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Michael Jackson's unreleased song in Jeep ads

Written By limadu on Jumat, 09 Mei 2014 | 14.45

jeep wrangler michael jackson

Jeep's new ad campaign features an unreleased single from Michael Jackson.

NEW YORK (CNNMoney)

Jeep's latest ad campaign, features Michael Jackson's "Love Never Felt So Good," a previously unreleased song that he was working on. A new album, Xscape, will be released later this month and will feature eight tracks from Jackson, who died in 2009.

The Jeep ads were created by advertising agency GlobalHue, according to a news release from the company.

The spots feature outdoor life embodied by the Jeep brand. They showcase young people playing soccer and basketball, hanging on the beach, enjoying a good barbecue, or driving in the open air by a rugged mountain.

One ad also features basketball star Kyrie Irving of the Cleveland Cavaliers shooting a basketball from the back of a Jeep.

Related: Jeep Cherokee - One tough little SUV

Fiat Chrysler, which owns the Jeep brand, has been riding the success of its rugged, outdoor vehicles.

CEO Sergio Marchionne this week told analysts and investors that Jeep was his trump card. He plans to double global Jeep sales to 1.9 million by adding new models and expanding overseas production.

Sales are already on a roll. In April, Chrysler sold 85,000 Jeeps, the most in its 73-year history. To top of page

First Published: May 8, 2014: 3:17 PM ET


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Time Warner's Time Inc. split set for June 6

time inc sports illustrated

Time Inc., owner of Sports Illustrated, People and other famous magazines, will split from CNN owner Time Warner on June 6.

NEW YORK (CNNMoney)

The spin-off details were disclosed in a filing with the Securities and Exchange Commission on Thursday. Shareholders who owned Time Warner (TWX, Fortune 500) as of May 23 will receive new shares in Time Inc., which will trade on the New York Stock Exchange under the ticker symbol "TIME."

Time Warner, which is the parent company of CNN, first announced its intent to move the magazine publishing division into a separate company in March 2013.

Time Inc. owns famous titles like Time, People, Fortune, Sports Illustrated, and Entertainment Weekly. Along with 23 magazines in the United States, the company operates 45 Web sites.

CNNMoney is currently a joint venture of Time Inc. and CNN. On June 1, CNN will take full ownership of CNNMoney.

Related: Time Warner to sell HQ for $1.3 billion

Joe Ripp, who was appointed CEO of Time Inc. last year, said in a letter to shareholders on Thursday that "as an independent, publicly-traded company, we believe we can more effectively focus on our objectives and satisfy the strategic needs of our business."

The spin-off is the latest bit of restructuring done by Time Warner during the past few years. The company has also spun off online advertising company AOL (AOL) and Time Warner Cable (TWC, Fortune 500).

After Time Inc. is on its own, Time Warner will have three main divisions, all focused on TV and film content: Turner Broadcasting, which includes CNN; HBO; and Warner Bros.

Time Warner's decision to exit publishing was partly driven by the challenges faced by the publishing industry as it tries to adapt to the digital age. And the risk assessment within Time Inc.'s SEC filing describes those challenges in detail.

"We are exposed to risks associated with the current challenging conditions in the magazine publishing industry," the filing states. "We have experienced declines in our print advertising revenues due to both shifts by advertisers from print to digital and weak domestic and global economic conditions, which have also adversely affected our circulation revenues."

Advertising and circulation are Time Inc.'s two main revenue sources.

Like many other online publishers, Time Inc. is trying to expand its Web video footprint, and last week it held a presentation for advertisers -- part of the so-called NewFronts in New York City -- to show off its video series.

Mark Ford, the publishing company's executive vice president of advertising sales, said the spin-off is "going to unlock the entrepreneurial spirit of Time Inc." To top of page

First Published: May 8, 2014: 3:50 PM ET


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Advertising giants abandon $35 billion merger plan

omnicom

Publicis Groupe CEO Maurice Levy and Omnicom Group CEO John Wren.

NEW YORK (CNNMoney)

But now Omnicom Group and Publicis Groupe have called off their merger, citing "difficulties in completing the transaction within a reasonable timeframe."

Neither company will pay a termination fee as they go their separate ways.

A Twitter message from Omnicom's corporate account on Thursday night stated, "We concluded the challenges and risks related to corporate culture, complexity and time outweighed the potential benefits of the merger."

Few mergers have been announced with such fanfare -- and at so high a price -- only to be scuttled along the way. The combined company would have been valued at roughly $35 billion.

Most advertising agencies around the world are owned by one of four holding companies. Omnicom and Publicis are two of them; the other two are WPP and Interpublic.

Omnicom and Publicis announced a plan for what they called a "merger of equals" last July and said the pact would benefit clients like PepsiCo (PEP, Fortune 500), AT&T (T, Fortune 500) and Nissan (NSANF) (on the Omnicom side) and Coca-Cola (KO, Fortune 500), Verizon (VZ, Fortune 500) and General Motors (GM, Fortune 500) (on the Publicis side).

Back then, the companies said the deal was "expected to close in the fourth quarter of 2013 or the first quarter of 2014."

In February, however, Omnicom chief executive John Wren told analysts that "this transaction is highly complex and is taking longer than we originally expected."

Related: Univision airs concerns about Comcast deal

The decision to call off the deal came after unanimous votes of the boards of both companies. "A mix of clashing personalities, disagreements over how the companies would be integrated and complications over legal and tax issues derailed the deal," The New York Times reported.

Wren and the chief executive of Publicis, Maurice Lévy, said in a joint statement on Thursday night that "the challenges that still remained to be overcome, in addition to the slow pace of progress, created a level of uncertainty detrimental to the interests of both groups and their employees, clients and shareholders."

The statement concluded, "We have thus jointly decided to proceed along our independent paths. We, of course, remain competitors, but maintain a great respect for one another." To top of page

First Published: May 8, 2014: 10:07 PM ET


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First home in Detroit's online auction sells for $30,100

Written By limadu on Kamis, 08 Mei 2014 | 14.44

detroit home auctions

This three-bedroom home was auctioned for $30,100 -- the first of three this week.

NEW YORK (CNNMoney)

"We had an open house on April 27th and more than 2,000 people showed up," said city councilman André Spivey, whose district includes East English Village, where most of the homes are located.

All bids start at $1,000. The first sale took place on Monday and drew 88 bids. The winning bid hit $34,100.

Spivey said that was a pretty strong price. The three-bedroom, 1,400-square-foot home needs a new furnace and water heater, but was otherwise in good condition.

A second home sold on Tuesday for $30,100. It also needs a water heater and furnace -- and a new roof and gutters.

And on Wednesday, a three-bedroom, 1,200-square-foot cottage needing roof and window repairs went for $42,200.

The average home in the area is estimated by Zillow to be worth about $40,000.

Related: How Detroit bankruptcy affects my life

Winning bidders in the auctions, which are run by the Detroit Land Bank Authority, must rehabilitate the houses and move someone into them within six months.

Spivey said the sales will slow or reverse blight, remove targets for vandals and squatters, and send properties back onto the tax rolls of the bankrupt city.

"Plus, I'm very excited to get some new neighbors," he said.

detroit auctions

Detroit mayor Mike Duggan greeting attendees to an open house for auction homes with starting bids of $1,000.

Detroit plans to auction 11 more properties in coming weeks and represent a drop in the bucket. The city alone owns 16,000 vacant properties that were seized for unpaid taxes or other bills.

Bidders must register online, and sales are restricted to Michigan residents and companies. They must not have any building code or blight violations or tax foreclosures on their records.

Winning bidders have to come up with a 10% down payment within 72 hours and close and make a full payment within 60 days if the purchase price is less than $20,000, or within 90 days if it's more than $20,000. To top of page

First Published: May 7, 2014: 5:42 PM ET


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Are stocks overpriced?

stocks bull bear

James Montier (L) says stock returns won't keep up with inflation over the next seven years. Richard Bernstein (R) thinks the five-year-old bull market has several more years to run.

(Money Magazine)

Holding vastly different opinions are two strategists with decades of insight and experience. Richard Bernstein, former chief investment strategist at Merrill Lynch, now an adviser to funds for Eaton Vance, is bullish. James Montier, who helps manage $117 billion at GMO -- itself an adviser to two Wells Fargo funds -- is bearish.

Both make strong arguments -- ones that may challenge your view of today's investing climate.

THE BULL: RICHARD BERNSTEIN

Are stocks overpriced?

The market is priced roughly at fair value. You have to look at valuations in light of inflation. Our firm uses sophisticated models for that, but a rule of thumb is that the price/earnings multiple and the inflation rate should add up to less than 20.

Inflation is now at about 1.5%. The P/E for stocks in the Standard & Poor's 500, as we speak, is about 17, based on trailing earnings. So a little below 20, or roughly fair value.

Related: American Airline employees locked out of 401(k) funds -- here's why

Stocks are not cheap, but that doesn't mean the bull market is over. Pension funds in the U.S. have their lowest equity allocations in 40 years. Wall Street strategists recommend an underweight of equities. I've found, over three decades, that the consensus asset allocation is a very reliable contrary indicator of where the market is headed.

A version of the P/E that carries a lot of weight now is the one championed by Yale's Robert Shiller. By that measure, based on 10 years of earnings, P/Es are very high.

In the past, when these high Shiller P/Es signaled an overpriced market, we've had much higher rates of inflation than we do now.

Related: Tools to make your money grow

When interest rates and inflation decrease, P/Es tend to expand. When rates or inflation rise, P/Es contract. The theory is that inflation eats away at a company's future value, for several reasons. Earnings might rise, but inflation-adjusted earnings might not. Earnings quality tends to decline, in part because you're simply paying off debt with cheaper dollars. And overall investor confidence tends to deteriorate. So you have to adjust for inflation, but professor Shiller doesn't.

If you do adjust for lower inflation, it predicts normal returns -- about 8% to 9% a year. We look at more than valuation, though. For example, sentiment is still attractive. We actually think you're going to get above-average returns -- say, 10% to 15% a year over the next several years.

Two years? Five years?

I think we're halfway through one of the biggest bull markets of our careers. The stock market has been up for the same reason it always goes up in an early-cycle environment. Expectations are extremely low, monetary and fiscal policies kick in, and the economy begins to grow. That's what happens every cycle, and it happened this cycle too.

Now we are entering a mid-cycle phase in which you get the tug of war between rising rates -- a bearish sign -- and unanticipated improvement in the economy -- a bullish sign. Sentiment isn't exactly ebullient, and the economy keeps improving.

Related: How to get in trouble in your 401(k)

But when your readership believes there's no risk in equities, the bull market is almost over. And in the kiss of death, the yield curve inverts, meaning that long-term interest rates drop below short-term rates. In other words, people are so desperate to lock in long-term rates that they pay more for them than for short-term rates.

Watching for an inverted yield curve will keep you out of trouble. That simple little indicator suggests the bond markets are beginning to expect significantly weaker growth. Generally this occurs before the stock market begins to anticipate slower growth. And we haven't seen it yet.

You've noted that a classic sign of a bubble is increased use of borrowed money to invest. Margin buying of stocks is at a record high.

Nobody knows how much of that is long -- betting that stocks will rise -- and how much of it is short -- betting stocks will fall. In the past, when individuals played a greater role in the market, you assumed that margin was used to be levered long. Today hedge funds are a much bigger force, and my research suggests they're relatively neutral. Some of that margin is being used for shorting. So I don't think increased leverage is driving up prices.

What other bubble indicators do you look for?

When sentiment becomes overwhelmingly bullish to the point where people jettison diversification, that is very, very worrisome.

Related: How we feel about our finances

You see that now in highflying tech, social media, some biotech. Valuations are so out of whack with reality. You'd think that people would have learned from the hot stove.

What do you say to analysts who worry that equities are inflated by the artificial suppression of interest rates by central banks?

I get that question all the time. The point of stimulative monetary policy has always been to artificially inflate asset prices. Interest rates are lowered so that people take more risks and multiples expand. Companies get a cheaper cost of capital, which they can then use to invest.

The notion that the Fed is the only reason the stock market is up is what people claim during the early stages of every bull market. The time to worry is when the Fed inflates asset prices too much and the characteristics of a bubble emerge.

What happens if earnings -- the "E" in P/E -- drop to historical norms?

Profit margins are at an all-time high. There's no doubt about that. But profit levels are also a function of sales. When margins compress, companies generally start to fight for market share. We think earnings forecasts for large-cap multinationals may be way too optimistic; we are concerned about emerging markets and the impact they could have on multinationals' earnings. But domestic U.S. manufacturing is gaining market share. I'm not talking about 3D printing. I'm talking about ball bearings and grease. Small- and mid-caps.

Examples, please?

I'm not a stock picker. But we believe investors should probably focus on more domestically oriented stocks and avoid emerging-market stocks as much as possible. In addition, since profit margins around the world seem likely to contract, investors should aim at market-share gainers. We like U.S. small-cap industrials. If you know the name of the company, the odds are that they have too much international exposure.

Also, I think that high-yield municipal bonds are a tremendous value play right now.

Really?

They yield more than high-yield corporates for the first time in history.

So when will you know your portfolio is overpriced -- that it's time to get out of small-cap industrials or high-yield munis?

We look at gaps between perception and reality. Over the past several years, the sentiment toward small-cap stocks, despite their superior performance, has been quite poor. But ultimately that gap between perception and reality will begin to change.

There will be more negative-earnings surprises because expectations get too high. Flows into small-cap funds will pick up. We'll hear people talking about how cheap they are, as opposed to how expensive they are. [Laughs.] Then we'll find other investments that look more attractive.

THE BEAR: JAMES MONTIER (cont.)


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Uncle Sam runs $114 billion surplus in April

us treasury dept

Thanks to lower overall spending and higher tax receipts, Treasury took in $114 billion more than it had to pay out in April, the Congressional Budget Office said.

NEW YORK (CNNMoney)

April typically brings an influx of receipts as Americans file their tax returns.

For the first seven months of this fiscal year, which began on Oct. 1, the CBO estimates the country has racked up a $301 billion deficit, which is $187 billion lower than it was for the same period last year.

Federal coffers saw a 7% increase in individual income taxes and payroll taxes, a 15% increase in corporate income taxes, and a 37% increase in money paid to Treasury by the Federal Reserve.

Related: Deficit now expected to be even lower

Meanwhile, overall spending fell by 2%.

Areas that saw the biggest drops included unemployment benefits and homeland security (both down 31%), agriculture (down 12%) and defense spending (down 5%).

Much of the drop in overall spending is attributable to bigger payments from Fannie Mae and Freddie Mac to Treasury. According to the weird accounting rules of the federal budget, those payments are counted as "negative" spending.

Offsetting the spending decline were increases in Social Security (up 5%) and Medicaid (up 9%).

The trend in higher tax receipts and lower overall spending has been in effect for awhile, because of the economic recovery and spending restraint enacted by Congress.

Last month, the CBO projected that the 2014 shortfall would decline to 2.8% of gross domestic product -- or $492 billion. That is well below the 4.1% -- or $680 billion -- recorded for fiscal year 2013. To top of page

First Published: May 7, 2014: 6:12 PM ET


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Grads with more debt are less happy

Written By limadu on Rabu, 07 Mei 2014 | 14.44

student loan debt

The more student loan debt a graduate holds the lower their well-being, Gallup's survey found.

NEW YORK (CNNMoney)

College graduates without any student loan debt were seven times more likely to be happy and thriving in most areas of their lives compared to those with more than $40,000 in debt, according to a Gallup-Purdue University study.

To measure well-being, the survey asked more than 30,000 grads about their sense of purpose, happiness within their community, social lives, finances and health -- with questions about whether grads like what they do every day and if they have enough money to do what they want.

Related: Class of 2014 faces tough job market

"The amount of student loans that graduates take out to pay for their undergraduate degree is related to their well-being in every element," the study states. "The higher the loan amount, the worse the well-being."

Student loan debt impacts graduates in other ways, too. Graduates with large debt burdens were significantly less likely to start businesses, for example.

Contrary to the thinking of many families these days, the kind of institution a graduate attended -- its size, selectivity or whether it was private or public -- had little impact on their future well-being and workplace engagement, the study found.

Related: Grads hit with defaults when co-signers die

What did matter, however, was the experiences graduates had while in college.

Getting support from professors who cared about them and encouraged them to learn and follow their passions, having internships or jobs while in school, working on long-term projects and being involved in extracurricular activities all contributed to more positive post-college experiences.

Yet only 3% of students reported having all of these positive experiences.

"Those elements -- more than many others measured -- have a profound relationship to a graduate's life and career. Yet too few are experiencing them," the study states. To top of page

First Published: May 6, 2014: 6:26 PM ET


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How Alibaba could change American business

NEW YORK (CNNMoney)

Described as a mix of eBay (EBAY, Fortune 500), PayPal, Amazon.com (AMZN, Fortune 500) and Google (GOOGL), Alibaba is the 800-pound gorilla in China's Internet economy, but it has little presence elsewhere in the world.

So what happens when Alibaba comes to the U.S.?

After the IPO, Alibaba will have billions of extra cash on hand. The company is likely to use some of those funds to shake up American commerce and Silicon Valley.

"If Alibaba buys its way into the U.S. economy, which they ought to be able to do, they may be able to become a North American brand," said Roger Kay, president of Endpoint Technologies Associates.

Related: China's Alibaba files for landmark IPO

Alibaba's decision to list in New York came after the exchange in Hong Kong balked at the company's proposed governance structure, which would have breached rules there by allowing senior executives to nominate the majority of the board. Listing in the U.S. also affords the company an opportunity to introduce itself to American consumers.

The Chinese company has already made ripples in the U.S., shelling out hundreds of millions of dollars since the beginning of 2013 on investments in a slew of companies, including Uber-like app Lyft, social network Tango, app search engine Quixey and online shopping service ShopRunner.

Alibaba also continues to spend money on assets within China. Last week the company spent $1.22 billion to acquire an 18.5% stake in China's Youku Tudou, an online video company likened to both YouTube and Netflix.

These deals show how the Chinese company is already adroit at scooping up top talent around the world, including in Silicon Valley.

Related: Alibaba's IPO could be bigger than Facebook's

But Alibaba looks ready to move beyond just acquiring American startups and into direct competition in the U.S.

The company recently announced plans to launch 11main.com, a new e-commerce site in the U.S. that will offer high-quality products from assorted merchants.

"I'm pretty skeptical because I think there's definitely a lack of familiarity of the Alibaba brand and business," said Scott Kessler, head of technology equity research at S&P Capital IQ.

While Alibaba may be able to offer value to customers, Kessler said it will take time to "cultivate and build trust" among American consumers who are often skeptical of Chinese companies.

Alibaba also faces cultural and, more importantly, competitive challenges in the mature U.S. market that it never faced in China, which restricts access to foreign companies.

"Whether they can compete on a truly level global playing field is an open question. As strong as Alibaba is in China, Amazon is that strong here in the U.S.," said Josh Green, founder and CEO of Panjiva, an intelligence platform for global trade professionals.

Alibaba has proven its dominance in China, highlighted by the 800 million product listings from 7 million sellers on its Taobao service alone. Alibaba, which is 24% owned by Yahoo (YHOO, Fortune 500), more than doubled its fourth-quarter profits amid a 66% surge in revenue.

"Buying Alibaba stock is a bet on China because Alibaba is poised to do extremely well as China grows," said Green.

Related: China's big tech moves onto banks' turf

Even if it fails to build its own offerings in the U.S., Alibaba could make its presence felt by appealing to American companies thirsting for a piece of China's growing population of wealthy consumers.

Tmall, Alibaba's shopping site, has already lured a number of U.S. brands to open up storefronts on the platform, including Apple (AAPL, Fortune 500), Microsoft (MSFT, Fortune 500), Procter & Gamble (PG, Fortune 500), Gap (GPS, Fortune 500), Nike (NKE, Fortune 500) and the most American of all, Levi's.

"Penetrating the Chinese market has been very difficult for U.S. companies. If a brand can gain distribution through Alibaba, that's a win for America," said Kay.

By going public, Alibaba will get its hands on billions of additional capital. The company's market cap could hit an eye-popping $150 billion. That puts it immediately into the "high rollers" category, and it will be a player wherever it chooses to spend the cash and enhanced borrowing capacity. To top of page

First Published: May 6, 2014: 5:23 PM ET


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Five things to know about Alibaba

HONG KONG (CNNMoney)

Alibaba was founded 15 years ago in the modest Hangzhou, China apartment of Jack Ma -- a former English teacher who started the company with an initial investment of $60,000 kicked in by 18 friends.

The company has since evolved into the dominant force in China's e-commerce industry, a market with so much potential that Alibaba's IPO may be the largest ever by a tech company -- surpassing even the record $16 billion raised by Facebook.

Here are five things to know about the tech giant:

Alibaba does more than just e-commerce

Alibaba is often described as a combination of Amazon (AMZN, Fortune 500) and eBay (EBAY, Fortune 500), with some PayPal sprinkled in to boot. But the shorthand fails to capture the breadth of the business model dreamed up by Ma.

By one estimate, almost four out of every five dollars spent online in China are spent in Alibaba's marketplaces.

The company's top two e-commerce sites, Taobao and Tmall, attract more than 100 million unique visitors each day. Estimates put the value of goods sold last year on the sites at $240 billion -- more than eBay and Amazon combined.

Related: Meet four kings of Alibaba's online retail empire

But Alibaba is more than its flagship marketplaces. It also runs a wholesale operation, a cloud computing business, and Alipay -- a hugely popular digital payment service. In a first step into finance, the company has started to offer investment funds. Alibaba even operates a taxi-hailing app.

Alibaba has a lock on China

Ever visited Taobao or Tmall? Go ahead and try. The first thing you'll notice is that the marketplaces have little in common with western e-commerce sites.

The website design is distinctly Chinese. Each page is crammed with products in an effort to mimic a crowded Chinese market. Buyers and sellers often use a built-in messaging service to chat with each other, and haggling over prices is standard.

Related: How Alibaba could change American business

Mastery of China's unique market has allowed the company to survive a series of challenges from companies including eBay, which bought Chinese auction competitor EachNet in 2003.

"I know the Chinese user market and users better than [former eBay CEO] Meg Whitman," Ma told the Wall Street Journal in 2005, as he stole market share from the American firm.

The IPO is going to be massive

The initial document filed with the SEC indicates that Alibaba plans to raise $1 billion, but that figure is seen as just a placeholder. Analysts have said it could haul in more than the $16 billion Facebook raised in 2012.

That's really big -- and if it increases further, Alibaba could be a contender for the largest IPO in U.S. history.

Analysts think the whole company could be worth more than $170 billion, and some sky-high estimates are now pushing $200 billion.

Founder Jack Ma is one very rich former English teacher

One of Alibaba's biggest assets is Ma, who has stepped down as CEO but remains chairman of the company. He's known in China as a charismatic leader with a reputation for bold ideas.

Before founding Alibaba, Ma was twice rejected from a teaching college and was even turned away by a local KFC restaurant.

Related: Alibaba founders fund mega charity ahead of IPO

Ma is ranked China's 29th richest man with a net worth of over $4 billion, according to the Hurun Rich List, which tracks wealth in the country. The IPO should boost his bank account.

Alibaba has challenges, too

For all the plaudits, Alibaba is not without blemish. Of particular concern are the number of counterfeit goods sold in its marketplaces, and the company's commitment to sound corporate governance.

Hong Kong is the preferred destination for many of China's top companies seeking to go public, but Alibaba chose to list in New York after Hong Kong regulators refused to allow the company's partners to appoint board members.

The company's SEC filing lists only three directors that will remain as the company begins final IPO preparations: Ma, Alibaba CEO Joe Tsai and Softbank (SFTBF) CEO Masayoshi Son. Alibaba says it will eventually have nine board members, but their identities are not yet known.

Alibaba -- like all tech companies -- must also work to adapt as consumers abandon desktop computing and shift to mobile devices.

In addition, the company must effectively manage relations with the Chinese government, which has not developed clear regulations for some services offered by Alibaba. To top of page

First Published: May 6, 2014: 11:53 PM ET


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Living on $2.13 an hour, plus tips

Written By limadu on Selasa, 06 Mei 2014 | 14.44

minimum wage tiffany kirk

Tiffany Kirk, who is raising a three-year-old daughter, finds it hard to make ends meet because her bartending tips fluctuate.

NEW YORK (CNNMoney)

That's because the 24-year-old bartender and single mom's minimum hourly wage at the Houston nightspot is $2.13.

Kirk is one of 3.3 million workers who earn about that amount, which is also the federal minimum wage for tipped workers. Other workers in this category include hair salon employees, waiters, car wash workers, and wheelchair attendants at airports. These workers rely primarily on tips for their income.

Under labor law, employers have to make sure that workers earn at least $7.25 -- the federal minimum wage for all workers. So, if workers don't earn enough in tips, employers must make up the difference and pay what is known as a "tip credit." While Kirk's employer pays her the differential, many don't.

And most efforts to raise the minimum wage have ignored tipped workers.

For example, Maryland's governor on Monday signed a bill that will gradually raise the minimum wage to $10.10, but it exempted tipped restaurant workers from qualifying for the higher wage. Instead, the state froze their minimum wage at $3.63 an hour, a move supported by the restaurant industry.

Related: Minimum Wage: Congress stalls, states act

The industry's efforts aren't new. Several big restaurant companies, including YUM! Brands (YUM, Fortune 500), which owns Taco Bell, KFC and Pizza Hut; Darden Restaurants (DRI, Fortune 500), which owns Olive Garden and Red Lobster; and Cracker Barrel Old Country Store (CBRL), lobbied against last year's effort in Congress to raise the federal minimum wage, according to Senate lobbying reports.

The restaurant industry similarly and successfully lobbied to freeze the minimum wage for tipped workers in 1996 and 2007 when Congress approved federal minimum wage increases. As a result, the federal tipped minimum wage has remained at $2.13 per hour since 1991.

Related: What is the minimum wage in your state

Only a handful of states -- Minnesota, Hawaii, Alaska, California, Montana, Nevada, Oregon and Washington -- either already require or have enacted laws that will require employers to pay all workers at least the state's minimum wage, whether they receive tips or not.

Kirk, who is raising a three-year-old daughter, finds it hard to make ends meet because her bartending tips fluctuate.

But her living costs remain about the same. She spends about $1,700 a month on her car payment, utilities, rent, food, and other necessities. In a good month, she might bring home $2,000, which means there's little left over. She has no savings account.

"Being a waitress can be very demeaning, especially for a woman behind the bar," Kirk said. "Customers can be rude to you and not even leave a tip. But you depend on the tips, so you grin and bear it."

Just this past week, Kirk says a group of patrons ran up a $386 bar tab. They left just a $14 tip.

Still Kirk said she is fortunate that the owner of "Howl at the Moon" follows the law and pays her at least the Texas minimum wage of $7.25 if her tips don't add up.

Many businesses don't. From 2010-2012 the Labor Department's Wage and Hour Division conducted nearly 9,000 investigations of restaurants. It found that nearly 84% had some sort of wage and hour violation -- 1,170 of the violations pertained to the tip credit, resulting in $5.5 million in recovered back wages.

Related: Subway leads in underpaying workers

The White House said in a report that people in "predominantly tipped occupations are twice as likely as other workers to experience poverty, and servers are almost three times as likely to live in poverty."

The National Restaurant Association doesn't buy these arguments. "Tipped employees at restaurants are among the highest-paid employees in the establishment, regularly earning between $16 and $22 an hour," the association said in a statement.

Kirk doesn't earn nearly that much. Her pay ends up being just a little more than the median $8.94 an hour for wait staff across the United States.

Her choices are tough. "Last Christmas I couldn't buy my daughter a toy. I know she doesn't know, but it really hurts your pride," she said. To top of page

First Published: May 5, 2014: 3:17 PM ET


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