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    House China committee targets top clothing brands in forced labor inquiry

    Reps. Mike Gallagher and Raja Krishnamoorthi, leaders of the House CCP Committee, sent letters to leaders at Nike, Shein, Temu and Adidas about possible trade law violations.
    Shein and Temu are further accused of using a tariff loophole to sell goods made with forced labor to U.S. customers.
    The companies have been asked to respond by May 16.

    A shopper carries a bag of Nike merchandise along the Magnificent Mile shopping district on December 21, 2022 in Chicago, Illinois. 
    Scott Olson | Getty Images

    WASHINGTON — A House committee examining the U.S. government’s economic relationship with China is asking some of the world’s largest clothing companies for information about the use of forced labor during production — a potential violation of U.S. trade law.
    Lawmakers asked retailers Temu, Shein, Nike and Adidas North America about the use of materials and labor sourced from the Xinjiang Uyghur Autonomous region of China, according to letters sent to company leaders on Tuesday. Such practices would constitute violations of the 2021 Uyghur Forced Labor Prevention Act, according to the lawmakers.

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    Congress passed the UFLPA with bipartisan support after the State Department determined China is “committing genocide against Uyghurs and other minority groups in Xinjiang.”
    The letters were sent to Rupert Campbell, president of Adidas North America; Qin Sun, president of Temu; Chris Xu, CEO of Shein and John Donahoe, president and CEO of Nike, Inc. They were signed by Reps. Mike Gallagher, R-Wisc., chair of the House Select Committee on the Chinese Communist Party, and Ranking Member Raja Krishnamoorthi, D-Ill.
    “Using forced labor has been illegal for almost a hundred years—but despite knowing that their industries are implicated, too many companies look the other way hoping they don’t get caught, rather than cleaning up their supply chains. This is unacceptable,” Gallagher in a statement. “American businesses and companies selling in the American market have a moral and legal obligation to ensure they are not implicating themselves, their customers, or their shareholders in slave labor.”
    The inquiries also follow a March hearing of the committee that included an expert assessment finding that U.S. companies finance “state-sponsored forced labor programs in the Uyghur region.”
    The lawmakers requested responses to their questions, including the identity of materials suppliers, supply chain policies and audit measures for suppliers, by May 16.

    Representatives for the companies did not immediately respond to requests for comment from CNBC.
    The latest inquiries follow a separate bipartisan effort earlier this week urging the Securities and Exchange Commission to require Shein to certify it does not use Uyghur labor before the company can expand into the U.S. market. Shein has denied the accusation.
    Chinese brands Shein and Temu, which is owned by Chinese parent company PDD Holdings, are also accused of capitalizing on a 90-year-old loophole to avoid tariffs on many goods sold directly to U.S. consumers, the lawmakers said Tuesday.
    The lawmakers say Shein and Temu rely heavily on the de minimus provision of Section 321 of the Tariff Act of 1930 to waive import tariffs if the fair retail value of in the country of shipment does not exceed $800. More

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    Stocks making the biggest moves after hours: PacWest, SolarEdge, Etsy, Qualcomm and more

    The Etsy website
    Gabby Jones | Bloomberg | Getty Images

    Check out the companies making headlines after hours.
    PacWest, Western Alliance, Comerica – Shares of PacWest plunged more than 50% in extended trading following a Bloomberg News report that the regional bank was exploring strategic options, including a potential sale. The news weighed on other mid-sized banks as well. Shares of Western Alliance dropped 27%. Valley National’s shares slid 13%, and Comerica fell nearly 12%.

    SolarEdge Technologies — SolarEdge Technologies jumped about 9% after beating first-quarter expectations on the top and bottom lines. The firm reported adjusted earnings of $2.90 per share against a $1.92 estimate, on revenue of $944 million that topped a $933 million consensus, according to analysts polled by Refinitiv.
    Etsy — Etsy jumped 6.7% after beating first-quarter revenue expectations. The online marketplace focused on handmade goods reported revenue of $641 million, topping the estimate of $622 million, according to consensus data from Refinitiv. Per-share earnings of 53 cents matched expectations.
    Qualcomm — Qualcomm fell 2.2% after issuing weaker-than-expected third-quarter guidance. The semiconductor maker expects earnings per share between $1.70 and $1.90 earnings, lower than the consensus estimate of $2.16. Second-quarter revenue beat estimates, while per-share earnings came in as expected, according to Refinitiv.
    Zillow Group — Shares popped 4.9% after Zillow Group topped first-quarter revenue estimates. The online real estate marketplace posted revenue of $469 million, above the $425 million estimate, according to analysts polled by Refinitiv. Zillow did not post per-share earnings information in its press release.
    TripAdvisor — TripAdvisor slid 6.2% after disappointing first-quarter earnings results. The online travel firm posted adjusted earnings of 5 cents per share, lower than the consensus forecast for 7 cents per share, according to Refinitiv. Revenue of $371 million beat consensus estimates for $359 million.

    Frontier Group Holdings — The stock added about 2% after Frontier Group Holdings posted a narrower-than-expected first-quarter loss. The firm reported a loss of 6 cents per share, better than the 8 cents per share loss expected by analysts, according to Refinitiv. Revenue topped estimates.
    — CNBC’s Jesse Pound contributed reporting More

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    Stocks making the biggest moves midday: CVS Health, Eli Lilly, Clorox, Yum and more

    A CVS pharmacy stands in a Brooklyn neighborhood on February 08, 2023 in New York City.
    Spencer Platt | Getty Images

    Check out the companies making the biggest moves midday:
    CVS Health — Shares fell 3.68% after the company cut its 2023 forecast due to costs related to recent acquisitions of Signify Health and Oak Street Health. CVS cut its 2023 adjusted earnings guidance to a range of $8.50 to $8.70 per share from its previous projection of $8.70 to $8.90 per share. However, the company beat earnings and revenue expectations for the first quarter.

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    Kraft Heinz — The consumer staples stock added 2.03% after the company topped analysts’ expectations for both revenue and adjusted earnings per share, according to Refinitiv. The company also upped its guidance for the full year, to an adjusted EPS of $2.83 to $2.91 from its prior guidance of $2.67 to $2.75 per share.
    Estée Lauder — Shares tumbled nearly 17.34% after the beauty products company slashed its full-year guidance, citing volatility in Asian travel and a slower recovery in the region than expected. It guided for adjusted earnings per share of $3.29 to $3.39 for the year, versus prior guidance of $4.87-$5.02 and analyst estimates of $4.96, per StreetAccount.
    Eli Lilly — The stock gained 6.68% after the pharmaceutical company’s clinical trial data showed its donanemab drug slowed the progression of Alzheimer’s disease.
    Starbucks — Shares of the world’s largest coffee chain fell 9.17%. On Tuesday, the company reported quarterly earnings and revenue that beat analysts’ expectations. China, the company’s second-largest market, saw its same-store sales increase, for the first time since Starbucks’ fiscal third quarter in 2021.
    Clorox — Shares rallied 4,7%. On Tuesday, the consumer products firm posted fiscal third-quarter adjusted earnings per share of $1.51 topped the $1.22 per share expected by analysts polled by Refinitiv. Revenue also beat, coming in at $1.91 billion versus the $1.82 billion expected by Wall Street.

    ImmunoGen — Shares of the biotech company soared 135.77% after ImmunoGen announced the “practice-changing” results of its phase three trial for its experimental ovarian cancer drug, Elahere. The trial showed the drug demonstrated a “statistically significant and clinically meaningful improvement” in prolonging the lives of patients, the firm said.
    Livent — The stock jumped 6.95%. The lithium company reported a big first-quarter earnings beat on Tuesday. Adjusted earnings per share came in at 60 cents, versus the 39 cents expected by analysts polled by FactSet. Its revenue of $253.5 million topped estimates of $230.2 million.
    Generac — Shares of the generator manufacturer added 11.61%. Generac surpassed expectations for quarterly earnings earlier in the day, reporting 63 cents per share, while analysts polled by FactSet forecasted 48 cents.
    Advanced Micro Devices — The semiconductor stock fell 9.22%. On Tuesday, the company reported a 9% decline in first-quarter revenue from the year prior, and a 65% drop in PC and processor sales. AMD also said it expects about $5.3 billion in sales in the current quarter, less than the $5.48 billion expected by Wall Street.
    Chegg — The beleaguered stock bounced back 12% on Wednesday, after losing more than 48% in the prior session. On Monday evening, the online education company said on the earnings call that ChatGPT is hurting its growth. On Tuesday, CEO Dan Rosensweig called the plunge “extraordinarily overblown.”
    Yum Brands — The restaurant operator’s stock shed 3.91% after the company’s earnings missed estimates. Its adjusted earnings per share for the first quarter came in at $1.06, compared to the $1.13 expected, per Refinitiv. Revenue topped estimates, however, at $1.65 billion, versus the $1.62 billion expected.
    PacWest Bancorp, Western Alliance Bancorp — Shares of PacWest shed 1.98%, adding to the 28% loss on Tuesday on renewed concerns over the health of the sector. Western Alliance lost 4.4%, while Zions Bancorporation dropped 5.27%.
    Pearson — U.S.-shares of the educational technology stock rose 11% after Bank of America said the stock was unfairly hit in sympathy with Chegg’s Tuesday fall.
    Wingstop — Wingstop jumped 9.35% after beating first-quarter estimates. The restaurant chain reported adjusted earnings of 59 cents per share, topping the 45 cents per share predicted, according to consensus estimates from FactSet. The chicken wing chain posted revenue of $108.7 million, topping the $99.5 million estimate.
    Verisk Analytics – Shares gained 7.93% after the company reported adjusted earnings per share of $1.29 for the first quarter, topping estimates of $1.19, per FactSet. Revenue also beat, coming in at $651.6 million, versus the $633.2 million expected.
    — CNBC’s Brian Evans, Yun Li, Alex Harring and Sarah Min contributed reporting. More

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    UAW withholding Biden reelection endorsement until EV concerns are addressed

    Leaders of the United Auto Workers are withholding a reelection endorsement for President Joe Biden until the union’s concerns about the auto industry’s transition to all-electric vehicles are addressed.
    UAW President Shawn Fain says the union wants a “just transition” for workers, as the government uses taxpayer money to subsidize the EV industry.
    This doesn’t mean the historically Democratic union is backing a Republican. In the Tuesday letter, Fain also noted “another Donald Trump presidency would be a disaster.”

    UAW President Shawn Fain chairs the 2023 Special Elections Collective Bargaining Convention in Detroit, March 27, 2023.
    Rebecca Cook | Reuters

    DETROIT – Leaders of the United Auto Workers are withholding a reelection endorsement for President Joe Biden until the union’s concerns about the auto industry’s transition to all-electric vehicles are addressed, according to a Tuesday letter sent by UAW President Shawn Fain to union staff.
    Fain, who was elected union president in March, said the UAW wants a “just transition” for workers. He argues that is currently not the case as automakers invest billions of dollars, with the support of taxpayer money, to move from traditional vehicles to EVs.

    “The federal government is pouring billions into the electric vehicle transition, with no strings attached and no commitment to workers,” Fain said in the message obtained by CNBC. “The EV transition is at serious risk of becoming a race to the bottom. We want to see national leadership have our back on this before we make any commitments.”
    How to transition traditional auto workers into new jobs for EVs has been a major concern for the UAW for several years. A 2018 study by the union found mass adoption of EVs could cost the UAW 35,000 jobs. However, the union has more recently said that number could be lower.
    The UAW has historically supported Democrats. However, former President Donald Trump was able to gain notable support from blue-collar auto workers during his presidential campaign.
    In the Tuesday letter, Fain said “another Donald Trump presidency would be a disaster,” citing the need for the union to “get our members organized behind a pro-worker, pro-climate, and pro-democracy political program that can deliver for the working class.”

    Speaking in front of a backdrop of American-made vehicles and a UAW sign, President Joe Biden speaks about new proposals to protect U.S. jobs during a campaign stop in Warren, Michigan, September 9, 2020.
    Leah Millis | Reuters

    Biden’s campaign did not immediately respond to a request for comment.

    Biden has been a vocal supporter of unions during his presidency, but automakers have increased investments in recent years in states with “right to work” laws.
    Fain’s letter, which was first reported by The Detroit News, comes nearly two weeks after he said the union would “back the candidates that support us” in 2024.
    Such messaging is a far stronger political stance than the union, which previously endorsed Biden, has taken in recent years, when former leaders and company officials were under a federal corruption investigation.
    Fain and other newly elected union leaders ran as reform candidates for the union who would be more vocal and aggressive for its members.
    “Right now, we’re focused on making sure the EV transition does right by our members, our families, and our communities,” Fain wrote. “We’ll be ready to talk politics once we secure a future for this industry and the workers who make it run.”
    In the letter, Fain singles out the Detroit automakers for recent announcements surrounding plant closures and idling related to EVs that turned workers’ lives “upside down.” Most notably, earlier this year, Stellantis idled a Jeep plant in Illinois, citing the need to cut costs to invest in EVs.
    Fain also noted the pay rate at a recently opened Ultium Cells LLC battery plant near Lordstown, Ohio — a joint venture between General Motors and LG Energy Solution — compared with that of traditional automotive assembly plants.
    Ultium has said hourly workers currently make between $16 and $22 an hour with full benefits, incentives and tuition assistance. That compares to traditional hourly UAW members that can make upward of $32 an hour at GM plants.
    Joint venture battery facilities are viewed as crucial for the UAW to grow and add members, as automakers such as GM transition to EVs, which require less traditional labor and parts than cars with internal combustion engines.
    “The situation at Lordstown, and the current state of the EV transition, is unacceptable,” Fain said. “We expect action from the people in power to make it right. I want to make sure our staff are armed and ready with the same tone and message.”  More

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    America faces a debt nightmare

    On a wall in Manhattan, not far from Times Square, America’s debt clock ticks steadily higher, from $3trn when it was inaugurated in 1989 to more than $31trn today. After climbing for so many years with no obvious economic fallout, it is easy to ignore, not least because it was moved from its location on a busy street corner to a quiet passageway. But its relentless climb is suddenly a risk to the global economy. That is because it is now butting up against America’s debt ceiling—a device as manufactured as the clock itself, though which presents a far graver danger.The debt ceiling is the amount Congress has authorised America’s government to borrow in order to meet its basic obligations, from providing medical insurance to paying military salaries. The current ceiling for gross debt is $31.4trn (117% of gdp), and America is careening towards it. On May 1st, Janet Yellen, the treasury secretary, warned that the government was set to exhaust its cash reserves and run out of budgetary gimmicks as soon as June 1st. At this point, America would face either a sovereign default or swingeing cuts to state spending. Either outcome would be devastating for global markets. A default would undermine faith in the world’s most important financial system; big budget cuts could trigger a deep recession. Even if Congress manages to raise the debt ceiling before anything so dire happens, its flirtation with disaster serves as a warning about the deterioration of America’s fiscal health and the difficulty of recovering it.The debt ceiling is a political creation devoid of any fundamental economic meaning. No other country binds its hands in such a crude manner. However, this means it needs a political solution, which cannot be taken for granted given present gridlock. Investors have started to turn queasy amid the uncertainty about whether Democrats and Republicans will be able to work together. Yields on Treasury bills maturing in early June rose by a percentage point after Ms Yellen’s warning, an indication few want to hold government paper that may get caught in the crossfire.A bill proposed by Kevin McCarthy, Republican speaker of the House of Representatives, would push the ceiling into 2024, while slashing trillions of dollars in spending over the next decade and gutting plans to combat climate change. The bill passed the Republican-controlled House on April 27th but is a non-starter for Democrats, meaning it will not clear the Senate.Separately, a gambit by Democrats in the House, known as a discharge petition, could enable a simple increase of the ceiling. But it would require five Republicans to break ranks with Mr McCarthy and side with the Democrats, which few are wont to do heading into an election year.Still, the betting is that America’s politicians will somehow find a way through the impasse, as they have done in the past. President Joe Biden has invited leaders from both parties to a meeting in the White House on May 9th, at which negotiations are likely to get under way—something Mr Biden had hoped to avoid, preferring a “clean” bill to raise the ceiling. If and when this happens, America’s budgetary gymnastics will fade from view, much like the debt clock itself. That, however, will be a shame, for the country’s finances are on increasingly precarious ground. The core measure of vulnerability is not, in the first instance, America’s debt level but rather its ballooning fiscal deficit.Over the past half-century the federal deficit in America has averaged about 3.5% of gdp a year. In the near future such a deficit level—once seen by fiscal hawks as evidence of profligacy—may come to be viewed as a relic of a more prudent time. In its latest update in February, the Congressional Budget Office (cbo), a non-partisan body, projected that America’s deficit would average 6.1% over the next decade.This is probably an underestimate. The cbo does not include recessions in its projections. Even without the scale of spending unleashed when covid-19 struck, recessions lead to higher deficits as tax revenues fall and automatic stabilisers such as unemployment insurance rise.Like many analysts, the cbo is also struggling to put a price tag on the Biden administration’s vast new industrial policy. It initially thought spending on subsidies for electric vehicles, renewable energy and more would cost about $400bn over the next decade. But because so many of the subsidies come in the form of uncapped tax credits, Goldman Sachs, a bank, reckons the bill may be closer to $1.2trn.What’s more, the cbo only offers projections based on current laws. As the political landscape changes, so do laws—with a disconcerting tendency for deficits to drift wider. In 2017 Donald Trump passed a series of tax cuts that are due to expire in 2025. In making its projections the cbo is required by statute to assume that they will expire as scheduled. Yet few politicians want to raise taxes. Mr Biden is also vying to implement a student-loan forgiveness plan that would add to the deficit.When factoring in just a portion of these variables—the higher spending on industrial policy plus a continuation of Mr Trump’s tax cuts—the deficit would average 7% over the next decade and hit nearly 8% by the early 2030s. Year after year, such expansive borrowing would lead to a vastly bigger national debt. On the cbo’s trendline the federal debt would roughly double to nearly 250% of gdp by mid-century. Well before that time the debt clock in New York, which currently runs to 14 digits, would need to add a 15th as national debt crosses the $100trn line.There is no iron-clad threshold beyond which deficits or debt are a problem. Rather, they can be seen as corrosive, threatening to visit progressively more harm on the economy. When debts are large to begin with, higher interest rates—in full display over the past year—are harder to digest. The main reason the cbo recently revised up its deficit estimates for the 2020s is higher financing costs for the government. At the start of 2022 it had anticipated rates on three-month bills to average 2% over the next three years; now it expects 3.3%. Whereas interest outlays amounted to less than half of defence spending over the past five decades, the cbo now projects they will be a third higher than such spending by 2033. The guns-or-butter dilemma risks becoming a bonds-not-guns straitjacket.Rates may come down in future. They may also stay high for a while yet. And in the higher-rate world that America now inhabits, large deficits can lead to pathologies. To fund so much borrowing, the government must attract a greater share of savings from the private sector. This leaves less capital for corporate spending, reducing the ability of firms to invest. With less new capital at their disposal, workers become less productive and growth slower.At the same time, the government’s need to attract savings from investors at home and abroad can place upward pressure on interest rates. The risk that investors, especially foreigners, decide to shift money elsewhere would add to America’s fiscal vulnerability. That, in turn, would constrain the state’s ability to deploy stimulus in the face of cyclical slowdowns.The result would be an economy both poorer and more volatile than it would have been in a universe where deficits were kept under control. In short, fiscal incontinence is something best avoided.How to avoid this sorry fate? The economic prescription is straightforward; the politics of delivering it are anything but. Even before the interest-rate shock, it was easy to anticipate that deficits would increase over time. The biggest share of federal spending is mandatory expenditures on social security, health insurance and the like, which are prescribed by laws and not subject to the vagaries of the annual budget-setting process. Already big, they will bulge as the population ages. Annual spending on income support for the elderly will be as much as all spending on education, the environment, national defence, science and transportation by 2033.The government estimates that trust funds which help bankroll both social security and health programmes will be insolvent by the early 2030s. At that moment America would face a basic choice between slashing benefits and raising taxes. A similar calculation will apply to all other aspects of the federal budget: some combination of reducing expenditures and raising revenues is the only way to prevent a crippling rise in the federal deficit.They ought to knowIn reporting this article, your correspondent spoke to three former cbo bosses. As economists who have spent more time than just about anyone in America thinking about its fiscal picture, they are uniformly worried about the risks of rising deficits and the lack of appetite for fixes.“The average American has gone through the 21st century with presidents who said we didn’t have a problem. So why should anyone bother now with hard reforms?” says Douglas Holtz-Eakin, who led the institution under George W. Bush. “There’s going to be a generation of voters that can’t get anything they want, because all the money has been spoken for.”Doug Elmendorf, the cbo’s boss under Barack Obama, says Republicans have learned that it is toxic to cut entitlements, while Democrats have learned to steer clear of tax rises. “Both those positions are obviously politically popular, but they take off the table the biggest pieces of the federal budget,” he says. “So it’s increasingly hard for either party to develop a plan that puts fiscal policy on a sustainable path, much less agree on a set of policies.”Keith Hall, boss from late in Mr Obama’s time through much of Mr Trump’s, thinks it will take a fiscal crisis to force action. “But then we’re looking at really draconian cuts that give us a bad recession, simply because they waited too long,” he says. “Policymakers, Congress and the president, they just don’t take it seriously.”For all their concern about the fiscal outlook, the former cbo directors are, like most sane individuals, also unanimous in the view that a failure to lift the debt ceiling now, therefore opening the door to default, is a horrific idea. The mere threat of doing so risks further impairing the government’s finances by driving up borrowing costs and weighing down economic growth. America requires a serious political debate and bipartisan agreement to put its budget on sounder footing. Alas, its leaders are inclined neither to seriousness nor to agreement. ■ More

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    Fed increases rates a quarter point and signals a potential end to hikes

    The Federal Reserve approved its 10th interest rate increase in just a little over a year and dropped a tentative hint that the current tightening cycle is at an end.
    The widely expected decision, which takes the fed funds rate to a target range of 5%-5.25%, was unanimous.
    The post-meeting statement omitted a sentence present in the central bank’s March comments saying that “the Committee anticipates that some additional policy firming may be appropriate” for the Fed to achieve its 2% inflation goal.

    The Federal Reserve on Wednesday approved its 10th interest rate increase in just a little over a year and dropped a tentative hint that the current tightening cycle is at an end.
    In a unanimous decision widely expected by markets, the central bank’s Federal Open Market Committee raised its benchmark borrowing rate by 0.25 percentage point. The rate sets what banks charge each other for overnight lending but feeds through to many consumer debt products such as mortgages, auto loans and credit cards.

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    The increase takes the fed funds rate to a target range of 5%-5.25%, the highest since August 2007.
    Markets, though, are more focused on whether the Fed will pause here, particularly with lingering concerns over economic growth and a banking crisis that has rattled nerves on Wall Street. Stocks rose slightly and Treasury yields were mostly lower immediately following the Fed news, but stocks struggled to hold on to the gains.

    During Wednesday’s news conference, Chairman Jerome Powell said “a decision on a pause was not made today” but noted the change in the statement language around future policy firming was “meaningful.”
    The post-meeting statement had only offered some clarity on the future pace of rate hikes — and not by what it said but what it didn’t say. The document omitted a sentence present in the previous statement saying that “the Committee anticipates that some additional policy firming may be appropriate” for the Fed to achieve its 2% inflation goal.
    The statement also tweaked language to outline the conditions under which “additional policy firming may be appropriate.” Previously, the FOMC had framed the forward guidance around how it would determine “the extent of future increases in the target range.”

    The statement reiterated that the Fed “will take into account the cumulative tightening of monetary policy, the lags with which monetary policy affects economic activity and inflation, and economic and financial developments.”
    Taken together, the moves are at least a tenuous nod that while tight policy could remain in effect, the path ahead is less clear for actual interest rate hikes as policymakers assess incoming data and financial conditions.

    ‘Tighter’ credit for households

    Wednesday’s decision comes amid U.S. economic fragility and over the objections of prominent Democratic lawmakers, who urged the Fed this week to stop rate hikes that they insisted could cause a recession and excessive loss of jobs.
    However, the labor market has remained strong since the increases started in March 2022. At the same time, inflation is still well above the 2% target that policymakers consider optimum. Multiple officials have said rates probably will need to stay elevated even if the hikes are put on hold.
    “Inflation has moderated somewhat since the middle of last year, nonetheless inflation pressures continue to run high and the process of getting inflation back down to 2% has a long way to go,” Powell told reporters.

    Along with inflation, the Fed has had to deal with tumult in the banking industry that has seen three mid-size banks shuttered.
    Though central bank officials insist the industry as a whole is stable, an expected tightening in credit conditions and heightened regulations ahead are expected to weigh further on economic growth that was just 1.1% annualized in the first quarter.
    The post-meeting statement noted that “tighter credit conditions for households and businesses are likely to weigh on economic activity, hiring and inflation.” The language was similar to the March statement, which came just after the collapse of Silicon Valley Bank and Signature Bank.
    The Fed’s own economists at the March FOMC meeting warned that a shallow recession is likely due to the banking issues.
    Issues in the financial sector have continued, with JPMorgan Chase on Monday taking over First Republic. Powell said such a transaction was an “exception.” Although the it wasn’t an ideal situation, Powell said it was a “good outcome” for the banking system.

    The statement from this week’s meeting also reiterated that economic growth has been “modest” while “job gains have been robust” and inflation is “elevated.”
    “Although the FOMC statement is slightly more dovish by what it left out from the last statement, it nonetheless makes it clear that the Fed remains data dependent as it acknowledges that inflation remains elevated but underscores that it wants to monitor the cumulative effects of its aggressive rate hike campaign,” said Quincy Krosby, chief global strategist at LPL Research.
    “The statement provides a solid platform from which the Fed can move in any direction without unduly surprising markets,” Krosby added.

    Higher rates added to banking issues

    While higher rates have compounded the banking problems, Fed officials insist they are focused squarely on inflation.
    Recent data points have indicated a softening in price increases, though “sticky” items such as housing costs and medical care have remained higher, while prices that tend to change a lot, such as food and energy, actually have decelerated, according to Atlanta Fed calculations.
    Markets are anticipating that slower growth and the possibility of recession will force the Fed to cut rates later this year.
    Manufacturing has been in a contraction for the past six months, according to an Institute for Supply Management gauge. However, the services sector, which entails a broader slice of the $26.5 trillion U.S. economy, has been pointing to expansion.
    The labor market also has remained resilient. Payroll processing firm ADP reported Wednesday that hiring by private sector companies increased by 296,000 in April, well ahead of economists’ expectations. That served as a potential signal that for all the Fed’s efforts to cool demand for labor and correct a supply-demand imbalance, issues remain. More

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    What the First Republic deal means for America’s banks

    “Life isn’t knights on horseback,” Logan Roy, the former boss of WayStar Royco, a media conglomerate, and lead character of “Succession”, a television drama, tells his son Kendall. He is warning his offspring that life is not about heroes. “It’s a number on a piece of paper. It’s a fight for a knife in the mud.” As usual, the old bastard was right. Almost everything in finance can be reduced to a deal between two parties: a number on a piece of paper. Every time someone buys a share they are cutting a deal in which they swap cash for a slice of a company; a loan is a deal in which one party pays cash now in exchange for a stream of the stuff through time. Private-equity investing is the art of a good deal; so is buying property. Sometimes one person gets a good deal, another a bad one—but not all deals are zero-sum. A borrower and lender can both walk away happy from a paid-off mortgage. A healthy financial system, then, is rife with deals. A sickly one is not. When the system is consumed by uncertainty or fear, it is just about impossible to get to a good deal. That another bank was willing and able to buy the troubled First Republic, which was seized by the Federal Deposit Insurance Corporation (fdic) on May 1st, is something of a relief. After a flurry of dealmaking in the early phase of the global financial crisis of 2007-09, there was too much uncertainty and fear for more to be done. And there was no deal to be cut for the entirety of Silicon Valley Bank (svb) in March. When your columnist recently asked a bank boss why he did not submit a bid for svb, he quipped back: “Other than the $20bn hole in its balance-sheet?” The deal for First Republic includes three main parts: a payment of $10.6bn in cash by JPMorgan Chase to the fdic; a promise to pay $50bn more, plus interest at a fixed rate, over the next five years; and a credit guarantee for loans JPMorgan is assuming. It was structured in this way to increase the amount JPMorgan was willing to pay, and thus to reduce the burden on the fdic, as is the regulator’s goal.At first glance, the guarantee and loan appear a little strange. First Republic’s problem was not, after all, that it offered bad mortgages to risky borrowers. Its problem was that it offered 30-year mortgages at a 1% interest rate to rich people reportedly including Mark Zuckerberg—and that rates have jumped since, reducing the value of the loans. Yet the credit guarantee serves a purpose. It makes it easier for JPMorgan to meet regulatory capital requirements; one of which assigns risk-weights to assets. Loans with a guarantee attract a lower weight. The funding line also looks a little needless. JPMorgan has plenty of excess funding. It has more than $500bn in cash parked in deposits with the Federal Reserve and other banks. But to help fund the $180bn or so in assets JPMorgan is acquiring it will take on $90bn in new deposits, $30bn in loans from the Federal Home Loan Bank, plus the $50bn loan from the fdic. In theory JPMorgan could simply pay the fdic $60.6bn, rather than $10.6bn, in cash now and forgo the loan. The problem is that banks also have to meet liquidity-coverage ratios (a measure of the cash or cash-like assets a bank has on hand to meet an estimate of outflows in a stress scenario). Depleting even large cash buffers while acquiring new liabilities would ding the firm on this measure. On a call with analysts Jeremy Barnum, JPMorgan’s chief financial officer, described the loan as helping the bank both better match assets with liabilities as well as manage “liquidity consumption”. All of which is to say the deal was made just sweet enough for JPMorgan to bite. It did not harm the acquirer, and the acquirer did not have to raise new equity. Banks that bought assets from svb also did so without raising fresh capital. This makes sense: problems faced by banks become more acute when they take actions that might spark runs. Indeed, the collapse of svb followed an equity-issuance announcement. Crafting a deal that leaves an acquirer materially worse off might spark a similar situation. Such a scenario is hard to imagine at JPMorgan; it is not so elsewhere.Still, a deal that leaves an acquirer strong and minimises regulatory costs leaves nothing for shareholders or bondholders of the old bank. That is probably what they deserve, given they invested in an insolvent institution. But it is also why investors in other banks now fear they will meet a similar fate. The share and bond prices of other smaller regional banks have plunged. If this spooks depositors, more deals will be needed. ■ More

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    McDonald’s franchisees fined after 305 minors, including 10-year-olds, found working illegally

    Two 10-year-olds were among over 300 minors found to be working in violation of federal labor laws at McDonald’s restaurants across Kentucky and other states, the Labor Department said Tuesday.
    Three franchisees operating 62 McDonald’s locations across Indiana, Kentucky, Maryland and Ohio were found to have violated federal labor laws.
    The franchisees face over $200,000 in estimated civil money penalties.

    McDonald’s location in Louisville, Kentucky.
    Luke Sharrett | Bloomberg | Getty Images

    More than 300 minors — including two 10-year-olds who were unpaid — were found to be working in violation of federal labor laws at McDonald’s franchise restaurants across Kentucky and other states, the U.S. Labor Department said this week.
    The franchisees in total face over $200,000 in estimated civil money penalties.

    The department’s Wage and Hour Division determined three separate franchisees operating 62 McDonald’s locations across Indiana, Kentucky, Maryland and Ohio violated federal labor laws by employing 305 children to work more than the legally permitted hours, as well as perform tasks illegal for young workers. Of the 62 restaurants, 45 were in Kentucky, according to department data.
    “These reports are unacceptable, deeply troubling and run afoul of the high expectations we have for the entire McDonald’s brand,” Tiffanie Boyd, senior vice president and chief people officer at McDonald’s USA, said in a statement to NBC News. “It is not lost on us the significant responsibility we carry to ensure a positive and safe experience for everyone under the Arches.”
    The news comes as Republican lawmakers have targeted child labor laws nationwide. This week, GOP state lawmakers in Wisconsin circulated a bill that would allow 14-year-old workers to serve alcohol in bars and restaurants. Republican-led bills have also been pushed in states like Arkansas, Iowa and Ohio that would make it easier for teenagers to work longer hours and more jobs.
    Labor Department investigators discovered two 10-year-olds working unpaid as late as 2 a.m. at a McDonald’s location in Louisville, Kentucky, operated by Louisville-based Bauer Food LLC, according to a Tuesday release.
    According to NBC News, Bauer Food LLC said the 10-year-olds were children of a night manager visiting their parent at work and thus were not approved by management to be in that part of the restaurant. The franchisee has taken steps to make clear to employees all policies regarding children visiting a parent or guardian at work.

    That franchisee was also found to be employing 24 children under 16 to work more than legally permitted hours, according to investigators, amounting to $39,711 in civil money penalties. These hours are restricted by law to 7 a.m. to 7 p.m., except between June 1 and Labor Day when they extend to 9 p.m.
    “Too often, employers fail to follow the child labor laws that protect young workers. Under no circumstances should there ever be a 10-year-old child working in a fast-food kitchen around hot grills, ovens and deep fryers,” said Karen Garnett-Civils, the Labor Department’s Wage and Hour Division district director in Louisville.
    Archways Richwood LLC, based in Walton, Kentucky, was found to have allowed 242 children aged 14 and 15 to work more than the allowable hours. The Labor Department said children were found to work more than three hours on school days and earlier or later in the day than the law allows, amounting to an estimated $143,566 in penalties.
    Archways Richwood LLC did not immediately respond to a request for comment.
    Bell Restaurant Group I LLC, also in Louisville, was found to have allowed 39 workers aged 14 and 15 to work outside allowable hours, amounting to an estimated $29,267 in penalties, the department said.
    Last year, the Labor Department division found that 688 minors were employed illegally in hazardous positions in fiscal year 2022, the highest annual count since fiscal year 2011. The division said a 15-year-old child was injured in June 2022 in Tennessee while using a deep fryer.
    “One child injured at work is one too many. Child labor laws exist to ensure that when young people work, the job does not jeopardize their health, well-being or education,” said Garnett-Civils. More