The terms of the bailout loans are such that they can lay off people before they apply, get the money, and so long as they don't lay off any additional people after they get the money, the loan converts into a grant (i.e., a free bailout from the Federal government).
My personal opinion is that giving free money to companies is a terrible idea, and they should just give helicopter money to individuals. Companies are going to engineer this to their maximum benefit, and the amount of money going to companies is much much greater than the amount going to individuals.
Interesting times we live in. It's important to ignore what people say, and instead focus on what they actually do.
When COVID hit, within a week we had customers dropping out of our sales funnel. Half of our expected revenue growth disappeared as customers decided to reduce risk and stick with existing solutions. This is what happens when the market goes “risk off”.
My company, like most, is leveraged. If I don’t earn positive cash flow, covenants on my debt will trigger a default, instantly ruining the firm. One default cascades to all the facilities, because that’s how debt works.
So, if I need to get to cash flow neutral, I am going to lay people off. I have no other option. It’s either that, or ruin.
This is why the government is supporting businesses by effectively becoming a lender of last resort. By tapping government loans, I can maintain my employees while we wait out what will probably be a short period of downturn. The money I have been offered is three year. Three years from now, we have either figured this thing out or we are living in caves. I’ll pay back the loan and my employees will keep their jobs. That’s how this works.
If I could provide feedback to policy makers: government should get something in return for the largesse. A small stake in each company, for instance, that we have the option of buying back at cost later. Because if society is supporting my business, society should have a stake in its recovery. I have not seen that happening anywhere.
I am guessing that restaurants would be pretty happy if that's all they were facing.
If businesses can buy it back at cost later, is this not a textbook example of moral hazard?
Now I in no way believe you, or business people like you, are responsible for this debacle any more than the average person on the street - rather, it is these gigantic but incredibly fragile corporations that have optimized for profitability at the expense of stability/resiliency who have put the entire country in an extremely precarious place. Again. 12 years after the last one, which a lot of "non-expert" people saw coming, while the "expert" economists and policy makers poo-poo'd these warnings, patting these people on the head as if they were children who are unable to think on the same level as them. Technically, they are right, in a way - us regular folks truly do not think on the same level as them, in that we tend to not posses the magnitude of arrogance and self-confidence it requires to drive straight into a clearly visible wall at top speed, while ignoring all warnings.
Will we learn anything this time? I predict we won't, and I speculate that the core reason is that we have a fundamental problem in our culture. Our cultural axioms (the way we believe reality is, the way we believe society and commerce should be structured, etc) contain imperfections. Until we are willing to consider this possibility, and then proceed with a serious[1] post incident analysis, with a goal of honestly identifying shortcomings and setting out to fix them for good, I'm afraid we will repeat this whole process over again within 20 years.
Think about the magnitude of the aggregate intelligence that exists within the HN community, with broad expertise across many domains. And not just HN, but all the various communities out there. Imagine if these "non-experts" were to one day say: "We have had enough. Let's stop fighting among each other, put our heads together, and start writing policy papers of how this should be done, go through a standard process of review, criticism, refinement, etc (just like we do on any engineering project), and then publish and publicize the results of this work widely. Let's use our combined minds, and voices, to once and for all put some detailed and implementable ideas out into the public domain, and shine a light on them for all to see. Then, when "the experts" come up with their self-serving plan, we can start a process of compare and contrast, pointing out in extreme clarity, in words understandable to both layman and domain expert[2], exactly where they have hidden their backdoors."
Granted this is no small task, but is it impossible? And if we don't do it, what are the consequences of that choice (because doing nothing is a choice).
[1] By serious, I mean: no restrictions on access to information (and therefore no restrictions on who can get involved in an analysis - "many eyes"), no restrictions on speech, no single entity (corporations, lobbyists, mainstream media) dictating the narrative to citizens). The post 2008 analysis is not what I would call serious. A more appropriate word for that would be "theater", not unlike many other rituals our society engages in.
[2] Ideally, the information would be presented in various levels of detail, catered to different demographics, not that dissimilar to those who do contribute documentation to open source projects.
In wartime there is a much stronger moral backlash against perceived profiteering. We're seeing it in the UK with campaigns to boycott companies that have already shown no desire to share the nation's pain.
Hopefully companies that cynically abuse the bailout will find themselves tarnished in a way that is harder to shake off than it usually is.
The law makers are the ones who write the cheques and make the system the way it is. The real problem is how laws are made and how the government functions.
I will add that all of a sudden, I have way more respect for Amazon ( not for their employee practices ; it is a separate can of worms ). Their website just works. I tried to do similar things yesterday on BestBuy I did on Amazon and it was just made purposefully difficult.
In my darker moments, I want some of those companies to fail hard now so that something better may be ushered in. But then I remember people don't behave in a civilized manner then.
This is false. The formula for the maximum amount of the loan is based on last years employment levels, or optionally, for companies that were not in business last year, based on January-February employment levels.
Any layoffs now do not help make the loan any larger, they will in fact reduce the size of the loan.
See Section 1102(a)(2)(36)(E) and 1106(d)(2).
The formula for the amount of the loan which can be forgiven is based on the employment levels remaining at last year's levels. There is an exemption in the case of tipped workers, as long as any layoffs are hired back by June 30th. (that is to say, the number of employees, not the same employees)
EDIT:
https://www.congress.gov/bill/116th-congress/house-bill/748/...
The amount of loan forgiveness under this section shall be
reduced, but not increased, by multiplying the amount described
in subsection (b) by the quotient obtained by dividing--
(i) the average number of full-time equivalent
employees per month employed by the eligible recipient
during the covered period; by
(ii)(I) at the election of the borrower--
(aa) the average number of full-time equivalent
employees per month employed by the eligible recipient
during the period beginning on February 15, 2019 and
ending on June 30, 2019; or
(bb) the average number of full-time equivalent
employees per month employed by the eligible recipient
during the period beginning on January 1, 2020 and
ending on February 29, 2020;
(II) in the case of an eligible recipient that is
seasonal employer, as determined by the
Administrator, ...a) If you have monthly payroll that is higher than 4M a month (2.5x4m=10M), than you can cut payroll and not have your total loan amount impacted (although it might impact the amount of loan forgiveness)
b) If you hired a ton of people over the last year, your average monthly payroll costs is going to be lower than your current payroll costs. And seeing as how the comparison period for forgiveness is the first half of 2019, this gives companies a free pass to cut employment to those levels without punishment.
So yeah, not all companies would benefit from layoffs (particularly smaller companies that have no little or no employment growth in the past year), but it seems like at least some could. The caveat here is I am not very familiar with the bill, so I may be missing some clauses that protect against the above scenario.
EDIT: Also, its not clear to me how the 25% salary cut exemption and the max $100k clause play into this. It seems like the payroll ratios that are used to adjust the loan forgiveness amount don't get adjusted. So in the above loopholes, instead of laying off employees, you could cut salaries without penalty. Alternatively, you could cut salaries by 25% but add more employees to the payroll to get the same monthly total in order to qualify for the full forgiveness.
-----------
(3) REDUCTION RELATING TO COMPENSATION.—The amount of loan forgiveness under this section shall also be reduced by the amount of any reduction in excess of 25 percent of compensation in the most recent full quarter in which the employee was paid in compensation during the covered period of any employee who was compensated—
(A) in an amount less than $33,333 during the period beginning on March 1, 2019 and ending on June 30, 2019; or
(B) not more than $100,000 on annualized basis during 2019.
------------
IANAL, but that sounds like employers can reduce employee compensation by 25% without any reduction in loan forgiveness, for any employee making less than $100k/yr.
Also, unless the individual workers are being tracked, they could also fire the existing workers, and hire replacements at a 25% reduction in compensation. Especially at the more easily replaceable sectors of the labor force, there are a lot of people desperate for employment right now.
EDIT: The Application section states:
-------------
(e) Application.—An eligible recipient seeking loan forgiveness under this section shall submit to the lender that originated the covered 7(a) loan an application, which shall include documentation verifying the number of full-time equivalent employees on payroll and pay rates for the periods described in subsection (d), including—
(1) payroll tax filings reported to the Internal Revenue Service;
(2) State income, payroll, and unemployment insurance filings;
(3) financial statements verifying payment on debt obligations incurred before the covered period; and
(4) any other documentation the Administrator determines necessary.
-------------
So it says they are interested in the number and fulltime-equivalent employees and pay rates, but nothing about the replacement of existing workers, although that information should be available in the payroll, state, and unemployment tax filings. With all likelihood, they are just looking at totals, just for efficiency's sake in processing the number of loan applications. This seems to leave a loophole open for unscrupulous employers to dock employee pay 25% without cause.
This is all an emergency drill of course. We're all going to see how this shakes out.
Many businesses forced to shutdown ops thanks to the lockdown continue to pay staff, bills, rents, suppliers etc etc even though there is zero cash flowing in. Everyday the loss mounts. And its not like govt paying the employees directly wipes that loss out when they return to work.
Most business aren't run by people just sitting around waiting for Godzilla to show up, to lay people off and get bailouts from govt.
It's entirely reasonable for businesses to be compensated by the government in this situation. It's also reasonable to point out that the compensation is not enough, and it won't come soon enough, and some businesses will need to lay off staff to survive until they get the check.
But the support for businesses should be limited to those that aren't laying off people. Not with some window to lay them off now, and meet a requirement later.
Support for businesses needs to be designed to help workers.
But what's happened when we've airdropped money on businesses? They pocket the cash. Executives get bonuses, companies buy back stock and cut dividends to their shareholders. And to show their commitment to belt-tightening, they punish consumers and lay off workers. Trickle-down economics does not work. Paying companies does not help the workers as much as paying the workers directly.
[1] https://www.forbes.com/sites/zackfriedman/2019/01/11/live-pa...
Bailout money should come only for those who keep the work force in place. European countries have a thing called "short-time work", where you put staff on restricted schedules and the government pays e.g. 80% of the difference between the normal and the shortened hours. This is thightly coupled to not being able to do mass layoffs while "short-time work" is in place.
We can't keep the old oligopoly and bail them out. Loans and grants are both bailouts.
This is not a bailout, it’s another transfer of wealth using the same model that was prototyped during the last financial crisis.
In 2008 you had misbehaving companies taking huge risks with the (correct) assumption that they were too big to fail.
But what we have now is the government forcing businesses closed. It only makes sense that the government provide some assistance to those companies.
It feels great to quote Chomsky and to feel morally pure, I've certainly done it. But the truth is you would not like the result of that purity should the government follow that advice. The Federal Government and Federal Reserve acted in a ideologically pure fashion in 1929, and it caused a depression and hurt working people the most.
Secondly, we do have assistance programs for workers that have been laid off.
To Chomsky's point, in America we don't even have capitalism- we have "socialism for the rich," and when you propose "real capitalism" the capitalists run for their pitchforks and knives. My favorite fact about capitalism, is that in a truly free market society, there's zero economic profit. What most people consider "profit" (or as I know it "the cream") is actually a sign of market manipulation whereby those profiting are paying less than they should for their labor, rent, and/or supplies.
Recommending socialism in America is always met with resistance, but I have no idea... Workers who claim to be capitalists, and I would think want to maximize their realized revenue, don't want to be paid what their worth going against their own philosophy. They accept the market as it is as pure and perfect when that is empirically not the case. Right now "socialism" would be a market correcting force, returning a lot of power and money to labor.
I could literally go on for hours... so I'll stop here.
if we care enough we can compile a simple list of layoffs happy companies to boycott.
This corporate welfare is garbage, and they’re then being stingy with what they’re giving to individuals? Fuck the politicians.
https://taxfoundation.org/did-2001-tax-rebate-checks-stimula...
https://www.thebalance.com/bush-economic-stimulus-package-33...
That's... kind of a large part of the point as far as I understand. It doesn't matter where the money gets spent (rent, necessities, luxuries, hobbies, whatever) - the important thing is to keep the economy moving. When large portions of the economy are disrupted all at once (jobs lost, businesses failed) there's the potential for a domino effect.
It’s important there are vocal leaders showing the sacrifices they are making — otherwise it’s easy for others to pretend it isn’t possible to make the same sacrifice.
(Ok I’ve said my piece, I won’t continue to be a hater :P)
What's more, signaling corporate responsibility + personal ethics is a part of his company in the same way that Elon Musk's flamboyancy is a part of Tesla.
I much prefer the former.
It implies that to the immoral who pretend they’re moral. It reminds them of their own hollowness, which provokes a lashing out.
making a dramatic announcement to his 120-member staff on April 13, inviting NBC News and The New York Times to cover it
The reaction was tsunamic, with 500 million interactions on social media and NBC's video becoming the most shared in network history.
https://www.inc.com/magazine/201511/paul-keegan/does-more-pa...
I'm confused as to how he managed to parlay a tsunamic reaction of 500M social media interactions into a 16yo company whose finances are in need of slashing the CEO's salary to zero.
You're only looking at one side of the equation. The CEO wanted to ensure that his employees were all making a living wage. He's so committed to that that he's taking the same wage. To spin that as a foundering business is rather disingenuous.
I wish more executives would take more modest wages. My employer would have a lot more runway if our execs were making the same as the rest of us. Hard to buy into "belt-tightening exercises" where we sack a dozen qualified and necessary employees whose salaries don't add up to a single executive salary...
Cutting $70k only helps one person keep their job. How many employees do they have?
Anyways, I still applaud his desire to keep 100% of his employees. It is noble. Board and shareholders might disagree but it is nice to see someone looking out for the people ahead of the business in this time.
120 employees
He revealed to Inc. that he has sold all his stocks, emptied his retirement accounts, and mortgaged his two properties -- including a $1.2 million home with a view of Puget Sound -- and poured the $3 million he raised into Gravity. As majority owner, he is not exactly penniless.
https://www.inc.com/magazine/201511/paul-keegan/does-more-pa...
He's the majority owner of Gravity
There's probably financial value that's hard to model/capture in the balance sheet by retaining employees and building up the average years of experience in your workforce, etc.
Longer answer: it doesn't matter as much as you'd think. These companies making huge layoffs are facing an existential crisis, not slimming down for a revenue shortfall.
According to my own understanding of US tax code(s), one must not reduce their w-2 income to zero - or even relatively small numbers that do not befit their position or responsibilities.
The issue here is that a funding for welfare programs, such as social security, are taken from wage earnings. It is, in fact, preferable for me, as a business owner, to reduce wages to zero and take compensation in the form of dividends or distributions.
But I cannot legally do that. I have been advised by multiple tax professionals that not only can I not do that, but I cannot have a conspicuously low salary. At the very least I need to hit the max social security threshold to avoid scrutiny.
So I always wonder how these $1 and $0 earners make this work on their personal tax returns ...
This is an expensive (?) HR and PR Ad.
In 10 years the popularity of the company should be higher than today, the company will be sold and gutted.
He did something similar 7 years ago, so I don’t think he has some ulterior motive with all this or a grand plan. IDK, Seems like a great guy to me.
Sounds like he's promising security to his employees, and eating the variance himself - taking a hit in bad times and, conversely, making bank in good times. Sounds fair to me!
As majority owner, he is not exactly penniless.
https://www.inc.com/magazine/201511/paul-keegan/does-more-pa...
Good question ¯\_(ツ)_/¯
VCs are talking about how no net new deals are getting done, and the stock market is touch and go each week.
The CEO of Texas Roadhouse, a chain of restaurants, gave up his salary and bonuses to redirect to employees[2]. A particularly noteworthy example, I think.
Large companies with cash in the bank may not have this problem, but small businesses often only have a few months of runway.