Apple Soars After Smashing Expectations In Record Revenue Quarter

Apple Soars After Smashing Expectations In Record Revenue Quarter

Two days day after Microsoft barely avoided a collapse into the hawkish Powell abyss, and one day after Tesla reported earnings that sent its stock crashing, investors held on to hope that at least the world’s largest company and one of the very few gigacaps generals still standing, Apple, would somehow pull a rabbit out of its magic hat of tricks and report solid earnings pulling the Nasdaq out of what appears to be an almost certain bear market.

It won’t be easy: while the holiday quarter is always Apple’s largest, this time it’s also expected to be Apple’s largest in its history. On the Q4 earnings call, CEO Tim Cook said Q1 2022 revenue would top Q1 2021 revenue of $111.4 billion. So, at the very least, Apple needs to hit that mark to appease investors (any miss here and welcome Nasdaq bear market). But that may not be enough, since Wall Street consensus is even more aggressively, calling for Apple to report revenue of $119.05 billion, clearly an all-time record (Cook said in Q4 that Q1 earnings will have been even $6 billion stronger if not for the ongoing impact of the global chip shortage).

The bullish case is that if Apple beats Wall Street expectations on the iPhone, Services Mac, and Wearables/Home/Accessories, it would be reporting new all-time highs in terms of revenue for those categories. Surely that would be something Apple will tout heavily in its remarks. On the other hand, even the smallest weakness will be hammered by a market that so far has shown zero forgiveness now that the Fed is in hike it till you break it mode.

So with that in mind, was Apple able to save the Nasdaq from freefalling after hours and potentially starting the next bear market?

It appears that – at least at first glance – the answer is a resounding yes as Apple has done it again, and after reporting not only a record quarter that was up 11% Y/Y, but also a big beat on the top and bottom line, its stock is rising sharply after hours and pulling the Nasdaq along with it.

Here are the details from the just concluded holiday quarter:

  • Revenue $123.95 billion, beating estimates of $119.05 billion, and up +11% y/y
  • EPS $2.10 beating estimates $1.90, and up from $1.68.

Some more headlines:

  • IPhone revenue $71.63 billion, +9.2% y/y, and beating estimates $67.74 billion
  • Mac revenue $10.85 billion, +25% y/y, and beating estimate $9.53 billion
  • IPad revenue $7.25 billion, -14% y/y, and missing estimate $8.11 billion
  • Wearables, home and accessories $14.70 billion, +13% y/y, beating estimate $14.16 billion
  • Service revenue $19.52 billion, +24% y/y, estimate $18.64 billion
  • Greater China rev. $25.78 billion, +21% y/y
  • Gross margin $54.24 billion, +22% y/y

Earnings snapshot:

Commenting on the quarter, CFO Luca Maestri said that “the very strong customer response to our recent launch of new products and services drove double-digit growth in revenue and earnings, and helped set an all-time high for our installed base of active devices,” said Luca Maestri, Apple’s CFO.

Maestri also said that the company was returning even more cash to shareholders: “These record operating results allowed us to return nearly $27 billion to our shareholders during the quarter, as we maintain our target of reaching a net cash neutral position over time.” This is up from $24 billion last quarter.

Tim Cook was just as happy: “This quarter’s record results were made possible by our most innovative lineup of products and services ever. We are gratified to see the response from customers around the world at a time when staying connected has never been more important. We are doing all we can to help build a better world — making progress toward our goal of becoming carbon neutral across our supply chain and products by 2030, and pushing forward with our work in education and racial equity and justice.”

The stock initially couldn’t believe just how good the results were but has since regrouped and is surging higher, up over 4% in after hours trading and helping boost the Nasdaq.

Developing

Tyler Durden
Thu, 01/27/2022 – 16:44

via ZeroHedge News https://ift.tt/3rQ1Hms Tyler Durden

Congress’ Latest Attempt To Rein In Big Tech Will Hurt Consumers


zumaamericasthirtythree509904

Does anyone truly believe that our government—which consistently creates monopoly privileges for companies with its own cronyism—can be trusted to ensure that private markets remain competitive? Apparently so. Consider the resurgence of antitrust efforts against “Big Tech.” If history is our guide, going after disfavored companies will result in less competition, not more, along with fewer choices and higher prices for you and me.

Take the American Innovation and Choice Online Act recently approved by a Senate panel. This bill would block a handful of tech companies like Amazon and Apple from favoring their own products and services over those of competitors who also use these platforms. For instance, independent merchants who sell on Amazon claim to be punished if they sell their products for less on their own websites or on other sites like Walmart’s or Target’s.

The theory is that Amazon controls what happens on marketplaces across the internet, and in doing so, it makes products more expensive for everyone. The preferred solution seems simple: stop a few specific big techs from engaging in this practice.

While there is no empirical evidence to this claim, it’s a mistake to assume that government must (and can) prevent it. Along with other antitrust actions now being considered by Congress and federal agencies, it presupposes that politicians, bureaucrats, and courts possess a deep understanding of each platform and how it will react to a regulation. But the enormous complexity and dynamism of e-commerce should instead guide government officials toward humility.

The wannabe perfectors of Amazon or Apple don’t offer a good explanation for why so many sellers, customers, and platforms all continue to use the current practices. Aren’t they at least curious why new corners of the digital economy continue to emerge with these practices in place? Have they considered that if practices are failing to satisfy consumers, there are huge profit opportunities for new innovators to break the mold?

In “10 Things the American Innovation and Choice Online Act Gets Wrong,” legal scholar Dirk Auer examines the allegedly problematic “closed platforms” like those under Congress’ microscope versus “open” platforms” that legislators favor. “If recent commentary is to be believed,” he wrote, “it is the latter that should succeed.” And if consumers and platforms were to gain most from choosing the open platforms, “then we should see intermediaries step into that breach. But this does not seem to be happening in the digital economy.”

In other words, if government succeeds in “reforming” Amazon, it will deny sellers and consumers a service they’re truly choosing. Legislators have no business questioning this choice and eliminating it would push people toward platforms they find less useful. Currently, customers enjoy the ability to choose between both Amazon’s and independent retailers’ products in one place.

Writing for Regulation, Thomas Lenard explains that, thanks to this act, “Amazon might have to choose between its third-party platform business and its Amazon-branded business. Either way, prices would be higher, choices fewer, and consumers would lose. So, likely, would many small companies that built their businesses on the Amazon platform.”

But for all the talk of protecting consumers, antitrust cases are rarely about that. Long before becoming famous for his failed nomination to the U.S. Supreme Court, Robert Bork won plaudits for his 1978 book, The Antitrust Paradox. Bork demonstrated that during the first 80 years of its existence, antitrust was used to stifle competition and protect powerful incumbent firms from innovative and often smaller rivals.

Research done since then reveals that the original goal of the 1890 Sherman Antitrust Act (and subsequent statutes) wasn’t competition in the first place. The real goal was to protect politically powerful producers from market competition.

If Sen. John Sherman—after whom Congress’s first antitrust act is named—were really a friend of competition, he wouldn’t have staunchly supported the McKinley Tariff, which Congress passed a mere three months later. It was one of the largest tariff hikes in U.S. history and was meant to insulate powerful businesses from their rivals.

And so it goes today. Those who demand a revival of antitrust regulation to “promote competition” may not realize that they’re inciting a revival of cronyism to suppress competition.

COPYRIGHT 2022 CREATORS.COM

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Nearly 40% Of All Illinois COVID Deaths In The Last Month Are Breakthroughs. What Gives?

Nearly 40% Of All Illinois COVID Deaths In The Last Month Are Breakthroughs. What Gives?

By Ted Dabrowski and John Klingner of WirePoints

Square this one up for us, Gov. Pritzker. On January 3rd, you said that only 5 percent of COVID patients in Illinois’ ICUs were vaxxed.* The implication was that Illinois is suffering from a “pandemic of the unvaccinated.”

But since your comment, nearly 40 percent of all COVID deaths have been breakthroughs.  Illinois has experienced 1,007 breakthrough deaths over the last four weeks.

That’s a massive disconnect. How can the vaxxed make up so few of the ICU patients – those most at risk of dying – and yet end up comprising so many of the total COVID deaths? 

Wirepoints can think of a couple scenarios that explain that disconnect, but we’re simply not armed with the data that would allow us to confirm them. IDPH doesn’t provide the hospitalization data we need, let alone more detailed data on breakthrough demographics and comorbidities.  

Which brings us to the actual point of this piece: The governor shouldn’t make comments that can’t be confirmed by publicly released data from the Illinois Department of Public Health.

This is far from the first time this has happened. Gov. Pritzker and Dr. Ezike have made statements throughout the pandemic that couldn’t be independently verified.

And that erodes trust, if there’s any left.

Tyler Durden
Thu, 01/27/2022 – 16:21

via ZeroHedge News https://ift.tt/3rTCE2c Tyler Durden

Angry Stocks Come To Terms With Hawkish Fed As Yield Curve Screams ‘Policy Error’

Angry Stocks Come To Terms With Hawkish Fed As Yield Curve Screams ‘Policy Error’

GDP “good news” appears to have been greeted as “bad news”, providing more cover for Powell to do what he said he would do with rates and QT… and while the algos lifted everything overnight, sellers appeared at the cash open and it was a one-way trip to yesterday’s lows (or worse) for the rest of the day. Small Caps are down 5% from pre-Fed, Nasdaq is down over 3%, and The Dow is down around 1% only

On the day, Small Caps are down over 2% in a massive whipsaw and The Dow is clinging to unchanged after swinging up and down 1000s of points…

Wonder how many of these meetings happened today… or are imminent…

NOTE that the moment the S&P managed to get back to even from pre-Fed, selling pressure built rapidly. Clearly, the algos were in stop-hunter mode…

The standard MO of crushing VIX to ignite momentum went into action but that ended rather badly for the vol-sellers this time…

The Russell 2000 closed (for the first time in this cycle) in bear market and the S&P is very close to closing in correction…

In other equity news, TSLA was clubbed like a baby seal after rallying on solid earnings last night (for context, that is one Ford in lost market cap)…

A year ago today, GME hit its record high at $483. Today it is down 80% from those highs… but still up over 350% from the pre-WSB-chaos levels…

Source: Bloomberg

Puts were heavily bid today relative to calls…

Source: Bloomberg

Treasuries were very mixed today with the long-end heavily bid and massively outperforming as the short-end adjusted for The Fed’s more hawkish rate trajectory…

Source: Bloomberg

For context, this is massive shift in the curve’s correlation regime with a huge flattening screaming at a Fed Policy Error being imminent…

Source: Bloomberg

2s30s utterly imploded today after yesterday’s very brief steepening…

Source: Bloomberg

The 7s10s curve is on the brink of inverting (joining the 20s30s segment of the curve which has been inverted for 3 months). Bear in mind, apart from 3/9/2020, the 7s10s spread has not closed flatter than this…

Source: Bloomberg

In fact, the yield curve has been flattening from the 2Y maturity out since Powell’s Pivot in late November…

Source: Bloomberg

The short-end is now pricing an 80% chance of a 5th rate-hike by Dec 2022… (and a 25% chance of a 50bps hike in March)

Source: Bloomberg

Bitcoin slipped back below $36k…

Source: Bloomberg

Gold puked to $1800 amid hawkish Fed speak but buyers reappeared. However, as stocks started breaking down and rate-hike odds lifted, gold tanked back below $1800…

WTI fell back below $87 at today’s settle…

NatGas futures had a ‘moment’ into expiration today with the Feb 22 contract exploding over 50% higher into its close…

That’s quite a squeeze into contract expiration…

Finally, just like the overnight ramp last night reassured many dip-buyers, investor sentiment is at historically pessimistic levels…

For some clarity on what just happened, where we are, and what happens next Brent Kochuba from SpotGamma and Darius Dale from ’42 Macro’ break down macro implications of The Fed Meeting and analyze the options markets impact…

Tyler Durden
Thu, 01/27/2022 – 16:00

via ZeroHedge News https://ift.tt/3IIKPVB Tyler Durden

Congress’ Latest Attempt To Rein In Big Tech Will Hurt Consumers


zumaamericasthirtythree509904

Does anyone truly believe that our government—which consistently creates monopoly privileges for companies with its own cronyism—can be trusted to ensure that private markets remain competitive? Apparently so. Consider the resurgence of antitrust efforts against “Big Tech.” If history is our guide, going after disfavored companies will result in less competition, not more, along with fewer choices and higher prices for you and me.

Take the American Innovation and Choice Online Act recently approved by a Senate panel. This bill would block a handful of tech companies like Amazon and Apple from favoring their own products and services over those of competitors who also use these platforms. For instance, independent merchants who sell on Amazon claim to be punished if they sell their products for less on their own websites or on other sites like Walmart’s or Target’s.

The theory is that Amazon controls what happens on marketplaces across the internet, and in doing so, it makes products more expensive for everyone. The preferred solution seems simple: stop a few specific big techs from engaging in this practice.

While there is no empirical evidence to this claim, it’s a mistake to assume that government must (and can) prevent it. Along with other antitrust actions now being considered by Congress and federal agencies, it presupposes that politicians, bureaucrats, and courts possess a deep understanding of each platform and how it will react to a regulation. But the enormous complexity and dynamism of e-commerce should instead guide government officials toward humility.

The wannabe perfectors of Amazon or Apple don’t offer a good explanation for why so many sellers, customers, and platforms all continue to use the current practices. Aren’t they at least curious why new corners of the digital economy continue to emerge with these practices in place? Have they considered that if practices are failing to satisfy consumers, there are huge profit opportunities for new innovators to break the mold?

In “10 Things the American Innovation and Choice Online Act Gets Wrong,” legal scholar Dirk Auer examines the allegedly problematic “closed platforms” like those under Congress’ microscope versus “open” platforms” that legislators favor. “If recent commentary is to be believed,” he wrote, “it is the latter that should succeed.” And if consumers and platforms were to gain most from choosing the open platforms, “then we should see intermediaries step into that breach. But this does not seem to be happening in the digital economy.”

In other words, if government succeeds in “reforming” Amazon, it will deny sellers and consumers a service they’re truly choosing. Legislators have no business questioning this choice and eliminating it would push people toward platforms they find less useful. Currently, customers enjoy the ability to choose between both Amazon’s and independent retailers’ products in one place.

Writing for Regulation, Thomas Lenard explains that, thanks to this act, “Amazon might have to choose between its third-party platform business and its Amazon-branded business. Either way, prices would be higher, choices fewer, and consumers would lose. So, likely, would many small companies that built their businesses on the Amazon platform.”

But for all the talk of protecting consumers, antitrust cases are rarely about that. Long before becoming famous for his failed nomination to the U.S. Supreme Court, Robert Bork won plaudits for his 1978 book, The Antitrust Paradox. Bork demonstrated that during the first 80 years of its existence, antitrust was used to stifle competition and protect powerful incumbent firms from innovative and often smaller rivals.

Research done since then reveals that the original goal of the 1890 Sherman Antitrust Act (and subsequent statutes) wasn’t competition in the first place. The real goal was to protect politically powerful producers from market competition.

If Sen. John Sherman—after whom Congress’s first antitrust act is named—were really a friend of competition, he wouldn’t have staunchly supported the McKinley Tariff, which Congress passed a mere three months later. It was one of the largest tariff hikes in U.S. history and was meant to insulate powerful businesses from their rivals.

And so it goes today. Those who demand a revival of antitrust regulation to “promote competition” may not realize that they’re inciting a revival of cronyism to suppress competition.

COPYRIGHT 2022 CREATORS.COM

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D.C. Moves To Suspend Burger Joint’s Liquor License for Resisting the City’s Vaccine Mandate


reason-burger4

The District of Columbia plans to suspend a burger joint’s liquor license because it has been refusing to check its customers’ vaccination papers.

In a closed executive session yesterday, the city’s Alcohol Beverage Control (ABC) Board voted to refer the restaurant, known as The Big Board, to D.C.’s Office of the Attorney General to draft a summary suspension notice. That’s the first step in suspending a liquor license.

Under a public health order issued by Mayor Muriel Bowser, patrons of restaurants and bars had to have at least one shot in order to dine inside after January 15. (Come February 15, they’ll need to be fully vaccinated.) The Big Board issued a tweet on January 13 that implied it would not be enforcing the order: “As has always been the case for us, everyone is welcome. This rule applies yesterday, today and tomorrow. Hopefully we’ll see you January 16th.”

In addition to checking for proof of vaccination, businesses must also display signs explaining the new restrictions. The city also requires staff and customers to wear masks.

The Big Board had already received several warnings from the city about its staff not wearing masks, according to D.C.’s Alcohol Beverage Regulation Administration (ABRA).

On January 18, ABRA fined the business $1,000 for having unmasked staffers. It received another $1,000 fine two days later for failing to check customers’ vaccination status.

On January 22, the restaurant’s case was referred to the ABC Board. According to an ABRA case report, one of the agency’s inspectors visited the business at around 9 p.m. that night, where he found a number of violations, including staff not wearing masks and not checking customers’ vaccination status.

Both city police and the director of the Mayor’s Office of Nightlife and Culture also visited the bar that night and talked with its owner, Eric Flannery. Earlier that day, The Big Board tweeted that nothing had changed and “all are welcome.” (I have reached out to both The Big Board and Flannery for comment but have received no reply.)

The restaurant’s struggles with the city over its vaccine mandate have earned it a passionate crowd of supporters. The day after it was issued its first fine, Daily Caller reporter Henry Rodgers launched a GoFundMe to support the bar. So far, it has raised $15,000. People have claimed on Twitter that the business has had a rush of supportive customers too, with lines stretching out the door.

I patronized the restaurant myself the weekend that the city’s vaccine mandate went into effect. Despite all the controversy, the experience of actually eating there was unremarkable: I walked in, an unmasked waiter directed me to a table, I ordered, I ate, and I left. The only time someone asked me for identification was when I ordered a beer. Similar scenes play out across the vast majority of the country every day, where governments haven’t opted to make vaccination a requirement of going out in public.

Many other D.C. businesses are quietly ignoring, or only half-heartedly enforcing, Bowser’s vaccine order. (Miraculously, the number of new COVID-19 cases in the city continues to collapse.)

The difference here is that The Big Board drew attention to its noncompliance and is being punished for it.

DCist reports that the city’s Attorney General will draft a suspension order for Big Board’s liquor license, which will then be signed by the chair of the ABC Board and then served to the business. The Big Board can request a hearing on its suspension, which could happen sometime next week.

The post D.C. Moves To Suspend Burger Joint's Liquor License for Resisting the City's Vaccine Mandate appeared first on Reason.com.

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D.C. Moves To Suspend Burger Joint’s Liquor License for Resisting the City’s Vaccine Mandate


reason-burger4

The District of Columbia plans to suspend a burger joint’s liquor license because it has been refusing to check its customers’ vaccination papers.

In a closed executive session yesterday, the city’s Alcohol Beverage Control (ABC) Board voted to refer the restaurant, known as The Big Board, to D.C.’s Office of the Attorney General to draft a summary suspension notice. That’s the first step in suspending a liquor license.

Under a public health order issued by Mayor Muriel Bowser, patrons of restaurants and bars had to have at least one shot in order to dine inside after January 15. (Come February 15, they’ll need to be fully vaccinated.) The Big Board issued a tweet on January 13 that implied it would not be enforcing the order: “As has always been the case for us, everyone is welcome. This rule applies yesterday, today and tomorrow. Hopefully we’ll see you January 16th.”

In addition to checking for proof of vaccination, businesses must also display signs explaining the new restrictions. The city also requires staff and customers to wear masks.

The Big Board had already received several warnings from the city about its staff not wearing masks, according to D.C.’s Alcohol Beverage Regulation Administration (ABRA).

On January 18, ABRA fined the business $1,000 for having unmasked staffers. It received another $1,000 fine two days later for failing to check customers’ vaccination status.

On January 22, the restaurant’s case was referred to the ABC Board. According to an ABRA case report, one of the agency’s inspectors visited the business at around 9 p.m. that night, where he found a number of violations, including staff not wearing masks and not checking customers’ vaccination status.

Both city police and the director of the Mayor’s Office of Nightlife and Culture also visited the bar that night and talked with its owner, Eric Flannery. Earlier that day, The Big Board tweeted that nothing had changed and “all are welcome.” (I have reached out to both The Big Board and Flannery for comment but have received no reply.)

The restaurant’s struggles with the city over its vaccine mandate have earned it a passionate crowd of supporters. The day after it was issued its first fine, Daily Caller reporter Henry Rodgers launched a GoFundMe to support the bar. So far, it has raised $15,000. People have claimed on Twitter that the business has had a rush of supportive customers too, with lines stretching out the door.

I patronized the restaurant myself the weekend that the city’s vaccine mandate went into effect. Despite all the controversy, the experience of actually eating there was unremarkable: I walked in, an unmasked waiter directed me to a table, I ordered, I ate, and I left. The only time someone asked me for identification was when I ordered a beer. Similar scenes play out across the vast majority of the country every day, where governments haven’t opted to make vaccination a requirement of going out in public.

Many other D.C. businesses are quietly ignoring, or only half-heartedly enforcing, Bowser’s vaccine order. (Miraculously, the number of new COVID-19 cases in the city continues to collapse.)

The difference here is that The Big Board drew attention to its noncompliance and is being punished for it.

DCist reports that the city’s Attorney General will draft a suspension order for Big Board’s liquor license, which will then be signed by the chair of the ABC Board and then served to the business. The Big Board can request a hearing on its suspension, which could happen sometime next week.

The post D.C. Moves To Suspend Burger Joint's Liquor License for Resisting the City's Vaccine Mandate appeared first on Reason.com.

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‘Rogue Wave’ 2.0: US NatGas Futures Explode Higher Into Chaotic Expiration

‘Rogue Wave’ 2.0: US NatGas Futures Explode Higher Into Chaotic Expiration

February U.S. natural gas futures violently surged Thursday in what appears to be a delivery squeeze into expiration. 

Bloomberg’s Javier Blas had some early insight that something was amiss…

Around 1400 ET, natgas contracts for February jumped as much as 72% in minutes, the most significant increase ever since the contract launched in 1990, according to Bloomberg, citing a spokesperson for CME Group.

The spread between February and March contracts erupted. 

The massive squeeze came ahead of the February contract expiration and reminded us of the chaotic action surrounding crude futures expiration that.sent WTI prices crashing into deep negative territory in April 2020. Bloomberg sheds more color on the situation: 

Though hedge funds have been net-long on U.S. gas contracts, indicating they expect prices to rise, money managers still held substantial short positions, according to data compiled by Bloomberg. In a squeeze, traders exposed to wrong- way bets on lower prices are forced to close out those positions by purchasing higher-priced contracts.

Gas prices have been volatile in recent weeks as traders try to gauge whether winter cold will strain stockpiles of the power-plant and heating fuel. Although inventories are only 1% below normal for the time of year, exports have been near a record and production from shale basins has been relatively restrained. -Bloomberg

There’s no word on which firm(s) are responsible for the unwind or the damage it has unleashed. We suspect if this is anything like the 2018 implosion of Tampa-based OptionsSellers.com, there will be casualities in the days, if not weeks ahead.

Remember this guy? “I promise you every day when I woke up, I was checking for rogue waves…”

Here’s what people on Twitter are saying about the chaos. 

The squeeze also rippled through later-month contracts. 

Tyler Durden
Thu, 01/27/2022 – 15:40

via ZeroHedge News https://ift.tt/35woEDZ Tyler Durden

Whole Foods Fight Over Black Lives Matter Masks Pits National Labor Relations Board Against Free Speech


zumaamericaseight850888

Are employee dress codes illegal? That’s the implication in a consolidated complaint filed against Whole Foods Market by the National Labor Relations Board (NLRB).

The NLRB argues that it’s illegal for Whole Foods to say that grocery store staff can’t wear Black Lives Matter (BLM) paraphernalia at work.

To force Whole Foods to let staff wear BLM gear would be “to compel employer speech,” the company counters. And that, it says, violates the First Amendment.

As it stands, Whole Foods’ corporate policy forbids employees from wearing any symbols, slogans, flags, messages, logos, or advertising while working. In 2020, supervisors at various Whole Foods locations allegedly enforced this policy against employees wearing BLM gear. Staff wearing BLM masks and pins were allegedly asked to remove them, sent home for refusing to remove them, or otherwise disciplined for refusing to take them off.

The NLRB says that wearing BLM messages at work counts as “raising concerns about working conditions” and accuses Whole Foods of having and enforcing an appearance rule “to restrict employees from engaging in concerted activities for their mutual aid and protection.” Whole Foods “has been interfering with, restraining, and coercing employees in the exercise of the rights guaranteed” by the National Labor Relations Act, it says—and that, it declares, amounts to unfair labor practices.

Whole Foods “denies each and every allegation contained in the Complaint,” the company wrote in response, asking that the complaint be dismissed entirely.

Whole Foods argues that “employees do not have a protected right…to display the phrase ‘Black Lives Matter’ or ‘BLM’ in the workplace,” and that the NLRB’s complaint represents an effort to expand the protections of the National Labor Relations Act “beyond current NLRB and judicial interpretation.”

Under current interpretations of the statute, nothing the BLM-promoting Whole Foods staffers did would qualify as protected activities, the company argues. Nor would Whole Foods’ actions here qualify as illegally interfering with protected workplace activities.

The company “maintains a neutral dress code that is lawful under extant Board law,” it adds, and “all discipline issued to employees was solely for violations of [this] neutral dress code.” Such actions “were based on legitimate, non-discriminatory and non-retaliatory factors.”

In a statement last month, NLRB Regional Director for San Francisco Jill Coffman claimed this case is about “issues of racial harassment and discrimination [that] are central to employees’ working conditions.”

But “the phrases ‘Black Lives Matter,’ ‘BLM,’ the ‘Black Lives Matter movement,’ and/or ‘blacklivesmatter.org’ are not objectively understood to relate to workplace issues,” the company argues.  Rather, “employees’ wearing of ‘Black Lives Matter’ and/or ‘BLM’ in Whole Foods Market brand stores was an exercise in political and/or social justice speech through which [they] sought to support societal changes outside the workplace and…without a nexus to any term or condition of employment at Whole Foods Market brand stores.”

Requiring Whole Foods to allow BLM messaging as part of employee uniforms would compel speech and be unconstitutional, the company argues. If the NLRB gets its way, it adds, that would force Whole Foods to act in a discriminatory manner by requiring that the company favor “certain expressions of political speech over others in its retail grocery stores.” (Alternately, it could allow any type of political messaging, but something tells me supporters of the staff wearing BLM gear wouldn’t be so happy to buy groceries from a guy in a MAGA mask…)

Whole Foods also asserts that no employees were fired over this matter but that they voluntarily resigned rather than comply with the dress code.

A hearing with an administrative law judge of the NLRB is scheduled for March 1.

Last year, a federal judge dismissed most of a class-action lawsuit over Whole Foods stores disallowing BLM gear at work. Plaintiffs in the civil case accused Whole Foods supervisors of selectively enforcing the policy and of illegal discrimination and retaliation. Even if the claims about unequal enforcement are true, Whole Foods is still not breaking the law, U.S. District Judge Allison Burroughs ruled. “There is no right to free speech in a private workplace,” she said, and it’s legal for a company to choose which messages or logos its staff can endorse while at work.

“At worst, they were selectively enforcing a dress code to suppress certain speech in the workplace,” wrote Burroughs in her decision. “However unappealing that might be,” she continued, “it is not conduct made unlawful” by the Civil Rights Act of 1964. The law “prohibits discrimination against a person because of race. It does not protect one’s right to associate with a given social cause, even a race-related one, in the workplace.”

The Whole Foods/BLM debate “highlights an increasingly incomprehensible position on corporate speech for many on the left,” law professor Jonathan Turley recently suggested. Many progressives have argued that social media platforms, web hosting companies, and other internet entities should be allowed (and encouraged) to ban various types of legal speech—coronavirus misinformation, say, or false claims of election fraud. Under this rubric, Whole Foods should also be allowed to tell employees what messages not to wear at work.

To the extent that conservatives agree that Whole Foods shouldn’t be forced to allow BLM attire as part of its uniforms, the case also highlights hypocrisy on the right, where many have argued that social media companies should be forced to host political content that they find objectionable.

Perhaps the takeaway here is that allowing the government to compel companies to host any type of political speech is a slippery slope. Letting companies decide what kinds of speech they’ll allow on their premises and platforms isn’t only the constitutional thing to do. It’s the best way to ensure that each side will get its way sometimes, and that consumers can avoid being constantly bombarded with political messages at every turn.

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Goldman President Complains Overly “Political” Fed “Does Not Have The Will” To Stop Inflation

Goldman President Complains Overly “Political” Fed “Does Not Have The Will” To Stop Inflation

Shortly before the start of yesterday’s Fed announcement, Goldman Sachs No. 2 John Waldron, the investment bank’s president and a Wall Street insider if there ever was one, apparently decided to vent his frustrations with the Powell Fed in front of a live (if virtual) audience at a meeting of the New Jersey State Investment Council, and (apparently) one Bloomberg journalist.

During what the reporter later characterized as a rant encompassing many of the Fed’s failures in responding to the COVID pandemic, the senior Goldman banker complained that the Fed’s political “independence” has been hurt, which in turn has weakened its credibility with markets. For a preview of how this could play out in the long term, just take a look at how successful Turkey’s central bank has been at enforcing price stability.

The problem is that, thanks to its newfound political bearings, the Fed is more reluctant to take dramatic but ultimately necessary action for fear of damaging its public image (and also giving lawmakers reason to start another round of Fed bashing).

What’s gone on in the past couple of years has brought “into question the independence of the Fed,” Waldron said hours before the Fed’s meeting Wednesday. He questioned the Fed’s strength to act as an “independent, monetary policy engine that is doing what it thinks is right and not what’s expedient.”

“They have a chance here to do that, but I am a little worried about whether they’ll stand up and do it,” Waldron said at a virtual meeting of the New Jersey State Investment Council, where he was a speaker.

As BBG pointed out, the comments represented a “rare jab” by a senior banker. Typically, megabank executives carry water for the Fed by (among other things) appearing on CNBC to proclaim that they have complete confidence in the Fed’s ability to “thread the needle”, as JPM CEO Jamie Dimon recently put it. Even Waldron’s old boss, Lloyd Blankfein, took a break from retirement to make an appearance on “Squawk Box” the other day.

John Waldron

Waldron was reportedly responding to a question about whether the Fed will be able to continue with its planned tightening regimen should markets rebel (as they have). The Goldman banker also said in his reply that he was “not entirely convinced” the Powell Fed would have the nerve or the will.

While rate hikes are interesting and relevant, the executive said, what really matters is the ability and willingness to trim its balance sheet that has more than doubled in the last two years to almost $9 trillion.

“I’m not entirely convinced the Fed has the will to do it,” he said, adding that bond traders share his view. “I’m not sure they believe the Fed has the will either.”

Just hours after these comments, Powell tried to dispel the image that he has been too soft on inflation by delivering a decidedly hawkish Q&A where he stressed that the central bank wouldn’t hesitate to react aggressively if price pressures don’t subside. The FT summed up Powell’s tone in the title of its report on the briefing: “No more Mr. Nice guy”

While Dems might like to blame President Trump for the Fed’s newfound sensitivity to politics, President Joe Biden said just the other day that it’s the Fed’s job to stop inflation. Waldron also blamed the central bank for exacerbating economic inequality with a policy mix that at times seemed geared toward inflating asset prices (to the benefit of asset owners).

Waldron blamed Fed policies for the growing divergence in the fortunes of the rich and the poor, saying that those who already had wealth benefited by the monetary actions over the last decade. “Central bank policy has exacerbated inequality,” he said.

How might the Fed fix this? Waldron isn’t exactly optimistic about Fed Chair Jerome Powell’s ability to do what’s necessary to stop inflation. Unfortunately, there’s really only one man for the job: former Fed chairman Paul Volcker. Even more unfortunately: he died in December 2019 (ironically just months before the Fed unleashed its post-COVID easing).

He pointed to Paul Volcker, who led the Fed’s brute-force campaign against inflation in the late 1970s and early 1980s. Back then, the Fed raised interest rates by several percentage points in one go, leading to some of the fiercest public protests and political critiques of the central bank in its history. But, ultimately, the policies were widely credited with stabilizing the U.S. economy.

“We might need to bring back Paul Volcker,” Waldron said. “And have somebody that would be willing to kind of stay the course without regard to exactly what’s going on in the markets.”

The fact that a top executive at America’s most powerful bank would rather have a zombie leading the Fed than Jerome Powell is hardly a vote of confidence.

Then again, it’s also extremely possible that Waldron was simply talking his (or rather, his employer’s) book: Goldman has been selling billions of dollars in US equities in recent quarters (while its chief stock-market talking head David Kostin continued with his permabullish notes urging clients to BUYBUYBUY).

Of course, if Goldman wants to make money selling equities, it needs to convince somebody else (preferably retail) to buy. That’s just common sense.

Tyler Durden
Thu, 01/27/2022 – 15:21

via ZeroHedge News https://ift.tt/32C0CpU Tyler Durden