Biden’s ESG Tax on Your Retirement Fund

Link: https://www.wsj.com/articles/bidens-esg-tax-on-your-retirement-fund-pension-planning-regulation-climate-change-investment-returns-portfolios-11658245467?st=4e8f8bvbqr4vurf&reflink=desktopwebshare_permalink

Excerpt:

BlackRock CEO Larry Fink wrote in 2020 that “sustainable investing is the strongest foundation for client portfolios.” Al Gore said in 2021 that “you don’t have to trade values for value. Green can enhance returns.” These claims haven’t aged well: ESG (environmental, social and governance) funds have trailed the market since the beginning of the year and are badly underperforming the sectors they shun, including oil, gas and coal.

That may spur retirement fund managers to reconsider their commitments to ESG funds. But new ESG-favoring regulations may come to the rescue. Last year the U.S. Labor Department proposed a regulation that would tell retirement-fund managers to consider ESG factors such as “climate change” and “collateral benefits other than investment returns” when investing employees’ money.

This would encourage America’s perpetually underfunded pension plans to invest in politically correct but unproven ESG strategies. It would also violate retirees’ basic right to have their money invested solely to advance their financial interests.

….

The new regulation may also expose fiduciaries who don’t consider ESG factors to lawsuits. Already, activist shareholders are pursuing litigation against public companies that don’t take ESG-approved steps. NortonLifeLock was sued for allegedly breaching its fiduciary duties by telling investors it was committed to “diversity” when it had no racial minorities on its board. Exxon was sued for allegedly misleading investors by failing to disclose the likely effect of climate change on its bottom line. To date, courts have generally found that no reasonable investor would make investment decisions based on board diversity or, as one judge put it, “speculative assumptions of costs that may be incurred 20+ or 30+ years in the future.”

Author(s): Vivek Ramaswamy and Alex Acosta

Publication Date: 19 Jul 2022

Publication Site: WSJ

Inflation Hits 9.1 Percent, Highest Level in 41 Years

Link: https://reason.com/2022/07/13/inflation-hits-9-1-percent-highest-level-in-41-years/?utm_medium=email

Graphic:

Excerpt:

Prices were 9.1 percent higher in June than a year before, exceeding expectations and surging to a 41-year high.

Department of Labor data released Wednesday morning showed that inflation picked up speed in June, rather than slowing. Prices rose by 1.3 percent during the month, up from a 1 percent increase in May. A sharp rise in energy prices, and gasoline prices particularly, helped power the annualized inflation rate to its highest levels in more than four decades. Food prices rose by 1 percent during June, and are up 10.4 percent over the past year.

Author(s): Eric Boehm

Publication Date: 13 July 2022

Publication Site: Reason

Undermining Pension Reform

Link:https://www.city-journal.org/undermining-pension-reform

Excerpt:

The Biden administration is trying to prohibit California from receiving billions of dollars in new federal aid because, the administration claims, the state’s 2013 Public Employee Pension Reform Act (PEPRA) denied workers the right to bargain for changes to their retirement benefits. The move could undermine state-worker pension reforms passed over the last decade.

In a letter to the state, the Department of Labor says that the 2013 pension-reform act “significantly interferes” with the collective bargaining rights of public employees, including transit workers. As a result, California risks losing some $12 billion in transportation money, most of it from the recently passed federal infrastructure bill. The administration is strong-arming the state and its municipalities to choose between tens of billions of dollars in savings for a deeply indebted pension system and grants from Washington. And its move raises serious questions about similar reforms enacted by other states that allow collective bargaining by public employees, including New York and New Jersey.

….

The Labor Department’s ruling, California governor Gavin Newsom said in a letter to Walsh, “deprives financially beleaguered California public transit agencies that serve essential workers and our most vulnerable residents of critical support, including American Rescue Plan Act funds that those agencies need to survive through the pandemic.” Newsom called the decision a “complete reversal” from a 2019 ruling by the Labor Department, which held that the state’s pension reforms did not represent a violation of federal law.

Author(s): Steven Malanga

Publication Date: 23 Nov 2021

Publication Site: City Journal

A Made-in-Washington Inflation Spike

Link: https://www.wsj.com/articles/a-made-in-washington-inflation-spike-11623362377?mod=opinion_lead_pos1

Excerpt:

The Labor Department’s consumer price index surged 5% year-over-year in May, the largest increase since August 2008 when oil was $140 a barrel. But don’t worry, Americans. The Federal Reserve says inflation is “transitory” and that it has the tools to control prices if they start to spiral out of control. Let us pray.

Nobody should be surprised that prices are increasing everywhere from the grocery store to the car dealership. Demand is soaring as the pandemic recedes while supply constraints linger, especially in labor and transportation. As always, this is a price shock largely made by government. Congress has shovelled out trillions of dollars in transfer payments over the past year, and the Fed has rates at zero while the economy may be growing at a 10% annual rate.

The personal savings rate in April was 14.9%, double what it was before the pandemic. Record low mortgage interest rates have enabled homeowners to lower their monthly payments to burn more cash on other things. Congress’s $300 unemployment bonus and other welfare payments for not working have contributed to an enormous worker shortage, which is magnifying supply shortages.

All of this is showing up in higher prices. Over the last 12 months, core inflation excluding food and energy is up 3.8% and much more for used cars (29.7%), airline fares (24.1%), jewelry (14.7%), bikes (10.1%) and footwear (7.1%). Commodity prices from oil to copper to lumber have surged. Higher lumber prices are adding $36,000 to the price of a new home.

Author(s): Editorial Board

Publication Date: 10 June 2021

Publication Site: WSJ

Pay a Living Wage or ‘Flip Your Own Damn Burgers’: Progressives Blast Right-Wing Narrative on Jobs

Link: https://www.commondreams.org/news/2021/05/07/pay-living-wage-or-flip-your-own-damn-burgers-progressives-blast-right-wing

Excerpt:

Soon after the Labor Department released its April jobs report, the U.S. Chamber of Commerce blamed last month’s weak employment growth on the existence of a $300 weekly supplemental jobless benefit and began urging lawmakers to eliminate the federally enhanced unemployment payments that were extended through early September when congressional Democrats passed President Joe Biden’s American Rescue Plan. 

“No. We don’t need to end [the additional] $300 a week in emergency unemployment benefits that workers desperately need,” Sen. Bernie Sanders (I-Vt.) said in response to the grumbles of the nation’s largest business lobbying group. “We need to end starvation wages in America.”

“If $300 a week is preventing employers from hiring low-wage workers there’s a simple solution,” Sanders added. “Raise your wages. Pay decent benefits.”

Author(s): Kenny Stancil

Publication Date: 7 May 2021

Publication Site: Common Dreams

Has the Pandemic Set Female Leadership Back?

Link: https://knowledge.wharton.upenn.edu/article/pandemic-set-female-leadership-back/

Excerpt:

About 2.3 million women have exited the U.S. labor force since the pandemic began, compared with about 1.8 million men, according to government data. Many were driven out by layoffs in food service, health care, and hospitality — sectors that employ a majority of women and that have been most affected by the economic slowdown. Others left their jobs voluntarily, forced to stay home and care for children suddenly unable to attend school or daycare.

As a result, female participation in the workforce has dropped to 57%, a level not seen since 1988. The situation is dire enough that U.S. President Joe Biden called it “a national emergency.” With schools reopening and vaccines becoming more widely available, there is light at the end of the pandemic tunnel, but questions remain about whether working women will recover from such a deep setback.

Publication Date: 30 March 2021

Publication Site: Knowledge @ Wharton

Characteristics of minimum wage workers, 2020

Link: https://www.bls.gov/opub/reports/minimum-wage/2020/home.htm

Excerpt:

Age. Minimum wage workers tend to be young. Although workers under age 25 represented just under one-fifth of hourly paid workers, they made up 48 percent of those paid the federal minimum wage or less. Among employed teenagers (ages 16 to 19) paid by the hour, about 5 percent earned the minimum wage or less, compared with 1 percent of workers age 25 and older. (See tables 1 and 7.)

Publication Date: February 2021

Publication Site: Bureau of Labor Statistics

New York Unemployment Claims Show a Year of Economic Devastation

Link: https://www.osc.state.ny.us/reports/impact-covid-19-march-4-2021

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Excerpt:

Immediately before the pandemic hit New York, for weeks ending in late February and early March 2020, statewide UI claims averaged around 167,000. Those claims almost doubled to over 314,000, as the shutdown went into effect, starting a weeks-long upward spike that reached more than 3.1 million in mid-May. The historic peak of nearly 3.4 million claimants came in the last week of May 2020. The totals from May onward include claimants under the Pandemic Unemployment Assistance program (PUA) which provides benefits to individuals not traditionally eligible for unemployment assistance because of self-employment or certain other reasons. (Due to the PUA and other factors, the numbers of workers claiming unemployment benefits differ from the count of those officially counted as unemployed, which peaked in New York State at 1.5 million or 15.9 percent of the labor force in July 2020.)

The longstanding, regular State program of UI benefits funded by employer contributions was the only source of benefits for the first six weeks shown in the graph and continued to fund the largest numbers of claims into early August. (These payments were supplemented by additional federally funded benefits of $600 or $300 weekly for much, though not all, of the period shown.)

Author(s): Thomas DiNapoli

Publication Date: 4 March 2021

Publication Site: Office of the New York Comproller

Wall Street wants to end Trump-era ESG fund rule for 401(k) plans

Link: https://www.cnbc.com/2021/03/04/wall-street-wants-to-end-trump-era-esg-fund-rule-for-401k-plans.html

Excerpt:

The Labor Department issued a rule in October, during the Trump administration, that experts say would curb use of ESG funds in 401(k) plans.

Money managers and other stakeholders are pushing the Biden administration to scrap the rule or agree not to enforce it, according to a report in The Wall Street Journal.

Investor demand for ESG funds has grown significantly. 401(k) plans represent a big untapped growth source.

Author(s): Greg Iacurci

Publication Date: 4 March 2021

Publication Site: CNBC

Wall Street Lobbies to Bring More ESG Funds Into 401(k)s

Link: https://www.wsj.com/articles/wall-street-lobbies-to-bring-more-esg-funds-into-401-k-s-11614767400?mod=djemwhatsnews

Excerpt:

Money managers are lobbying to scrap a Trump-era rule that makes it difficult for 401(k) plans to invest in socially focused funds.

The Labor Department ruleannounced in October, imposed restrictions on what can and can’t be offered as company 401(k) funds. One result is that plans can’t use funds with nonfinancial goals as default investments for employees.

That means 401(k) overseers and managers need to show that environmental, social and governance strategies can boost financial returns—a challenge for the nascent industry. ESG-focused funds are a growing profit center for asset managers.

Lobbyists representing managers, pensions and retirees began making calls to the Biden transition team in the weeks after the rule was announced. Some lobbyists urged the incoming administration to agree not to enforce the rule and place it under review, said people familiar with the matter.

Author(s): Dawn Lim

Publication Date: 2 March 2021

Publication Site: Wall Street Journal

Many Businesses Support a Minimum-Wage Increase—Just Not Biden’s $15-an-Hour Plan

Link: https://www.wsj.com/articles/many-businesses-support-a-minimum-wage-increasejust-not-bidens-15-an-hour-plan-11614604077

Excerpt:

Still, a higher minimum wage puts pressure on smaller businesses that can’t raise wages as easily as large companies, which can adapt by deploying labor-saving technology or modestly adjusting hours for large workforces, said Jonathan Meer, an economist at Texas A&M University.

“It’s a lot harder for Joe’s Hardware,” he said. “We should take note that Amazon — the place with no cashiers — is the one calling for a higher minimum wage.”

Fewer than 250,000 people in the nation’s workforce of 140 million last year were paid exactly the federal minimum wage, which hasn’t changed since 2009, the Labor Department said last week.

Author(s): Eric Morath and Heather Haddon

Publication Date: 1 March 2021

Publication Site: Wall Street Journal

Pension Crisis Is Challenge DOL Nominee Is Positioned to Handle

Link: https://news.bloomberglaw.com/daily-labor-report/pension-crisis-is-challenge-dol-nominee-is-positioned-to-handle

Excerpt:

Boston Mayor Marty Walsh has vowed to work with both parties as Labor Department secretary to address the hundreds of underfunded multiemployer pension plans in the U.S. that are now in danger of collapsing.

The big problem standing in his way? Congress has that power, not the U.S. Labor Department, according to labor attorneys and industry insiders. Which means that if Walsh is confirmed by the full Senate for the Cabinet spot, the two-term mayor will have to rely on his organized-labor background and a unique propensity to bridge divides and broker deals outside DOL’s scope to help rescue the tapped-out plans.

“The thing that is going to be pretty neat about going in to see Secretary Walsh is you’re not going to spend the first 20 minutes trying to explain what the heck a multiemployer pension plan is,” said Timothy Lynch, a senior director at Morgan Lewis in Washington who testified in 2018 before the now-defunct Joint Select Committee on the Solvency of Multiemployer Pension Plans.

Author(s): Austin R. Ramsey

Publication Date: 1 March 2021

Publication Site: Bloomberg Law