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     Oct 13, 2007
Page 4 of 4
SUPERCAPITALISM, SUPER IMPERIALISM
PART 2: Deregulation: Global war on labor
By Henry C K Liu

Fair Labor Standards Act of 1938 of the Depression New Deal era and gradually raises the federal minimum wage from $5.15 per hour to $7.25 per hour. It was signed into law on May 25, 2007 as part of the US Troop Readiness, Veterans Care, Katrina Recovery and Iraq Accountability Appropriation Act, 2007. The act raises the federal minimum wage in three increments: to $5.85 per hour



60 days after enactment (2007-7-24), to $6.55 per hour 12 months after that (2008-07-24), and finally to $7.25 per hour 12 months after that (2009-07-24). If the minimum wage were to rise at the same rate as CEO pay, it would be $22.61 per hour in 2006, about what Japanese auto makers pay their workers.

In his article, Reich did attack income inequality between CEOs and workers. But he asserts that "depending on shareholders to rein in CEO pay is like relying on gamblers to rein in the owners of Las Vegas casinos". Yet casino operators are more honest than most corporate managements, whose governance is notoriously abusive of minority rights.

CEO pay is obscene
The Financial Times reported in a front page story on October 8 that US companies are facing fresh pressure from regulators and shareholders to rein in excessive executive pay.

In a special to CorpWatch, June 26th, 2007 entitled "Soaring Executive Pay Attacked by Shareholder Activists", Sam Pizzigati detailed the efforts of shareholder activists. In 2006, the CEOs of the 500 biggest US companies averaged $15.2 million in total annual compensation, according to Forbes business magazine's annual executive pay survey. The top eight CEOs on the Forbes list each pocketed over $100 million.

Larry Ellison, CEO of business software giant Oracle, was not in the top eight. But as the 11th richest man in the world, who ended 2006 being worth more than $16 billion, he should not complain on missing being among the top 10.

University of Chicago economist Austan Goolsbee points out that a CEO like Ellison literally cannot spend enough on personal consumption to stop his fortune from growing. Goolsbee calculates that Ellison would have to spend over "$183,000 an hour on things that can't be resold for gain, like parties or meals, just to avoid increasing his wealth".

In 2006, Yahoo shares had sunk 35%, or about $20 billion, in value. Top talent, according to press reports, was jumping ship, not because of low pay but because of loss of confidence in the company's future. A leaked internal Yahoo memo - known in tech sector circles as the "Peanut Butter Manifesto" - said that, like peanut butter on toast, Yahoo management was spreading the company dangerously thin.

Yahoo CEO Terry Semel pocketed $71.7 million in 2006, over twice the take-home of any other chief executive in Silicon Valley. Since 2001, the year he left Hollywood to take Yahoo's top slot, Semel has cashed out an additional $450 million in personal stock option profits.

By early June, three major shareholder advisory companies - which advise large investors how to vote at corporate annual meetings - urged a "no" vote on the re-election of three Yahoo board members who had served on the company's executive pay committee. One of the three companies, Proxy Governance Inc, noted that Semel's compensation was running 926% "above the median paid to CEOs at peer companies". Shareholder activism forced the Yahoo corporate board to announce Semel's resignation

Angelo Mozilo is CEO of Countrywide Financial, the largest US home mortgage lender. The New York Times describes its entire operation, from its computer system to its incentive pay structure and financing arrangements, as intended to wring maximum profits out of the mortgage lending boom no matter what it costs borrowers. Mozilo collected over $285 million in the last 11 years, and $48 million in 2006. At Countrywide's annual meeting in May, 2007, Mozilo presented a list showing that Countrywide was 12th in a list of US companies that had generated the greatest returns for shareholders. That placed it ahead of corporate giants Dell and Berkshire Hathaway whose top guns, Michael Dell and Warren Buffett, he noted, had both become "multibillionaires". Mozilo's not-so-subtle message to shareholders: At $285 million, I'm a bargain. Two months later, Countrywide, facing insolvency from exposure to the subprime mortgage meltdown, had to be bailed out by Bank of America.

CEO Robert Toll of home builder Toll Brothers earned $29.3 million in 2006. The company's net income in 2006 fell 15%. For the fiscal first quarter ended January 31, 2007, Toll Brothers earned $54.3 million, or 33 cents per share, down from $163.9 million, or 98 cents per share, in the year-earlier quarter. The results included write-downs of $96.9 million for the lower value of the land Toll owns and from forfeiting payments for land options Toll decided not to exercise, as well as a $9 million goodwill impairment charge related to its 1999 acquisition of Silverman Co in Detroit. Total revenue for the quarter fell 19% to $1.09 billion while contracts for new homes fell 33% to 1,027 units. The value of the contracts fell 34% to $749 million. During the third quarter of 2007, Toll's revenue fell some 21% to $1.21 billion compared to $1.53 billion in 2006. Its net income fell to $26.5 million or 16 cents a share from $174.6 million or $1.07 a share in the comparable period last year. Finally, its backlog of orders stood at $3.67 billion, which is a decline of about 34% from the previous year.

Did the $29.3 million CEO pay provide an incentive to stimulate Robert Toll to do better in the future? He owns nearly a fifth of the 5,500-employee company's outstanding shares. That should already be enough incentive to want the company to do well.

Or is $29.3 million the "sufficiently competitive" going rate for CEOs in homebuilding? Over the past three years, Robert Toll has taken home almost seven times more than his CEO counterparts in the homebuilding industry.

Reich is aware of inequitable worker pay
Reich admits that the real scandal of CEO pay has to do with what has happened to the pay of most workers as CEO pay has soared. Shareholder returns have kept up with CEO pay, but median wages have not. In 1980, the CEO of a major company took home about 40 times what the median worker earned; by 1990, CEO pay was about 100 times the median worker's pay; in 2006 it was close to 300 times. In 2006, Wal-Mart's Lee Scott Jr earned 900 times the pay of the average Wal-Mart worker.

Reich recognizes that CEO pay is part of a much larger problem: the growing portion of the nation's income that is going to a small number of people at the top. The pay packages of many denizens of Wall Street are even more outrageous than CEO pay - last year reaching $40 million for top traders and over $1 billion for top hedge-fund managers. Not since the robber-baron era have income and wealth been as concentrated as they are today.

This doesn't threaten shareholders; after all, most shares are held by the wealthy. It threatens democracy, as the wealthy bankroll politicians who tilt public policies in the direction of the wealthy - by, say, reducing their taxes and cutting public services for everyone else. It also threatens our economy, as more and more investment decisions are made by fewer and fewer people, and as the middle class loses its capacity to pay for the goods and services the economy produces. Amazingly, Reich claims that "the answer is not to grant more rights to shareholders. It's to enact a far more progressive income tax, including a sharply higher marginal rate on yearly incomes above, say, a measly million."

A fair tax regime
The purpose of taxation is not to be punitive but to anchor fiat currency while maintaining equity. What gives the dollar currency its role as legal tender for payment of US taxes and for "all debts, public and private", as inscribed on every dollar, which is a Federal Reserve note. The key to fair taxation lies on both the revenue side and the expenditure side: where the tax revenue comes from and how the tax revenue is spent. A fair tax regime requires revenue to be sourced from all fairly, but not equally, and to be spent on public services and affirmative action programs to moderate inequality. The problem with the current US tax regime is that not only is the revenue sourced from the working poor but it is also spent to further enhance the already substantial advantages of the rich.

Tax cuts for the rich coupled with privatization of public utility and services add up to a most onerous regime, on which the former labor secretary is strangely silent. In simple terms, it is a regime that puts money in the pockets of the rich, who do not need it, and takes money from the pockets of the working poor who already are in debt up to their ears. It is bad enough to milk prosperity from a debt economy, but a debt economy that allows the rich to borrow to make obscene profits and forces the working poor to borrow merely to survive will soon turn populism into radicalism. It is time for all countries to seek solutions to problems created by runaway exploitative terms of world trade by focusing again on fundamental issues of domestic development before the prodigal global trading system collapses from its own contradictions to bring forth a global depression. Unless and until an equitable international trading system is negotiated, economic nationalism is a proper response to neo-imperialism.

Henry C K Liu is chairman of a New York-based private investment group. His website is at http://www.henryckliu.com.

Copyright 2007, Henry C K Liu

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