More Obama Job Distortions Loom: Overtime Pay Threshold Doubled

Submitted by Michael Shedlock via MishTalk.com,

Not satisfied with economic distortions resulting from the redefinition of full-time employment to 30 hours for Obamacare purposes but 32 hours for every other purpose, President Obama is back at it.

Today, by executive order, Obama doubled the threshold for overtime pay to $47,476 a year.

The Labor Department estimates the ruling will affect 4.2 million workers.

Please consider Obama Administration Extends Overtime Pay to Millions.

Millions more Americans are set to qualify for overtime pay under a final Labor Department regulation, in what could be President Barack Obama’s last big push to shore up workers’ wages.

 

The threshold will be doubled to $47,476 a year from $23,660, a level last updated in 2004, administration officials said Tuesday. That means workers who earn annual salaries of less than $47,476 will be eligible for overtime pay, while eligibility for those with salaries of that much or more will depend on their job duties.

 

The new level is a few thousand dollars less than the $50,440 regulators proposed last year. At that level, the Labor Department estimated 4.6 million workers would be newly eligible. On Tuesday, they said 4.2 million workers would newly qualify for the added pay, with 35% of full-time salaried workers expected to fall below the threshold under the new rule. They also said the rule is expected to boost wages for workers by $12 billion over the next 10 years.

 

Companies will face a choice about how they implement the regulation, including paying their workers overtime or possibly capping their hours, Mr. Biden said. “Either way, the workers win” by either getting paid more or getting their time back to help raise their families or go to school, he said.

 

The administration also took the unprecedented step of ensuring the threshold will be updated automatically, every three years, by indexing it to salary growth in the lowest income region of the country. Also for the first time, the rule will allow bonuses and incentive payments to count toward up to 10% of the new salary level. The rule takes effect on Dec. 1.

 

Even the scaled-back threshold likely won’t satisfy employers who flooded the Labor Department with pleas to lower the amount more sharply. The agency received 270,000 public comments on its proposal, many from employers and industry groups who said the rule would force employers to cut workers’ hours, slow hiring of full-time employees and shift salaried workers to hourly employees who have to punch a clock.

 

The overtime rule is likely to change how businesses compensate employees. The Texas Roadhouse Inc. steak house chain tends to offer lower base salaries, but “a lot of incentive compensation,” President Scott Colosi told investors earlier this month. “It doesn’t sound like the Department of Labor is going to give us much credit for the incentive compensation that we pay.”

 

Before knowing the specifics of the rule, he said bonuses could be reduced by 25% to 50%, so that base salaries for managers could be increased above the threshold.

 

Jeff Lawrence, Domino’s Pizza Inc.’s chief financial officer, said during a recent investor conference call that the company is going to have to see how the rule shakes out. The rule change is primarily “going to cause you to be far more efficient about not having overtime in your stores.”

 

Of the 2.2 million retail and restaurant workers the retail federation expects to be affected, it estimates about 104,000 whose pay is closest to the new likely threshold would see an increase in their base salaries by a total of nearly $159 million, or more than $1,500 for each worker. However, it expects those workers would also see an equivalent decrease in their benefits and bonuses.

 

Likewise, the group estimates hundreds of thousands of workers would be reclassified as hourly employees instead of salaried workers. Many could then have their hours cut to 38 hours a week in order for their employers to avoid paying them any overtime.

Four Likely Consequences

  1. Less Overtime
  2. Reduced benefits
  3. More incentives to dump employees
  4. Reduced bonuses to those most deserving of them

 

Defining Issue of Our Time

Vice President Biden: The rule “goes to the heart of the defining issue of our time, that is restoring and expanding access to the middle class”.

Obama Administration: A sizable jump is needed because inflation has eroded the value of the current threshold, leaving too few eligible for added pay in an economy where wages have stagnated.

Mish: Are wages the problem or is inflation the problem?

Bernanke, Yellen, Larry Summers, and most of mainstream media has everyone convinced that lack of inflation is a problem.

Real-life results suggest otherwise.

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Citi Warns “Something Seems To Be Going On Here” As Rate Hike Fears Storm Back

It all started with a speech by the Atlanta Fed’s Dennis Lockhart and San Francisco Fed’s John Williams yesterday who said that two rate hikes may be warranted this year. Both Fed presidents suggested that they continue to see two to three rate hikes this year. Lockhart also added that markets are currently more pessimistic than he is, while Williams made mention of June being a live meeting and even went as far as to say that his view of gradual hikes also means 3-4 hikes in 2017.

That promptly led a notable repricing in the implied probability of a June and July rate hike, as well as a steep drop in both stocks and equities, bust most importantly Eurodollar futures which were quick spooked by the sudden shift in Fed rhetoric.

And with the (already quite stale) Fed minutes due later today, as well as all important speeches by Yellen’s right hand men, Fischer and Dudlely tomorrow, the market is clearly on edge. But is there really a risk of Yellen slamming the breaks on the Fed’s relent so soon after the Fed’s April announcement which once again reiterated “global” issues as a stumbling block for further tightening?

Here is the take of CitiFX’ Brent Donnelly who, while skeptical of a surprising U-turn by the Fed admits he has “squared up” all his trades, and is waiting for guidance from both the minutes, but especiall Fischer.

Fool me n times

There is decent downside momentum in the US front end, equities and EM as various advisers, CNBC and the market in general pile on the belief that the Fed has begun a coordinated effort to get June or July priced in so they can hike. There is particular focus on the following events:
 
         Today    14:00                FOMC Minutes
         5/19      09:15                Fischer delivers remarks at an event in NYC
         5/19      10:30                Dudley remarks on macroeconomic trends at press briefing
         6/3        03:45                Evans speaks on Economy and Policy in London
         6/6        12:30                Yellen to address World Affairs Council at a luncheon
 

As ridiculous as I feel getting dragged into yet another round of Fed hype after so many past failures to launch, it is hard to deny that there seems to be something going on here. It could either be a bored market triggering a momentum trade that feeds the narrative or it could be the market has sniffed out a change of tone from the Fed as these new Fed events get scheduled. The idea that the Fed would leak info to the advisers is particularly hard to swallow given the Fed is already under investigation by the Justice Department because of possible adviser-related leaks in 2012. So my best guess is that this is just a bunch of people taking a punt and the more the front end moves, the more the story seems credible. Either way, the five events listed above should give us a clear idea pretty soon.
 
I squared up all my trades and I’m going to see how the Minutes and Fischer go. There is plenty of room for disappointment and plenty of room for these USD and rates moves to follow through depending on the outcomes so I think the trade is to go into these events flat with an open mind and trade aggressively in either direction. With the Yellen speech not coming until June 6, and the UK Referendum a week after the FOMC, I can’t see much logic to a June hike. Hiking a week before the UK vote seems like a totally unnecessary risk that this extremely risk-averse Fed would never take. But July makes perfect sense if they want to get a hike out of the way before election mania.
 
If the Fed decides to ratify this new theme, this chart could matter:

US 10-year yield vs. oil since mid-2015

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And The Market Breaks Again…

After yesterday's plunge was unable to be stopped by a late day VIX slam; and this morning pre-open puke, there was only one thing left to do to stall the weakness…

Break The Market…

  • *BATS EXCHANGE:BATS EDGA EXCHANGE HAS DECLARED SELF-HELP VS NYSE
 
Because NYSE has an issue…
 
And the reaction…
 

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Stocks Prepare to Crash As the Last Buyer Stops Buying

Stocks are now on borrowed time.

Corporate buybacks have been the single largest driver of stock prices in the last quarter. Institutional investors have been net sellers for 15 weeks. And individual investors have been pulling capital out of stock funds in record amounts.

This leaves corporate buybacks as the sole driver of stocks. But now that is ending.

Announced buybacks plunged 34% in 1Q16. This is the single largest plunge in announcements since 2009.

Now, this does not mean buybacks are drying up all at once. As you can see in the chart above, there were a record number of buybacks announced in 2015. Those plans are beginning to be implemented.

So there will be a significant degree of corporate buybacks going forward.

However, buyback announcements and actual purchases are not the same thing. Many times companies announce buyback programs that they later fail to complete.  So the buying power here is much less than most realize.

Meanwhile, earnings are collapsing, while stocks remain near all-time highs.

Either earnings need to erupt higher in the next few months (highly unlikely given lack of growth) or stocks need to drop at a minimum 20%.

This whole mess feels just like the end of 2007/ beginning of 2008 to me.

On that note, we are already preparing our clients for this with a 21-page investment report titled the Stock Market Crash Survival Guide.

In it, we outline precisely how the coming crash will unfold, as well as which investments will perform best, including “crash” insurance trades that will pay out big returns during a market collapse.

We are giving away just 1,000 copies of this report for FREE to the public.

To pick up yours, swing by:

http://ift.tt/1HW1LSz

Best Regards

Graham Summers

Chief Market Strategist

Phoenix Capital Research

 

 

 

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Gold Spikes Above $1275 On Sudden Billion Dollar Bid

As an equal opportunity information-provider, we thought it worth noting that following yesterday’s panic-selling puke in precious metals, this morning we are greeted with panic-buying as Gold and Silver spike higher on heavy volume as US stocks open…

8,500 contracts in 4 minutes – or just over a billion dollars notional paper gold bid…

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‘Opioid Epidemic’ Myths: New at Reason

Last week the House of Representatives approved what The New York Times described as “a mountain of bills addressing the nation’s opioid abuse crisis.” The 18 bills passed “by huge bipartisan margins.” A flurry of legislative activity like this usually materializes when the drug problem it targets is already receding, notes Jacob Sullum. That seems to be the case with the so-called opioid epidemic. According to the National Survey on Drug Use and Health (NSDUH), nonmedical use of opioid analgesics such as oxycodone and hydrocodone peaked in 2012 and has since dropped below the rate in 2002. Although the recent decline in prescription painkiller use was accompanied by an increase in heroin use, total opioid use was still lower in 2014 than in 2012.

View this article.

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Knife-Wielding Man Killed By NYPD On 8th Avenue

A man wielding a knife was shot dead by police in Midtown Wednesday morning. According to ABC7, the shooting was on Eighth Avenue near West 50th Street just before 8:30 a.m. Police said a man was armed with a knife, and assaulting or threatening people with it.

Police responded and confronted the suspect. One of the officers sustained an apparent slash wound. He was taken to Bellevue Hospital with a minor injury. Police officers fired and the suspect was killed. The suspect’s knife was recovered at the scene.

A woman at the scene sustained an injured wrist. It is unclear if she was hit by a bullet or hurt otherwise. She was taken to Bellevue. Two other police officers were being treated for minor injuries.

Local streets in the area were being closed, including Eighth Avenue, Broadway and the nearby cross streets.

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The Chart That Will Make Every American Driver Angry

When crude oil prices started to collapse, the great American unwashed were told – day after day – that low oil prices were “unequivocally good” for them. That myth was destroyed as rent, healthcare, and debt-reduction trumped consumer gains. However, as angry Americans are seeing every day now, gas prices at their local pump have been soaring… having never dropped as they should. In fact, as the following anger-inducing chart below exposes, gas prices for the average joe are almost 50% higher than would be expected given the low oil prices…

Since the beginning of 2015, something changed – Gas prices are unchanged while oil prices are 25% lower…

 

So the refiners are buying low (crude oil) and selling high (gas) to cover their losses in production? Fixed costs on gasoline ‘production’? No matter what, it’s the average joe that paid the price.

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The Interests Of A Government In Debt Are Not Aligned With The People

Authored by Axel Merk via Merk Investments,

Since the beginning of the year, the greenback has shown it's not almighty after all; and gold – the barbarous relic as some have called it – may be en vogue again? Where are we going from here and what are the implications for investors?

Like everything else, the value of currencies and gold is generally driven by supply and demand. A key driver (but not the only driver!) is the expectation of differences in real interest rates. Note the words 'perception' and 'real.' Just like when valuing stocks, expectations of future earnings may be more important than actual earnings; and to draw a parallel to real interest rates, i.e. interest rates net of inflation, one might be able to think of them as GAAP earnings rather than non-GAAP earnings. GAAP refers to 'Generally Accepted Accounting Principles', i.e. those are real-deal; whereas non-GAAP earnings are those management would like you to focus on. Similarly, when it comes to currencies, you might be blind-sided by high nominal interest rates, but when you strip out inflation, the real rate might be far less appealing.

It's often said that gold doesn't pay any interest. That's true, of course, but neither does cash. Cash only pays interest if you loan it to someone, even if it's only a loan to your bank through a deposit. Similarly, an investor can earn interest on gold if they lease the gold out to someone. Many investors don't want to lease out their gold because they don't like to accept the counterparty risk. With cash, the government steps in to provide FDIC insurance on small deposits to mitigate such risk.

While gold doesn't pay any interest, it's also very difficult to inflate gold away: ramping up production in gold is difficult. Our analysis shows, the current environment has miners consolidating, as incentives to invest in increasing production have been vastly reduced. We draw these parallels to show that the competitor to gold is a real rate of return investors can earn on their cash. For U.S. dollar based investors, the real rate of return versus what is available in the U.S. may be most relevant. When it comes to valuations across currencies, relative real rates play a major role.

So let's commit the first sin in valuation: we talk about expectations, but then look at current rates, since those are more readily available. When it comes to real interest rates, such a fool's game is exacerbated by the fact that many question the inflation metrics used. We show those metrics anyway, because not only do we need some sort of starting point for an analysis, but there's one good thing about these inflation metrics, even if one doesn't agree with them: they are well defined. Indeed, I have talked to some of the economists that create these numbers; they take great pride in them and try to be meticulous in creating them. To the cynic, this makes such metrics precisely wrong. To derive the real interest rate, one can use a short-term measure of nominal rates (e.g. the 3 month T-Bill, yielding 0.26% as of this writing), then deducting the rate of inflation below:

Description: MILLC.Marketing:Insights newsletters and blogs:2016 Merk Insights:2016-05-09 support:2016-05-16-inflation.jpg

The short of it is that, based on the measures above, real interest rates are negative. If you then believe inflation might be understated, well, real interest rates may be even more negative. When real interest rates are negative, investing cash in Treasury Bills is an assured way of losing purchasing power; it's also referred to as financial repression.

Let's shift gears towards the less precise, but much more important world of expectations. We all know startups that love to issue a press release for every click they receive on their website. Security analysts ought to cut through the noise and focus on what's important. You would think that more mature firms don't need to do this, but the CEOs of even large companies at times seem to feel the urge to run to CNBC's Jim Cramer to put a positive spin on the news affecting their company.

When it comes to currencies, central bankers are key to shaping expectations, hence the focus on the "Fed speak" or the latest utterings coming from European Central Bank (ECB) President Draghi or Bank of Japan's (BoJ) Kuroda. One would think that such established institutions don't need to do the equivalent of running to CNBC's Mad Money, but – in our view – recent years have shown quite the opposite. On the one hand, there's the obvious noise: the chatter, say, by a non-voting Federal Open Market Committee (FOMC) member. On the other hand, there are two other important dimensions: one is that such noise is a gauge of internal dissent; the other is that such noise may be used as a guidance tool. In fact, the lack of noise may also be a sign of dissent: we read Fed Vice Chair Fischer's absence from the speaking circuit as serious disagreement with the direction Fed Chair Yellen is taking the Fed in; indeed, we are wondering aloud when Mr. Fischer will announce his early retirement.

This begs the question who to listen to, to cut through the noise. The general view of Fed insiders is that the Fed Governors dictate the tone, supported by their staff economists. These are not to be mistaken with the regional Federal Reserve Presidents that may add a lot to the discussion, but are less influential in the actual setting of policy. Zooming in on the Fed Governors, Janet Yellen as Chair is clearly important. If one takes Vice Chair Fischer out of the picture, though, there is currently only one other Ph.D. economist, namely Lael Brainard; the other Governors are lawyers. Lawyers, in our humble opinion, may have strong views on financial regulation, but when it comes to setting interest rates, will likely be charmed by the Chair and fancy presentations of her staff. I single out Lael Brainard, who hasn't received all that much public attention, but has in recent months been an advocate of the Fed's far more cautious (read: dovish) stance. Differently said, we believe that after telling markets last fall how the Fed has to be early in raising rates, Janet Yellen has made a U-turn, a policy shift supported by a close confidant, Brainard, but opposed by Fischer, who is too much of a gentleman to dissent in public.

It seems the reason anyone speaks on monetary policy is to shape expectations. Following our logic, those that influence expectations on interest rates, influence the value of the dollar, amongst others. Former Fed Chair Ben Bernanke decided to take this concept to a new level by introducing so-called "forward guidance" in the name of "transparency." I put these terms in quotation marks because, in my humble opinion, great skepticism is warranted. It surely would be nice to get appropriate forward guidance and transparency, but I allege that's not what we have received. Instead, our analysis shows that Bernanke, Yellen, Draghi and others use communication to coerce market expectations. If the person with the bazooka tells you he (or she) is willing to use it, you pay attention. And until not long ago, we have been told that the U.S. will pursue an "exit" while rates elsewhere continue lower. Below you see the result of this: the trade weighted dollar index about two standard deviation above its moving average, only recently coming back from what we believe were extremes:

Description: MILLC.Marketing:Insights newsletters and blogs:2016 Merk Insights:2016-05-09 support:2016-05-16-dollar.pdf

If reality doesn't catch up with the storyline, i.e. if U.S. rates don't "normalize," or if the rest of the world doesn't lower rates much further, we believe odds are high that the U.S. dollar may well have seen its peak. Incidentally, Sweden recently announced it will be reducing its monthly bond purchases (QE); and Draghi indicated rates may not go any lower. While Draghi, like most central bankers, hedges his bets and has since indicated that rates might go lower under certain conditions after all, we believe he has clearly shifted from trying to debase the euro to bolstering the banking system (in our analysis, the latest round of measures in the Eurozone cut the funding cost of banks approximately in half).

On a somewhat related note, it was most curious to us how the Fed and ECB looked at what in some ways were similar data, but came to opposite conclusions as it relates to energy prices.

The Fed, like most central banks, like to exclude energy prices from their decision process because any changes tend to be 'transitory.' With that they don't mean that they will revert, but that any impact they have on inflation will be a one off event. Say the price of oil drops from $100 to $40 a barrel in a year, but then stays at $40 a barrel. While there's a disinflationary impact the first year, that effect is transitory, as in the second year, inflation indices are no longer influenced by the previous drop.

 

The ECB, in contrast, raised alarm bells, warning about "second round effects." They expressed concern that lower energy prices are a symptom of broader disinflationary pressures that may well lead to deflation. We are often told deflation is bad, but rarely told why. Let's just say that to a government in debt, deflation is bad, as the real value of the debt increases and gets more difficult to manage. If, in contrast, you are a saver, your purchasing power increases with deflation. My take: the interests of a government in debt are not aligned with those of its people.

Incidentally, we believe the Fed's and ECB's views on the impact of energy prices is converging: we believe the Fed is more concerned, whereas the ECB less concerned about lower energy prices. This again may reduce the expectations on divergent policies.

None of this has stopped Mr. Draghi telling us that US and Eurozone policies are diverging. After all, playing the expectations game comes at little immediate cost, but some potential benefit. The long-term cost, of course, is credibility. That would take us to the Bank of Japan, but that goes beyond the scope of today's analysis.

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Privatize the Damned TSA Already!

The horror-show headlines are coming daily at this point. “Travelers sound off on nightmarish lines at Chicago airports,” “TSA Head Apologizes to Chicago for Long Lines: ‘I Don’t Know What That Was,” “TSA uproar spills into Congress.” Getting through security lines at the airport is like waiting for the new ride at Universal Studios, only without the Butterbeer. Technocratic liberals are in open revolt at the embarrassing, obvious-to-all incompetence of the bureaucracy that Congress inexplicably willed into existence after 9/11, instead of simply mandating some new screening rules and letting skin-in-the-game airports figure out the best delivery systems.

On Fox Business Network’s After the Bell program Friday, I declared that enough is enough: Privatize the sumbitch already:

For a thorough policy dive into how best to dismantle the Transportation Security Administration, read this great 2013 Reason Foundation report by Robert Poole and Shirley Ybarra.

Reason on the TSA here.

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