Archive for the 'Finance' Category

Published by One Sec Reporter on 06 Jun 2010

B of A Being Sued For Overtime Pay

investigations

Source:  ReutersBank of America Corp, one of the nation’s largest employers, is being sued for failing to pay overtime and other wages by some workers.

 

The lawsuit filed on Friday in federal court in Kansas City, Kansas, consolidates 12 lawsuits filed on behalf of employees in California, Florida, Kansas, Texas and Washington.

It seeks nationwide class-action status on behalf of employees at Bank of America retail branches and call centers over the past three years.

The suit has nothing to do with B of A’s federal program aimed to help it eliminate credit debt.  In fact, the federal debt settlement program is for the institutions’ to handle their debt loads and recoup losses from the real estate crash. 

George Hanson, a lawyer for the plaintiffs, said the case could eventually cover more than 180,000 workers, based on information provided by the bank. That could lead to a recovery in the “hundreds of millions” of dollars, assuming a typical employee was deprived of $1,000 to $2,000 in pay, he said.

According to the 44-page complaint, the largest U.S. bank by assets requires employees to work in excess of eight hours a day or 40 hours a week, yet fails to pay them both for overtime and for all straight time worked.

Other industries?
It’s no secret that many industries, from
house cleaning DC services to gardening shops, fail to pay their workers, many of whom are immigrants or non-English-speaking workers.  But this suit is significant because it targets one of the leading banks and comes on the heels of significant financial reforms in Washington.

The complaint also accuses Bank of America of requiring employees to work during unpaid breaks, failing to provide meal and rest breaks, and failing to timely pay terminated employees for earned wages and accrued vacation time.

“Bank of America enjoys millions of dollars in ill-gained profits at the expense of its hourly employees,” violating either the federal Fair Labor Standards Act or various state labor laws, the complaint said.

Shirley Norton, a Bank of America spokeswoman, said the Charlotte, North Carolina-based bank would defend against the lawsuit, and had comprehensive policies and training to ensure compliance with all federal and state wage and hour laws.

Bank of America as of March 31 employed 283,914 people worldwide, and operated 5,939 U.S. branches.

The federal Judicial Panel on Multidistrict Litigation in April had directed that the 12 original cases be combined.

The lawsuit seeks class-action status, a halt to the alleged illegal conduct, compensatory and punitive damages and other remedies.

The case is In re: Bank of America Wage and Hour Employment Practices Litigation, U.S. District Court, District of Kansas, No. 10-md-2138.

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My Take: It doesn’t matter to me that B of A is being sued.  I am ecstatic when I hear a big bank is being called on the carpet, or a big company for that matter, and I don’t care if they make DUO refills for the smokeless cigarette.  In fact, they can be the leading electronic cigarette maker in the world or they can provide the best cleaning services Fairfax Virginia has to offer, it doesn’t matter.  If they are breaking the law and taking advantage of workers in the process, I say prosecute them to the fullest.  


Other Resources:

 

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Published by One Sec Writer on 16 Nov 2009

The Bears Are Quiet

Cited: CNNMoney.com

bears-and-bullsWhere the stock market is concerned, bulls are outnumbered by bearers by a large number. Right now, the Bears wide because the stocks continue to climb even no evidence show that recovery is not going to be a smooth ride. It’s difficult for those market bears right now since the government practically gift wrapped a perfect scenario for market bloodbath on November number of sex. However, the traitors are not biting for some reason.

Unemployment shot up to 10.2% in October — the first time the jobless rate has been in the double digits since 1983. The number of job losses came in worse than expected as well. Still, Wall Street shook that off and stocks posted modest gains November 6. Investors instead chose to focus on some of the good news in the job report, such as the fact that job losses for August and September were revised lower.

“It’s encouraging that stocks were up even though it was the highest unemployment level in 26 years. The market doesn’t want to go down even though people love to hate it,” said John Kolovos, co-head of technical analysis research with Concept Capital, an institutional brokerage in New York.

Stocks headed sharply higher November 9 as well thanks to some merger chatter. Kraft (KFT, Fortune 500) launched a hostile bid for Cadbury (CBY) while there is talk that GE (GE, Fortune 500) and Comcast (CMCSA, Fortune 500) are getting closer to a deal that would give Comcast a majority stake in GE’s struggling NBC Universal media unit.

But here’s an interesting tidbit. Even though stocks have, for the most part, rallied sharply in the past few months — or perhaps because stocks have rallied sharply in the past few months — more individual investors consider themselves bears than bulls these days. What’s more, the margin isn’t even close.

For those business owners who are struggling through this recession . . . A group of commercial loan brokers understand financing and their clients understand leverage. Whether utilizing other people’s money or expertise, their clients understand the benefits of both. They are constantly attuned to the internal forces within their lending institutions that create the temporary pricing disparities surrounding a commercial loan workout. Another of the country’s leading small business lenders, providing business cash advances and quick loans to merchants in the form of short-term working capital. They are changing the face of the small business lender. They provide business owners with an affordable alternative to the traditional loans obtained through a commercial finance company to help their clients get a small business loan.

According to the American Association of Individual Investors, which conducts a weekly survey of market sentiment, nearly 56% of investors polled last week said they thought the market would be bearish over the next six months. Only 22% of those surveyed were bullish on the near-term prospects for stocks.

To put that in perspective, this is the highest percentage of bearish sentiment found by the AAII since early July and the widest gap between bears and bulls since early March. So what gives? Why are average investors not believing the rally? And are they on to something that the pros are missing?

Well, it goes without saying that the average investor has been wrong for the past few months. The S&P 500 is up more than 60% since the March lows. But can you blame ordinary people for not having faith in stocks right now?

Despite the big gains since March, investors are still nursing wounds from the huge plunge last fall and earlier this year. What’s more, the continued bad news in the job market makes it hard for people to truly believe that the economy is in fact getting better.

“Typically after individual investors have been so burned in the market, they are going to shun stocks for a while,” said Quincy Krosby, market strategist with Prudential Financial.

Krosby said that retail investors now appear to be betting more on gold and well bond funds because of fears about the economy and the weakening dollar. owever, some think that the sentiment pendulum has swung way too far toward the fear and loathing direction.

Phil Dow, director of equity strategy with RBC Wealth Management in Minneapolis, said he understands why investors may feel that the U.S. economy will never bounce back to where it once was. But he said that the pessimism is overdone.

“Stocks are a dirty word right now,” Dow said. “Individual investors are betting that U.S. companies won’t participate in an economic recovery.”

Dow thinks the global economy is on the mend. And while some Americans are interpreting this as a sign that the U.S. is going to be left behind, Dow said that the U.S. should be a prime beneficiary of growth in China, India and other emerging markets.

“There is a huge global opportunity and it’s hard to imagine that the U.S. won’t take part in that. But for whatever reason, many investors don’t seem to believe that. There is a belief that the U.S. is in this downward spiral and can’t compete anymore,” Dow said.

So is the U.S. economy as doomed as average investors seem to think? Hopefully not. After all, investing legend Warren Buffett signaled just last week that he’s extremely bullish on the U.S. economy, calling the purchase of railroad Burlington Northern Santa Fe (BNI, Fortune 500) by his firm Berkshire Hathaway (BRKA, Fortune 500) an “all-in wager” on America. And for what it’s worth, retail investors over the past two decades have shown a tendency toward being too gloomy in the early stages of economic and market rebounds.

In a note to clients on the morning of November 9, analysts at Al Frank Asset Management, a Laguna Beach, Calif.-based investing firm, pointed out that the only times since 1987 when the gap between bears and bulls in the AAII’s weekly survey was higher than where it is now were during a few weeks in late 1990, early 2003 and last year.

Of course, market bears were dead-on a year ago. But anyone who wasn’t invested in stocks during the 1990s or after the recession earlier this decade missed out on some huge rallies. With that in mind, the analysts at Al Frank called the latest AAII sentiment numbers a “screaming buy signal” for anyone who likes to take a contrarian point of view.

Matt O’Reilly, chief investment strategist with People’s United Wealth Management in Bridgeport, Conn., agreed. He added that he doesn’t think investors are actually all that worried that the worst is yet to come.

O’Reilly said that because stocks have moved so dramatically in such a short period of time, more investors may be saying they are bearish because they want stocks to go down.

Average investors may be rooting for the markets to pull back because only then will they feel more comfortable buying again. They don’t want history to repeat itself and get suckered into buying at what turns out to be another market top.

“Investors are fearful that they missed a nice rally off the bottom. Individuals are sitting at the edge waiting for an opportunity to jump back in,” O’Reilly said.

“Confidence is a fragile thing. But historically, the more bearish that individual investors are, the more wrong they are as well,” he said.

O’Reilly seems to think that investors are waiting too long. He believes when everybody doubts the rally that is usually the time investors should start buy.

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My Take: I have heard the terms bulls and bears connected with the stock market for years. I finally went online to find out what exactly they mean. I thought they were some kind of political term, believe it or not.

What I discovered was that you have to keep in mind that that bears are sluggish and bulls spirited and burly. The terms are actually used to describe general actions and attitudes or sentiment, either of an individual or the market. A bear market refers to a decline in prices, usually for a period of a few months, on a single security/asset, group of securities or the securities market as a whole. A bull market is when prices are rising and a bear market is when prices are going down.

What I did discover as well is that the stock market is like going to a casino and gambling. In fact, now that I think about it they are even more similar because you can go to an online casino just as easily as you can an online trading site. Of course, online casino gaming is a lot more fun than playing with the stock market. You may not make a lot of money, but you have a lot of fun.

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