zachry and assistant director David Halls, were not called to testify. Instead, jurors heard from police officers, a crew member who was in the church and expert witnesses hired by prosecutors.

On the day of the shooting, Hutchins, Baldwin, Souza and about a dozen other crew members were gathered in an old wooden church at Bonanza Creek Ranch, south of Santa Fe, preparing for a scene. Hutchins, according to the actor, told him to pull his Colt .45 revolver from his holster and point it at the camera for an extreme close-up view. That’s when the gun went off.

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Hutchins died from her wounds. Souza was injured and recovered.

Last month, Marlowe Sommer sentenced the film’s armorer, Hannah Gutierrez, to 18 months in a New Mexico women’s prison for her role in the shooting. Morrissey argued that Gutierrez was criminally negligent by allegedly bringing the live ammunition to the movie production and unwittingly loading one of the lead bullets into Baldwin’s gun. Gutierrez denies bringing the ammunition on set.

Baldwin’s prosecution has long been fraught.

Morrissey and her law partner Jason J. Lewis joined the case last year after the first team of prosecutors was forced to step down due to missteps, including trying to charge Baldwin on a penalty enhancement that wasn’t in effect at the time of the tragedy.

“The government looked a little sophomoric and unprofessional when they charged him for a crime that wasn’t a crime at the time,” said Los Angeles litigator Tre Lovell, who is not involved in the “Rust” shooting matter. “That was embarrassing.”

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The original prosecutors also displayed bluster in media interviews, making statements about the need to hold Baldwin responsible for his actions. Defense attorneys have argued that such commentary was out of line and prejudicial against the actor.

Shortly after Morrissey and Lewis joined the case, they dropped the charges against Baldwin. At the time, they said they needed more time to review evidence and address issues raised by Baldwin’s team. Morrissey and Lewis reserved the right to refile the charges.

Immediately after the charges were dropped, Baldwin traveled to Montana to finish the filming of “Rust.”

On Friday, Morrissey said last year’s decision to drop the charges was made at the request of Baldwin’s lead attorney, Luke Nikas, who had presented evidence that the gun Baldwin was using had been modified. Subsequent tests showed the gun was functional that day, but during FBI testing in 2022, the gun was broken by forensic analysts who wanted to see how much pressure needed to be applied for the hammer to drop.

The damaged gun is one of several complications that prosecutors are facing. Legal experts have said that winning a conviction in Baldwin’s case is expected to be more difficult than in the trial of Gutierrez, whose job was to make sure the weapons were safe.

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Baldwin was handed the prop gun that day and was told that it was “cold,” meaning there was no ammunition inside. In reality, the chamber of the revolver contained six rounds — five so-called dummies and the lead bullet that killed Hutchins.

“The state has not even alleged that Baldwin had a subjective awareness of a substantial risk that the firearm held live ammunition,” Nikas argued in the motion to dismiss the charges. “Without a subjective awareness, he could not have committed the crime of involuntary manslaughter, which requires that the defendant consciously disregarded a substantial and unjustifiable risk that his actions could cause another person’s death.”

Baldwin has argued, with support from Hollywood’s performers’ union SAG-AFTRA, that it wasn’t his job to be the gun safety officer on set.

The actor has said he was relying on other professionals to do their jobs to ensure a safe production.

Prosecutors have an obligation to present evidence in a “fair and impartial manner,” Baldwin’s attorneys said.

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The judge grilled Morrissey on her thinking at the time, including an instance when she had interrupted a sheriff’s deputy and prevented her from answering a question about gun safety measures on set. Morrissey said that deputy was not an expert in film set protocols and that she instead wanted jurors to get “the most accurate information,” which would come from a veteran film crew member who was an expert witness.

Baldwin’s attorneys were also sharply critical of Morrissey for divulging during a media interview the date the grand jury was expected to meet. Morrissey said she took responsibility for providing to a reporter the initial date, which had been scheduled for mid-November. However, the matter was postponed, and the case wasn’t brought before the grand jury until two months later, in mid-January.

Lovell, the L.A. entertainment attorney, said he believes the case will go to trial and that efforts to throw out the indictment will be unsuccessful.

“Courts are really reluctant to dismiss cases brought by a grand jury,” Lovell said. “Courts have limited ability to review what goes to a grand jury unless it was provided in bad faith.”

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Troubled EV maker Fisker closing Manhattan Beach headquarters

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Troubled EV maker Fisker closing Manhattan Beach headquarters

In an effort to stave off bankruptcy, electric-vehicle maker Fisker Inc. is closing its Manhattan Beach headquarters and has secured a $3.5-million lifeline as it continues to explore an acquisition or other strategic alternative.

The troubled company, which had about 300 employees in the 72,000-square-foot offices at the end of March, is moving its remaining workers to an engineering and distribution facility in La Palma in Orange County, said a person familiar with Fisker’s operations who was not authorized to comment.

In all, the company had roughly 1,135 employees as of mid-April, following an announced 15% cut to its workforce.

Fisker has been attempting to avoid bankruptcy since March, when it announced that talks over a strategic alliance with a major automaker had ended, squelching a deal that would have given it $150 million in new financing.

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That caused its shares to collapse to pennies, prompting the New York Stock Exchange to delist the stock, which violated another debt agreement the company struck with an investor last year, according to a regulatory filing.

A major automaker, said to be Nissan, was reportedly in talks to invest in Fisker. Nissan was considering making the Fisker Alaska truck at a U.S. plant — a deal that would come with a $400-million investment, Reuters first reported. Fisker did not confirm the reports.

Fisker announced this week that it secured a $3.5 million short-term loan, as it continues to operate and sell its midsize Ocean SUV. The note is due June 24 and has the potential to increase to $7.5 million.

The Ocean, a competitor to Tesla’s Model Y, was released last year to mixed reviews; some praised its build and styling, but the car has been plagued by software glitches.

The National Highway Traffic Safety Administration has four investigations into the vehicle, including one opened this month after complaints that the SUV’s automatic emergency braking system randomly triggered.

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Other probes are looking into reports that a door on the Ocean will not open and complaints about a loss of braking performance. The company has said it is working with the regulator.

Fisker said this week that it had added three dealers to its networks in California and New Jersey, which it began building after a plan to sell direct to consumers — like Tesla does — didn’t pan out. It also announced additional price cuts on some Ocean models.

In March, Fisker slashed the price on its entire lineup of 2023 Oceans by more than 30%. The company also said that it had paused production at its contract manufacturing plant in Austria, which produced about 10,200 Oceans last year.

Fisker was founded in 2016 by noted car designer Henrik Fisker, who has said the Ocean was inspired by California. The SUV features a full-length solar roof, an interior composed of “vegan” recycled plastic and a drop-down rear window that can fit a surf board.

Fisker is not the only startup that has been struggling amid a slowdown in the domestic market for electric vehicles and a rise in interest rates.

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Rivian Automotive, an Irvine maker of electric trucks, has informed state officials it will lay off more than 120 employees beginning in June. In February, the company announced it was cutting 10% of its workforce. The company’s shares have lost more than half of their value since last year.

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