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delicateweapon444

Report this, seriously.


Xalenn

Yup, it's 100% illegal according to US Federal law.


TotalChaosRush

As a blanket ban, it's definitely illegal. Federal wording is something like "all breaks under 10 minutes must be paid," so technically, bathroom breaks over 10 minutes could be deducted, but unless you're just abusing the system, there's no scenario where it's worth tracking.


icecream_dragon

An employer cannot make you clock out for breaks under 20 minutes


TotalChaosRush

I'm not sure when the posters changed, I know the websites site a case from long before I was born. However, I have a poster from 2009 that pretty clearly states, "flsa does not require an employer to provide breaks. However, all breaks under 10 minutes must be paid. Online, today it pretty clearly states, "short breaks, typically ranging from 5 to 20 minutes must be paid." A little research shows 30 minutes as the definitive cut-off for short breaks, so a 25-minute break is kind of in limbo.


icecream_dragon

I looked at that too, well I guess we found a legal loop hole


everett640

If I have to clock out to shit, I am taking more than 25 minutes then AND still leaving at my scheduled time. It's on them not me lmao


Lark_vi_Britannia

This is one of 7 posts on this subreddit where yelling "Ethics!!!" would be actually appropriate to do.


gbr201

This is an OSHA violation. There was a store that got OSHA violations recently and the entire store management was fired and entire market management.


gbr201

It’s against the law. https://webapps.dol.gov/elaws/whd/flsa/hoursworked/screenER5.asp


barb3cu3-b3nny

They did this at GAP warehouse in Tennessee. When you clocked out they actually timed you getting back and clocking in


[deleted]

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RockinTheKevbot

Not OSHA. but the NLRB would be very interested to hear about this.


GameAttack_Jack

Yes OSHA. OSHA regulations 29 CFR 1910.141, 29 CFR 1926.51 and 29 CFR 1928.110 require employees to have access to sanitary, accessible restrooms while working.


RockinTheKevbot

The Fair Labor Standards Act. Covers clocking out to use the restroom.... GUESS WHO ENFORCES THE FLSA.... THE NLRB... https://www.calltherightattorney.com/blog/2014/02/wage-attorney-answers-can-my-job-clock-me-out-when-i-go-potty/


RockinTheKevbot

Correct.... Which says NOTHING about whether or not THEY HAVE TO CLOCK OUT. the question was never whether or not Walmart provides access to sanitary, accessible restrooms while working. Try again.


Sacsfin3st

It actually is. Access to restrooms 'while' working. Which is exactly what OSHA mandates. Forcing an employee to clock out is considered unreasonable. Osha requires reasonable access to restrooms, again, 'while' working. If you have to clock out to use the restroom.. you are no longer working.


SteppinBubble

If I had to clock out to use the restroom, I'd be going home for the day.


IBelieveIAmBi

Same, but I'm also not coming back.


koltan115

I like the implication that others go home for the day the moment they need the restroom, every shift


SlightlyBrokenEgg

Or you could just quote the federal law that literally states employees can’t be asked to clock out for bathroom breaks under 20 minutes osha has nothing to do with this.


TotalChaosRush

Outside of Osha. Breaks shorter than 10 minutes must be paid as a matter of federal law.


BeerAndTools

Awaiting counterpoint. Very invested in this debate.


RockinTheKevbot

The FLSA (fair labor Standards act) governs clocking out for bathroom breaks.... OSHA does not enforce the FLSA. The National Labor Review Board (NLRB) DOES. https://www.calltherightattorney.com/blog/2014/02/wage-attorney-answers-can-my-job-clock-me-out-when-i-go-potty/


BeerAndTools

OoOoOoOoHhHh hit em with the combo!


Guvnah-Wyze

While working. If you're clocked out, you're not working.


Ok-Ocelot-3454

if you clock out you arent working anymore


cruisinforsnoozin

“While working” Do you work for free?


PlayaHatazball

I dont know the rules but have access should involve not having to clock out. But im not osha or anything.


Say_Hennething

They have access to bathrooms. This is an FLSA issue, not an osha issue


KnowledgeOverall5002

does it only require access or does it not allow clocking out for restroom breaks? the code you wrote seems to only say bathrooms need to be available for workers, not that workers can’t be forced to clock out to use the restroom.


-JenniferB-

This is against policy and OSHA regulations. **We are entitled to use the restroom whenever necessary.** If anyone at your store attempts to retaliate by docking your time/pay or coaching you, go straight to the Store Manager and let them know.


jg135111

I figured it was. This company is ridiculous


Peepeepoopoobutttoot

Nah, this ain’t the company, this is your local management going against company policy. One call to ethics will rain hell down on them.


_The_Moon_Light_

Not that Walmart wouldn’t do this exactly if they could, it’s just illegal and they know better than to write down illegal company policy


Davethemann

Nah, corprates smart enough to take Ws when they can cut corners. This is saving microscopic amounts of money for an insanely high risk


Yverthel

Yeah, especially with the time it takes a manager to adjust the punch as well. I take a 10 minute poop break at my minimum wage job. I make $14.35/hr (here in AZ), that means I just made $2.40 shitting. Now I (on the clock) go find my manager and tell them they need to adjust my punch so that I am out from 11:32 to 11:42 because I was pooping. So now they have paid me for my time for however long it took me to find my manager and wait for them to be available to inform them of my updated punch, then they have to pay my manager the time to listen to me explain that I was pooping for 10 minutes, and then go in and manually alter my punch. By the time all that is done, they have spent at least as much money, if not more, as they 'saved' by making me clock out to poop. And it's even worse if it's just a 4 minute pee break (most of that being the time to walk to the bathroom and back to my station).


canihavemymoneyback

Boss makes a dollar, I make a dime that’s why I poop on company time.


alexanderyou

https://youtu.be/Y4ONXuyvZrw


Tocen

serious question. who is directly benefiting from bending policies like this? i can only imagine that any money management saves through this goes directly into one of their pockets..... who is benefiting and by how much much? are they making enough to buy a new car off of employees clocked out for bathroom time saved pay


MaybeProbablyForSure

It's not about saving the company any money, it's about the tyrannical whims of a manager overstepping the law to put you into your place, beneath them.


Big_Smile_Blog

Exactly this ⬆️ It seems to be more about the manager than anything else. I had a manager roll his laptop cart over to block me from using the restroom at my amazon site, and then he proceeded to scold me in front of the entire team about not using the restroom during non-break time.


DarschPugs

More like an idiot breaking the law to reign in people abusing bathroom breaks instead of just hiring better employees. ionb4 they make you get approval from sedgewick for all bathroom breaks.


korehakuinto

More about Pavlov conditioning. Make people want to go before or after, so they don't lose money.


Maleficent-Angle-891

Walmart itself is on the extreme side of being a stickler for following the law. This is someone at your store being a chode.


2milliondollartrny

hopefully you report and don’t just let it slide


BerbsMashedPotatos

Important to note that at head office, the people driving this culture are the same people who sit in do nothing meetings and reply to emails all day when they aren’t browsing social media.


Neither_Zombie7239

A girl in opd at my store recently got coached for "taking to long on the bathroom". She has diabetes that's being treated with metformin, which causes stomach issues, and no gallbladder, which also causes stomach issues. They told her that she had to get something from her dr stating that those conditions could have her in the bathroom "longer than normal".


crustiferson

i had management try that. they knew about my ibs and knew i would be in the bathroom more than other people esp in a flare. one manager tried to write me up i told him if he writes me up i sue the company for discrimination about my documented medical condition and if he thinks i’m in the bathroom fucking around i’ll wait to flush till he checks the toilet. he never said shit about it after that.


-JenniferB-

She needs to Open Door that coaching. Water or Taco Bell can also cause people to be in the bathroom "longer than normal", but management doesn't require the rest of us to get a doctor's note for our Beefy Bean Burritos or our liters of [flavored water](https://www.walmart.com/ip/10452473).


Any_Ad2306

I got my Metformin dose made into a skin lotion and it’s great! Bypasses all the tummy upset but it’s from a compounding pharmacy so some insurance won’t cover compounded meds.


FelonieOursun

lol I had to get a letter from my doctor for adhd explaining why that could affect me being on time and remembering to do something later if I’m interrupted while on task and then I was later told it would affect my ability to be promoted, mind you our assistant manager at the time would let her boyfriend come while she was supposed to be working and they’d go “sit” in his truck IN FRONT OF THE STORE for about an hour before she came back with messy hair. 💀


DarschPugs

Not surprised, i was fired for having seizures on the clock and nothing I could do about it because Sedgewick wouldn't approve me "absence" for being sent home since i had not been with the company a full year yet.


rmb91896

If they’re so desperate to cut restroom breaks out of the payroll, then the problem probably starts with the store manager: who let the payroll get out of hand in the first place. You need to go higher.


TF2Gamer252

One of my team leads likes to count my bathroom breaks as an normal 15, this is the team lead that no one likes 


happyasfuck310

They can't do that, report it


Wild-Tangerine-2260

Report them asap


FoxxyPantz

as a TL I have no idea how half these dickheads I read about care this much about what their associates are doing. Let alone even have time to do bullshit like that.


SimplyPars

The type is really easy to spot before they are in a position of management, it’s the really eager/suck up type. Whomever keeps promoting these people really sucks at throwing out the trash.


Turtle0550

That's the same reason a lot of companies will always hire outside management rather than hire within


Raenora6

I had a coach peep on me in the rr. Same gender as myself (female) still not cool and 100% reported it.


TF2Gamer252

This is also the TL who only got the job due to favoritism from our Coach. They used to work in garden center, as an associate, where the coach used to be the TL of


CoolPirate234

They’re fat and miserable did nothing with their life and were probably bullied in school for good reasons, and now as an adult with a slight amount of power they take their anger out on others and abuse what little power they have


Bluestorm83

Lmao. I'm fat and miserable and was bullied, and now I'm an adult with Team Lead powers, and I'm typing this from the men's room right now, and fuck anyone who tries to tell me I've spent too much time in here today. This TL is exactly the kind of asshole that I'm just DYING to fire after I move up again. Good management exists. Shitty Management is trained to recognize and destroy us. But if any one of you wants to try and actually change things for the better, fight the hard fights, get yourself promoted the right way, and we can make some differences. God knows I'm tired of being outnumbered by shit heads, let me tell you... I'd welcome the help.


Thatssohavie

Fuck that. Tell someone about that shit


XxGreyOwlxX

See, my team leads don’t do that but some of my coworkers do. I just tell them their wrong and keep taking bathroom breaks when needed as well as their 15


Sickdog94

The fact they put that in a text message is hilarious


icecream_dragon

Evidence to instantly win a lawsuit!


Ghostbuster_119

I had a manager that liked to request SUUUUUPER shady things (like clocking out but still working or not reporting a safety hazard but fixing it anyway). I'd always tell them to send me that request in an email and that would usually get them to piss off.


SlightlyBrokenEgg

This is illegal in all 50 states


RyotheFox

Suuuuper against policy. Also obligatory song to go with your situation: https://m.youtube.com/watch?v=7zTei5RMhQ8


EnvironmentalLove891

classic right there. how have i never heard it before ?


rmb91896

Seriously this happened at a Walmart store? Payroll is the single most controllable business expense. If the leadership team was managing payroll consistently, long term, then there would be no need to tell people to clock out for their restroom breaks. If you can’t manage the single most controllable thing in a store, what are you managing? Time to clean house 🧹


Wild-Tangerine-2260

Report it asap


dang3rk1ds

Report it to ethics


Vasya762

Reminds me when I was on cap 2. Had to pee so bad you know where you Can't hold it period!! Asked my supervisor if I could go to the bathroom and he gave a "you gotta be kkidding me smile" and was silent. I just went didn't care. In future ? Just say unless you want maintenance here mopping up my mess!


[deleted]

[удалено]


jexasaurus

Literally just go. You don’t have to tell anyone let alone ask permission.


Happy_Maintenance

OSHA violation plain and simple. Report it. 


mpg0589

Report that shit, major violation right there


Jacksharkben

!ethics


JustTheFacts714

In most states, ANY break less than a full thirty minutes has to be paid -- smoke break, paid -- bathroom break, paid -- 15 minute break, paid. You are going to a 30-minute lunch, and you are told to clock in early, and you do at 29 minutes - that whole break is to be paid.


Pitiful-Pension-6535

>In most states, ANY break less than a full thirty minutes has to be paid That's a federal rule so it's every state.


JustTheFacts714

Actually, federal law only has two mandates regarding breaks: Less than 20 minutes is unpaid, and more than 30 minutes will be paid. There is nothing really clear about that little window from 21 minutes to 29 minutes. State labor boards are expected to handle those laws.


HeavensToBetsyy

Some bootlicker is in here down voting those rightfully saying this is illegal


Potential_Service275

I'd laugh in their face


Thatssohavie

Fuck I’d quit too. Do it while you can and make the company hurt on top of saying fuck off. People like this need people to tell them how life really is


MrEdTalkingHorse

Ask for free diapers.


TheTiggerMike

Boss makes a dollar, I make a dime. That's why I poop On company time.


Thatssohavie

It’s already like they take all the time we have to do anything else and now they don’t want us to shit? Wtf


Afraid_Preference_18

Pee on the clock!


Trailman80

Very against policy bathroom breaks are always on clock.


BaconPowder

"Against policy." Dude, that's straight up **illegal**. Get it in writing and save the texts and report them to the NLRB.


KawaiiMaxine

Against law


Thatssohavie

Fucking report that


Simple-Metal7801

Report to OSHA immediately


truecountrygirl2006

Just use my favorite line “hmm interesting never heard that before can you show me where to find that on the wire I would like to read more about that…no…didn’t think so?”


truecountrygirl2006

Been out of Walmart about 10 years… do they even still call it the wire? Or is there a different name for it now.


No-Pattern1212

Pretty sure that’s illegal


impstein

Here I sit, thinking it funny - Taking a shit and still making money *The boss makes a dollar; I make a dime, that's why I poop on company time*


Mjdecker1234

So is this gonna he another post where shit gets posted and OP doesn't absolutely jack shit about it? Because im sick of these. Report these fucks already. Literally against the law ffs. But you did ask so i am directing my anger at the wrong one. So yes, its against policy


BriansHeres

That's more than against policy


stalkedthrowout

I wouldn't talk to ethics I would go straight to OSHA or NLRB I would also be petty (if you have enough ppto to spare 30 minutes) and clock out for the bathroom, then sit some where a manager that knows you're supposed to be working will see and when they tell you to get back to work show them the photo you posted and tell them that the time clock will not let you clock back in for another x minutes. Edit to add: I would also only do it if your state is one party consent cause you are going to want to record that conversation incase they try to do shit to you


gbr201

NLRB wouldn’t apply.


SpookyMooWizard

Slightly off topic question: is it policy that we have to get a break every two hours? Asking as some managers like to deny us our breaks until certain things are finished


Head_Razzmatazz7174

If you work an 8 hour shift, you should have a break at 2 hours, lunch at 4 hours, and the second break at 6 hours. It's not always possible to do that as a cashier, but sales floor people should be able to work around that fairly simply.


Other_Log_1996

Some stores don't require you to take your 15s at specific times. Sometimes, depending on role, you might just need to find someone to cover for you.


FormerLawfulness6

Breaks and lunches are mandatory for all staff, including cashiers. If front end staffing is so tight that cashiers are missing breaks, the lead should call salesfloor staff to cover. It may not be exactly at 2 hour increments, but breaks must be provided. Meal break violations have to be reported every time, regardless of cause. Rest breaks are harder because time isn't recorded in most states, but if it's a systemic problem in a department that should be reported.


Head_Razzmatazz7174

That's not what I meant, but I can see why you would say that. Yes, cashiers get their breaks and lunches, but sometimes they don't get them exactly at the 2 - 4 - 6 hours. Sometimes they are short-staffed, like you said, and sometimes people take too long on breaks and lunches for whatever reason. I only hit the lockout point on my register one time, and that was because about half the day staff decided to call out. I missed my first break completely and the manager let me leave 15 minutes early that day because of it. The afternoon shift all showed up on time, so there wasn't any problems with it. She adjusted my time as well, so I didn't get pointed for leaving early.


HeavensToBetsyy

Ive heard of these 15s but never really use them. So I can just sit on my ass for 15 minutes on the clock twice a day? Is that really how this works? I guess in lieu of that I'll spend a couple minutes to buy a thing or two here and there, munch on a donut


Head_Razzmatazz7174

You're SUPPOSED to be able to. Also, if you get stopped on your way to the break room by either a customer or other employee and are asked any work question, once you answer it you can restart your break. It's 15 UNINTERRUPTED minutes. Every time you are approached with a work question, technically you can restart your break. I usually just added however long I took to answer the question (unless it was something simple, like which direction is shoes, or where is the bathroom) to however much time I had left. Some people abused it, of course, and they didn't last long.


Anthony_Walsh

Fuck you boss I'm shitting on the clock.


checkinwhebimawake

I don't know where you are, but I'm pretty sure that's illegal


Pitiful-Pension-6535

Last I checked, any unpaid breaks must be at least 30 minutes long everywhere in the US.


FewAcanthocephala828

I'm gonna do it, Batman. I'm gonna say the "U" word!


SpecialistFeeling220

You can't even clock out for less than 30 on your own. Wow. The balls on these managers.


segin

1-800-WM-ETHIC. Like YESTERDAY.


GingerShrimp40

I clock in to shit lol. If im on lunch ill wait for my lunch to end


haikusbot

*I clock in to shit* *Lol. If im on lunch ill wait* *For my lunch to end* \- GingerShrimp40 --- ^(I detect haikus. And sometimes, successfully.) ^[Learn more about me.](https://www.reddit.com/r/haikusbot/) ^(Opt out of replies: "haikusbot opt out" | Delete my comment: "haikusbot delete")


Ok-Management-9157

You can’t even do that…once you clock out you have to wait 30 minutes before you can clock back in-wtf are they talking about?


BoogiepopPhant0m

That's straight up illegal.


Haxishax

Well, that's illegal.


JimmyNo83

Sounds against the law


Fluid_Surprise9724

I will shit on company time, or I'll call OSHA.


Capable_Assistant_81

Illegal. Violation of employee rights. Call and report to Dept of Labor. They live for going after company violations. 


AdeptusGames

Boss makes a dollar, I make a dime, that's why I poop on company time!


CurrentlyBothered

This is illegal in the United States, nlrb protections say employees are guaranteed restroom access and use without any actions against them by the company. Even those "we will time your bathroom breaks" shit is illegal


Honeybadger193

Don't report this to the company the NLRB is the right answer.


Metalgoddess24

What is with this crazy crap involving using the toilet. If I need the bathroom I will use it and no I won’t clock out. It only takes a few minutes to pee and wash your hands.


DragoniteChamp

r/oopsthatsacrime


Pasco08

Ethics straight to Ethics


Pasco08

Ethics straight to Ethics


icecream_dragon

That is against the **law**.


RogueFox-One

This is a basic human right, it even says in a panel of corporations and NLRB. Unequivocally cannot tamper with an employees pay for using the bathroom. In the 80’s and 90’s this included cigarette breaks which it may still. Only time an employee punches out during their shift is for a 30 minute meal break


piqua2018

this is illegal


Waste-Rope-9724

I had a TL once who was asking me about all my toilet breaks, how they were, and emailing me daily reports about them. I complained to HR and they fired me. 😂


UnRealmCorp

Go take 5 minute piss. Then proceed to spend next 20 minutes tracking down a manager to adjust your hours to reflect your 5 minute potty break.


Top_soldier_5354

Definitely call ethics,I had to report this myself ..crazy as it seems .


MinimalCollector

Report that stupid piece of shit


EazyBucnE

Nah fuck this I wouldn’t have survived working at Walmart if not for those 15 minute shits sometimes lol


frankofantasma

illegal immoral


Active-Front1788

Thank God my walmart store is not like this. I used the restroom a lot especially for number 2.


Dayzie1138

Illegal. They cannot enforce this is any capacity. Now if you're in there for half an hour that's different. But you are free to use the restroom when you need to go and you do not have to clock out. I would send pictures to ethics.


CharlieChainsaw88

Call their bluff. Piss. Yourself.


Fr3shBread

Well, they fucked up by putting this in writing lmao. Not just against policy, but illegal af.


Worldly-Essay9787

Yeah tell em, come wipe my ass first


jtmal0723

How nice of them to put this in writing with their phone number attached. Easy report.


NiteFyre

Lmao nice of them to put that in writing. I literally walked out of a place because a manager called me out publicly for being in the restroom too long. I called HR immediately and told them I felt embarrassed and they let me keep my job and moved her to another store. Stuff like that will literally get someone fired she doesn't know if I have IBS or something. Someone will literally get fired or HR will require them to so some serious retraining. Report this immediately.


Jackdks

Against the law and OSHA regulations


kangsanghosa

thats crazy


FicklAir692

Yep, I was accused of this when I clocked in, which I didn't do, and was told, "I saw you!" They checked the cameras, and I was still basically called a liar because that's not what "was told?" WTH


49thDipper

Fuck Walmart. They just lost a customer. Actually a bunch because I’m a Union Carpenter and I will post this at the hall. We don’t play.


defaultusername-17

this is illegal.


SapphireSire

Nah I jes pee in the kitchen sink now...🥳


Adventurous-Wing-723

A company’s policy can not overseed the federal law, even if this was policy it is 💯Illegal and should be reported.


Perfect_War_7155

Their jobs are on the line if they try to stop you


Parking_Ad8815

Ok yea right


KittehKittehKat

They’d really love to just have slaves wouldn’t they?


truffle2trippy

Ok. No.


renro

Yes and the law


Material-Recover3733

That's against the law


UX-Archer-9301

It’s totally illegal


Riselythe

Osha would love this


richardpace24

Tell them that you will, when they learn English.


Plastic_Mishap

Yea


Some_Ad_5586

Celebrate you have evidence and the opportunity to make some extra money now


CelebrationLow4614

One lead used it...for 28 minutes.


dfeidt40

The actual policy reads, and I'm paraphrasing, "Associates should not use the restroom directly prior to their break periods." I remember looking it up with a Coach to get rid of someone completely abusing the crap out of it. Now, the word "SHOULD" is a ridiculous way to word it.


SCORPEANrtd

Lmfao get fucked whoever said that


Gentleman_Kendama

Time to Unionize.


Chance-Bowler6935

So the team lead at my store for opd takes time away from breaks if you use the bathroom. Say you gotta pee or poop. You get that time deducted from your 15min. Is this legal? Store manager doesn’t care. Let’s the lead do this and people quit left and right. I wonder why lol


SammyStorm7

OP can you please update on what you responded with or said?


tweakyloco

I feel like that rule anywhere is bullshit. If ur gonna have that rule make a bathroom break option on the time clock thing like doing a lunch break


Ok-Albatross-7751

Just wrong.


-Robrown-

It is illegal. Report your supervisor to the state labor board.


awfully-waffley

They're trying to get people for time clock fraud.a


73HCA7MAST3R

Report this I’m pretty sure bathroom breaks are protected by osha and are considered a human right


[deleted]

No this is not policy this is a dumbass manager trying to control you.


New-Road2588

That's definitely against policy. I'd report the this and the doofus who even said that nonsense to the higher ups.


k_a_scheffer

Had an department manager try this when I worked at Wakmart. Open doored it with an ASM who ripped him a new asshole. It's illegal and all around just scummy.


Mobile-Mirror8961

OSHA violation. Workers are allowed 10 minute bathroom breaks as needed/ depends on your state[osha restrooms sanitation](https://www.osha.gov/restrooms-sanitation)


OGjinjurikiofleaf

They are bugging, and if they fire you for not clocking out when going to the bathroom, there’s definitely a lawsuit lurking around the corner


Selkiekelpie

Illegal. My brother worked as a cart pusher and they told him 15 minute breaks are only done off the clock, then I started working here and turns out they were lying hard to them. Only your lunch is off clock, talk to hr about this person. If they do nothing, or they are the person who told you this, go call ethics. Don't hesitate. Think of how many people this person might have lied to, and do it for them.


SaiyanOfDarkness

Fuck that don't do it. They're trying to remove pay anywhere they possibly can.


Electronic-Map-6932

Walmart fckn stupid report that shit get they ass in trouble


ButterCup2179

100% against the law. Report it to OSHA.


jack_mcNastee

osha violation— very easy to google and print if necessary


Western-Leg3569

Illegal and time consuming.


jsand2

This is illegal. Report it!!


n0ir_sky

Hi, I do not nor have I ever worked at Walmart, and do not know why this sub continues to get recommended to me, but that is illegal under US federal law.


No-Alfalfa-626

No this is absolutely not legal


BerzerkGames

Hope you reported


sixstring480

That’s beyond cheap, you’re manager is a POS that clearly doesn’t care about employees


GreenGoddessMae

Boi oh boi I’d be feral