Coyote Blog

Today I want to talk a bit about trends in wildfires in the US.  And as regular readers know, I have a real pet peeve about declaring a trend without actual, you know, trend data.  The media may be willing to jump from "most devastating fire in California history" to a trend just based on this one data point, but I am not going to play.

It turns out, though, that we don't have to play the one data point extrapolation game because there actually does seem to be a trend in wildfire.  Here is the national chart:

You might be saying:  Hey Coyote, you are cherry picking -- I have seen this same data but with a huge hump in the early part of the century.  Here is the chart you saw:

(source for both)  The problem with this chart is a huge definitional change in the data between the first and second half of the century.  In short, the early half of the century included controlled burns and other purposeful manmade actions (mostly in the southeast) and the latter half does not.  I described this here -- skeptics who use this chart are in serious danger of committing the same sloppy data errors we accuse warmists of (confession:  I made this mistake for a number of years).

To complete our proof there is indeed a trend in wildfire and not just in wildfire news stories, here is the chart for California, though I cannot vet the source.  I will say its not a slam dunk trend but I will take it on faith, at least for now, that the recent years would be high and make the trend more obvious

OK, so there seems to be a wildfire trend in the West.  I will focus on California because that has been the area in the news.  Let's consider 4 possible causes:

1. Temperature.  The state of California has seen a 0.02C per decade, or 0.2C per century increase in temperatures.  This is a very tiny increase and well below the increase thought to have occurred in other parts of the world.  The rise has been faster over the last 10 years or so but it is unclear if this is a long-term trend or a near-term weather effect (e.g. tied to the PDO)
   
2. Precipitation.   Total precipitation has decreased by ever so slightly over the last 100 years.  A half inch per century is about a 2% reduction
   
3. Forest management.  The amount of wood harvested, and thus fuel removed, from forests has dropped by 80% since the 1950s
   
4. Urbanization.  This does not necessarily increase fire acreage but it does substantially increase the probability a given fire will impinge on man-made structures.  Also, given the enormous almost exponential increase in total CA real estate value, the likely cost of fires of the same size and intensity has risen dramatically.  Much of the developed area affected by fires the last several years have been in the red and purple parts of the map that were developed most recently.  Fifty years ago they would have just burned trees (source).  More CA urbanization trends here.
   

So, what is causing the large fires?  Well, probably a lot of things.  I am a big believer that changes in outputs from complex systems can have complex causes (which is why I think the whole meme that "CO2 is the Earth's thermostat" is an embarrassing joke).  But given that over the last 50 years temperatures have risen by a fraction of a degree, precipitation has dropped by a fraction of an inch, but fuel removal has dropped by 80% and urbanization has skyrocketed, it is really hard for me to pin all or even most of the blame on manmade CO2.

Postscript:  One other point -- California is less than 0.1% of the total land area of the Earth.  I have a hard time extrapolating global climate trends from a few big events in 1/1000th of the world.

Postscript #2:  I missed this, that hotbed of climate denial called Mother Jones had an article a year ago blaming California fires on forest management policy, specifically preventing lots of little fires leading to one big fire.

Last week I was walking through one of our area's  large upscale resorts.  The resort was hosting what looked like a huge conference of a large franchising organization.  What struck me immediately in the lobby and everywhere on the grounds was how many people of color were there -- it might have been as many as half.  And the crowd was WAY more than half women.  I don't want to argue right now about buying a franchise as a path to entrepreneurship -- there are pros and cons.  But it really helped reinforce something I always suspected -- that entrepreneurship is a particularly important path of self-improvement for women and people of color.

These all sound like worth progressive goals, and in fact many progressive profess to support entrepreneurship.  Here is a screen shot from Beto O'Rourke's web site a loyal reader sent me:

Amazing.  We are going to promote entrepreneurship by showering the economy with regulations (1000 new bills a year in progressive CA) and making sure many of the returns from an entrepreneurs' money and effort go to other people.**  This is like saying we really want to promote the growth of the rabbit population and we are going to do it by putting out lots of rabbit traps and making sure all the carrots the rabbits are eating are given to others.

** By the way, perhaps the #1 great progressive misunderstanding is that without one single government intervention, the vast majority of the entrepreneur's efforts go to others.  Employees will earn far more in total than will the entrepreneur herself, and  consumers will be left with far more value from the products and services they buy than the entrepreneur ever got back in profit.  Steve Jobs created far more wealth and well-being for the rest of us than he did for himself.

"Brown signed more than 1,000 bills this year. The governor Tweeted that he decided on nearly 20,000 bills in his 16 years." (source)

This is 100% the reason we have been exiting most of our business in CA and will not accept any new business there. All of our training time with managers there goes to compliance with a myriad of new interventions from the legislature.  There is no time left to improve the business, serve customers better, or get more efficient.  California has hit, at least for us, the regulation singularity where new regulations are written faster than we can manage compliance to them.

Now all these veterans of California regulation madness are fanning out into national government.  Beware.

UPDATE:  I had the wrong link.  The call is Wednesday but at 2:30 Pacific after the market closes, which makes more sense.  Like many companies, Tesla likes to dump the quarterly financials, dozens of pages in 8 point font, just seconds before the conference call.

If you are sitting in your office this week and need to be entertained in a way that looks like you are working, consider the Tesla investor conference call Wednesday at 2:30 PDT.  I can't guarantee anything but past conference calls have been a circus.  Normally I would expect the Tesla Board or the corporate counsel (who is Musk's divorce lawyer, lol) to bring adult supervision to the party, but so far that has not happened in any Tesla communications to date.  Expect potential discussion around:

• Tesla's immediate external capital needs, given that they are burning cash faster than you could actually physically burn it (Musk claims zero is needed but everyone else in the free world thinks its >$2 billion, with a huge part of Tesla's existing debt also expiring and needing to be rolled over soon)
• Model 3 order blacklog (this was the question in the last call that caused Musk to tell the experienced Wall Street analyst to shut up and then he switched to taking questions from a Youtube fanboy
• Model 3 production rates and quality issues
• Gross margins.  They HAVE to get higher for survival.  Particularly since Telsa has chosen to eschew traditional dealer networks so corporate bears all the cost of service and support.  This demands Tesla not only get its gross margins as high as other auto makers, they need to be higher.
• Expiration of tax subsidies -- the $6500 government tax credit for Tesla customers slowly disappears once their 200,000th EV has been sold in the US, which has happened.
• The disappearance of the $35,000 Model 3 from the web site (this is the promised car that generated a lot of the Telsa hype in the first place)
• Disappearance of all those other teased products (coupe, semi) that were released to great fanfare and have not ever been mentioned again
• ZEV credits (these are credits it gets from states like CA that other car makers have to buy to do business in those states with gasoline vehicles).  These are odd ducks as they have a lot of value but for some reasons do not show up anywhere on the balance sheet, so one doesn't know they even exist until Tesla chooses to sell them for a LOT of money.   They can flip a single quarter positive by saving these and exercising them at the same time.  Most folks see this happening in a bid to make Q3 profitable.  (By the way, anyone out there that understands by what accounting rules these valuable assets don't get put on the balance sheet are encouraged to email me the answer).
• Introduction of competitive products (Jaguar, Volvo, and pretty much everyone else soon)
• Pending lawsuits from both shareholders and whistle-blowing employees
• Implosion of SolarCity (now part of Telsa) such that new installations are on a trend line towards zero
• (unlikely but someone should really ask) Musk's silencing of critics
• (unlikely but someone should really ask) Musk's social media demeanor, including calling the Thai rescue hero a pedophile because he did not use Musk's goofy submarine

Tesla is a train wreck I cannot take my eyes off.  Unlike Theranos, which combined a product that didn't work with a screwed up management, and which operated in the dark, Tesla combines what has been a really good product with a screwed-up management, and operates in an absolute blaze of publicity.  I have never seen any stock where sentiment was so polarized between bears and fan-boy bulls (Herbalife, maybe?)

I have a personal metric of sentiment and volatility I invented but I am pretty sure has been used since before I was born.  Anyway, I look at the sum of the price of an at-the-market put and at-the-market call for the stock about 6 months out.  I then divide this combined price by the share price.  For Tesla January options, this comes to 31%.    This is really a huge number.  Take ExxonMobil, which has a lot of split sentiment right now (a historically fabulous company that keeps screwing up its quarters recently) this metric sits at 9%.

Disclosure:  I am in and out of short positions on TSLA, typically selling around 350+ (usually after Musk has honeytrapped the fan boys) and covering in the 290-300 range (usually after real news or a Musk meltdown).  This strategy has been profitable for 2 years but I think that is coming to an end.  TSLA is either going to fall more or stay high based on what it does in the 3rd quarter.

For 15 years I have been a customer of El Dorado bank in a small town in California, just depositing our weekly revenues in the account and sweeping it out from time to time.  When Bank of America closed a few locations we use in other California small towns, it seemed easier to just add additional El Dorado accounts.  WRONG.  I was told today that because we might possibly maybe make three simultaneous deposits at the three banks that total to more than $10,000 in cash in one day, we suddenly are subject to all sorts of disclosure requirements.  I am used to having my privacy raped as a business owner to set up even a simple banking relationship, but now apparently any employee of mine who might make the weekly deposit is going to have to submit all sorts of personal information, including social security number, to the bank just for the ability to deposit money.  We have been doing the same business with El Dorado for nearly 20 years, and suddenly in the little town of Lone Pine, CA, population 2035, we are now treated as presumptive drug dealers and tax evaders.  It aggravates me that I have to put my employees in this position.

It used to be that it was easier to have fewer banking relationships to manage, but now I am thinking the costs may be running the other way, encouraging more smaller banking relationships that don't trigger whatever limits are set for treating customers as presumptive criminals.

Over the last several years, there have been several proposals to split California into more than one state (I know what you are thinking:  Good God, more Californias?)  There was a proposal last year to split it into 6 states.  This election, there is a proposal on the ballot to split it into 3 states.  I am not sure what the entire process would be, but as a minimum either proposal would have to be approved by Congress.  For that latter to happen, the 3 state plan is probably more likely to get approved than the 6 state plan because it is an odd number.  Seriously.

For the rest of us, the main effect of a California split is that its current citizens would get more US Senators.  Each state gets 2 Senators so California would go from 2 to 6 Senators in a three-state proposal and 2 to 12 Senators in a 6-state proposal.  This also means that California would get some extra Electoral College votes, since a state's votes is the sum of its Representatives and Senators.

To some extent, this debate will be a flashback to the mid-19th Century when statehood decisions were made based on the north-south balance in the Senate.   This time around, it will be about shifting, or perhaps more accurately not shifting, the Republican-Democrat balance.  Right now CA is perceived by all to be +2 Senate seats for the Democrats for most of the foreseeable future.  The problem with even-number splits such as 2 or 4 or 6 states from CA is that they are almost guaranteed to shift the CA contribution away from +2D.  Take the two state solution.  If they were split north and south, you would likely get two blue states and the +2D from CA in the Senate would become +4D.  Republicans would barf.  If you split the state east-west, you might be able to create a red state and a blue state such that CA would shift from +2D to neutral, an effective gain for R's.  Democrats would hate this.  Neither party in Congress is going to agree on a solution here.  There is no way to gerrymander the thing without some party making a gain.  This is generally true for all even number state solutions.

Odd number state solutions could also be problematic, but they could also work depending on how the lines are drawn (making this probably the most watched gerrymander in US history).  A three state solution that creates two blue states and a red state would keep CA's total effect on the Senate as +2D.  I am not sure any split would clear Congress but this is probably the only possibility that might do so.   Two coastal states and one inland state would probably achieve this result, but I believe the current proposal is for three states split north to south, so a large heavily blue coastal city or two is in each state, which could push the thing into being +6D which the Senate would never buy short of a Democratic majority and elimination of the filibuster (which for a generation of +4 votes in the Senate they might consider).

All of this glosses over huge local problems in CA itself, like

• How do you split up state debts, such as Calpers obligations and assets
• Will current state officeholders (e.g. the governor and AG) who are incredibly powerful and have historically used these positions as springboards for national office (e.g. Kamala Harris, Jerry Brown, Ronald Reagan) accept a huge reduction in their power and budget
• If there is a red state created, how will blue urban areas put into this red state react?  (the opposite issue already exists with red rural areas already used to living in a blue state).

For years (as an engineer) when I made fun of college students not doing any work or not studying anything of actual utility, I often used art students as an example.  Today I offer my apology.

My daughter is an illustration major at a college called Art Center in Pasadena, CA.  I don't know if this is usual for art schools or if it is just this one college, but these kids do an insane amount of work.  My wife and I both attended Ivy League schools and my son went to Amherst, all of which are high on rankings of top academic stress schools, but none of us ever worked like the kids at Art Center.  My daughter coasted to A's in one year at Rice University, which she would describe as a cake walk compared to art school.   Her art school features five 5-hour classes a week plus each class can and does issue up to 9 hours of homework a week.  Typical weekly assignment for 1 course:  draw 300 hands.

In addition to all of this there are mid-terms and finals.  Below is one project my daughter did for one course's final exam, a set of children's books put together from scratch with her own art.  This strikes me as an insane amount of work.

I will add that I have become reconciled to art school in other ways.  To some extent my daughter's false start going to a major university in a liberal arts program was a result of our family's expectations about college.   Our bias was that a liberal arts degree from a highly-ranked university was the path to success.  Art school was for slackers who ended up sleeping on the street in a refrigerator box.  But you know what?  Art school teaches a real craft and teaches it rigorously.  Can Yale say that about its gender studies program?

One caveat to this is that my daughter can write.  She went to a high school where all the assignments and exams were essay-based.   She can toss off a polished 5-paragraph essay in her sleep.   If this were not the case, I would worry about this one aspect of art school.  I consider writing (and remember, this comes from a mechanical and aerospace engineer) to be the most important core skill and an education that does not teach writing or provide a lot of writing practice is suspect in my mind.

A while back I wrote a long article about all the ways the government is making it nearly impossible to employ low-skilled labor.  I worried that because it is getting harder and harder to profitably employ low-skill labor, the country would soon sort itself into those with skills and jobs and those on government assistance, with little or no opportunity for people in the second category to move to the first.

As part of that article, I observed that much of the capital in this country is flowing to new business models that use minimal numbers of employees.  I wrote:

Is it any surprise that most entrepreneurs are pursuing business models where they leverage revenues via technology and a relatively small, high-skill workforce?  Uber and Lyft at first seem to buck this trend, with their thousands of drivers.  But in fact they prove the rule.  Uber and Lyft are very very careful to define themselves and their service in a way that all those drivers don't work for them.  I would go so far to say that if Uber were forced to actually put all of those drivers on their payroll, and deal with they myriad of labor compliance issues, their model would fall apart.

Well, we are going to find out if my last statement is true.

The California labor commission has ruled that an Uber driver qualifies as an employee, not a contractor, of the company.  As a result Uber will have to reimburse a driver for expenses accumulated in the line of duty. That includes $256 in tolls and the IRS rate of $0.56 per mile for use of a personal vehicle for business purposes.

The actual issue in this case of reimbursement of expenses is pretty narrow, and actually kind of stupid.  Uber is already paying drivers effectively by the mile by giving them a percentage of the mileage-based fee customers pay.  All this will do is cause Uber to reduce the share of revenues drivers get by something like 56 cents a mile and then hand the $0.56 to them in a separate check.  Its an extra accounting and paperwork hassle, but business people deal with mitigating such government-imposed stupidity 10 times a day.

No, the real danger of this ruling lies far beyond expense reimbursement.  A few top of head thoughts

• This would obviously make Uber drivers subject to minimum wage.  How does one even figure that out?  Now that there are local minimum wages (e.g. LA soon to be $15 an hour) how do you compute minimum wage for a trip that begins outside of LA but ends inside the city?  Or vice versa?
• Uber drivers currently only get paid for transporting passengers, but what about their time driving around waiting for a passenger?  Will that be classified as standby time for which the employer must pay for?  You can expect the standby time class action in California in 3..2..1..
• This changes the whole relationship between Uber and its drivers.  Currently, Uber does not have to worry about driver productivity or work ethic, as long as they get good customer ratings when they do drive. Why?  Because Uber is not paying them except when they haul a passenger.  Now, if they have to pay them by the hour, Uber suddenly must police them for productivity and set minimum revenue generation targets for drivers.  The flexibility that drivers love will be gone.
• And then there is Obamacare.  If drivers drive more than 29 hours a week, Uber would have to provide health care or pay really expensive penalties.  Will Uber find it necessary, as my company has and many other service businesses have, to cap driver hours at 29 hours a week max?
• What about California break law?  Employers have an affirmative duty to make sure employees take a 30 minute unpaid meal break after X hours.  And just allowing for it (ie allowing drivers to put themselves in unavailable status) is not enough - employers have to have processes and documentation in place to make sure the employee takes their break (I kid you not).
• What about CalOSHA?  Is Uber suddenly responsible for working conditions and safety in the vehicle?  And how does it do that if it does not own the vehicle?
• Every employee is essentially his or her own manager.  Does that now make Uber subject to ensuring every driver has all state-mandated manager training, such as sexual harassment training?
• Employers are typically liable for actions by their employees, even if those employees are breaking the rules and ignoring the employer's wishes.  Is Uber now liable for a driver who, say, verbally harasses a passenger?  In the past, that gets sorted out pretty fast by the rating system, but does Uber have to take a more direct hand now do avoid a deluge of lawsuits?
• As of July 1, California employers must provide paid sick leave to employees.  They must provide unpaid leave under the family and medical leave acts.  In fact, California requires employers provide and track literally dozens of forms of mandatory paid and unpaid leave (including leave for victims of stalkers, just as one example of the scope of these requirements)
• The taxes and required fees owed by employers for each employee are myriad.  State and Federal income tax must be withheld, Social Security and Medicare taxes paid, California state disability tax paid, unemployment tax paid, and workers compensation premiums paid.
• Unemployment could be real nightmare.  Can drivers choose to drive for a while, then take unemployment for a while, maybe while tourist season in San Francisco is slow, then go back to driving?  You think that can't happen?  A number of my seasonal employees work in the summer, then take unemployment all winter despite having no intention of trying to find work in the winter.  I pay 7% of wages in California as unemployment taxes and would pay more except that scale is capped and I can't get in a worse category than my current F-.
• Then there are a myriad of smaller issues that probably can be solved but consume bandwidth of a company's management that would otherwise be innovating.  As one small example, one has to post about 20 different state and Federal labor posters in CA where all employees can see them.  Where would that be for Uber drivers?

Sunset Magazine just had its annual "Best Campgrounds of the West" issue and we have four of the campgrounds we operate on the list -- pretty good considering we only operate in two of the four regions they cover (we operate 4 of the 54 campgrounds they recognize in CA, AZ, and NM).

On the list were Sabrina (CA), Big Pine Creek (CA), Cave Springs (AZ) and Sleepy Grass (NM).  We always love getting positive feedback, of course, but are particularly thrilled in this case since the frequent criticism of private operation of public campgrounds is that private companies will somehow ruin the recreation areas for profit.  Exactly how we would make money by destroying the natural beauty which draws paying visitors to these parks is never explained.  But it is good to have confirmation that we private operators are doing a good job.

California is the #2 rice grower in the nation, with 22% of US production.

There is a debate growing in California about whether crops like almonds (that use a lot of water) should be allowed.  But all that authoritarian command and control debate about "allowing" certain activities is unnecessary.  Just raise prices to some sort of supply and demand matching level (it is a bit awkward to do this because there is not a true free market in water supply but any attempts have got to be better than the current absurdly low prices).  Then the almond growers themselves, and the rice growers, and the golf courses, and everyone else will decide if they can still operate in CA or not.  No politicians' commands necessary.

Raising prices also creates a secondary benefit over government-imposed rationing -- it provides incentives for people to seek out and invest in new sources of supply.  Desalinization, any one?

There is little trend evidence anywhere that climate is getting -- pick the world -- weirder, more extreme, out of whack, whatever.  In particular, name any severe weather category you can imagine, and actual data in trend charts likely will not show any recent trend.

The reasons the average person on the street will swear you are a crazy denier for pointing such a thing out to them is that the media bombards them with news of nearly every 2+ sigma weather event, calling most of these relatively normal episodes as "the worst ever".

A great example is the California drought.  Here is the rolling average 5-year precipitation chart for California.  Find the worst drought "ever".

I know no one trusts anyone else's data in public debates, but you can make these charts yourself at the NOAA site, just go here:  http://www.ncdc.noaa.gov/cag/.  The one record set was that 2013 had the lowest measured CA precipitation in the last century plus, so that was indeed a record bad year, but droughts are typically made up of multiple years of below average precipitation and by that measure the recent CA drought is the fourth or fifth worst.

By the way, Paul Homewood points out something that even surprised me and I try not to be susceptible to the mindless media bad news stampeded:  California rainfall this year was close to normal.  And, as you can see, there is pretty much no trend over the last century plus in California rainfall:

As discussed previously, let's add the proviso that rainfall is not necessarily the best metric of drought.  The Palmer drought index looks at moisture in soil and takes into account other factors like temperature and evaporation, and by that metric this CA drought is closer to the worst of the century, though certainly not what one would call unprecedented.  Also, there is a worsening trend in the Palmer data.

Update:  By the way, the fact that two measures of drought give us two different answers on the relative severity of the drought and on the trend in droughts is typical.   It makes a mockery of the pretense to certainty on these topics in the media.  Fortunately, I am not so invested in the whole thing that I can't include data that doesn't support my thesis.

It is almost impossible to read a media story any more about severe weather events without seeing some blurb about such and such event being the result of manmade climate change.  I hear writers all the time saying that it is exhausting to run the gauntlet of major media fact checkers, so why do they all get a pass on these weather statements?  Even the IPCC, which we skeptics think is exaggerating manmade climate change effects, refused to link current severe weather events with manmade CO2.

The California drought brings yet another tired example of this.  I think pretty much everyone in the media has operated from the assumption that the current CA drought is 1. unprecedented and 2. man-made. The problem is that neither are true.  Skeptics have been saying this for months, pointing to 100-year California drought data and pointing to at 2-3 other events in the pre-manmade-CO2 era that were at least as severed.  But now the NOAA has come forward and said roughly the same thing:

Natural weather patterns, not man-made global warming, are causing the historic drought parching California, says a study out Monday from federal scientists.

"It's important to note that California's drought, while extreme, is not an uncommon occurrence for the state," said Richard Seager, the report's lead author and professor with Columbia University's Lamont Doherty Earth Observatory. The report was sponsored by the National Oceanic and Atmospheric Administration. The report did not appear in a peer-reviewed journal but was reviewed by other NOAA scientists.

"In fact, multiyear droughts appear regularly in the state's climate record, and it's a safe bet that a similar event will happen again," he said.

The persistent weather pattern over the past several years has featured a warm, dry ridge of high pressure over the eastern north Pacific Ocean and western North America. Such high-pressure ridges prevent clouds from forming and precipitation from falling.

The study notes that this ridge — which has resulted in decreased rain and snowfall since 2011 — is almost opposite to what computer models predict would result from human-caused climate change.

There is an argument to be made that this drought was made worse by the fact that the low precipitation was mated with higher-than average temperatures that might be partially attributable to man-made climate change.  One can see this in the Palmer drought severity index, which looks at more factors than just precipitation.  While the last 3 years was not the lowest for rainfall in CA over the last 100, I believe the Palmer index was the lowest for the last 3 years of any period in the last 100+ years.  The report did not address this warming or attempt to attribute some portion of it to man, but it is worth noting that temperatures this year in CA were, like the drought, not unprecedented, particularly in rural areas (urban areas are going to be warmer than 50 years ago due to increasing urban heat island effect, which is certainly manmade but has nothing to do with CO2.)

Update:  By the way, note the article is careful to give several paragraphs after this bit to opponents who disagree with the findings.  Perfectly fine.  But note that this is the courtesy that is increasingly denied to skeptics when the roles are reversed.  Maybe I should emulate climate alarmists and be shouting "false balance!  the science is settled!"

We have invested a fair amount of time to try to get sales tax treatment on food items in our California stores correct.  But the rules are insane.   Beyond all the crazy rules (e.g. if a customer buys a refrigerated burrito it may be non-taxable, but if he puts it in the microwave in the store to heat it up it becomes taxable for sure) is the fact that sometimes customer intent matters (e.g. will they consume it at one of the picnic tables on site, or take it back to their home or camp site)

When searching for more resources on the topic, I found this flow chart on deciding if CA sales tax applies to food

Here is more, from the same article

Under California law, foods eaten on the premise of an eatery is taxed while the same item taken to go is not: "Sales of food for human consumption are generally exempt from tax unless sold in a heated condition (except hot bakery items or hot beverages, such as coffee, sold for a separate price), served as meals, consumed at or on the seller's facilities, ordinarily sold for consumption on or near the seller's parking facility, or sold for consumption where there is an admission charge." Exactly which type of foods do and do not fall under the scope of this provision is the frustrating devil in the detail.

Eskenazi notes a few of the ridiculous results of drawing an artificial distinction between hot and cold foods. "A hot sandwich to go would be taxable," for example, "While a prepackaged, cold one would not -- but a cold sandwich becomes taxable if it has hot gravy poured onto it. Cold foods to go are generally not taxable -- but hot foods that have cooled are taxable (meaning a cold sandwich slathered in "hot" gravy that has cooled to room temperature is taxable)."

The $10.10 minimum wage discussion has gotten a lot of attention.   But in 2011 only 3.8 million workers made at or below the minimum wage, and of these, at least half earn substantially more in reality through tips.

Obama's announcement yesterday that he wanted to substantially change the way salaried workers will likely have far more negative impacts on employment than his minimum wage proposals.

President Barack Obama is expected to order a rule change this week that would require employers to pay overtime to a larger number of salaried workers, two people familiar with the matter said.

Currently, many businesses aren't required to pay overtime to certain salaried workers if they earn more than $455 a week, a level that was set in 2004 and comes to roughly $24,000 a year. The White House is expected to direct the Labor Department to raise that salary threshold, though it is unclear by how much.

Ross Eisenbrey, vice president of the liberal Economic Policy Institute, and Jared Bernstein, a former White House economist, recently proposed the limit be increased to $984 a week, or roughly $50,000 a year.

"That would mean between five- and 10-million people could be affected, but they might choose a lower number," Mr. Eisenbrey said about the White House plans.

5-10 million is potentially 3x or more the people affected by a minimum wage change.  But in some sense, this still underestimates the impact.  Here is one example.  Last year the average starting salary of college graduates is about $45,000.  The median is likely lower.  This means that over half of all college graduates going into the work force will be taking hourly jobs that used to be salaried.   Teachers will be hourly.  Budget analysts will be hourly.  Etc.

So all these folks are saying - Yeah!  I get overtime!   Wrong.  They will be eligible for overtime.  But companies will quickly restructure their work processes to make sure no one works overtime.  And since their new hires are working just a straight 40 hours (with mandatory unpaid lunch break time in CA), they will likely pay less.   If I am paying $40,000 a year for someone who will work extra hours for me, I am not going to pay that amount to someone just punching a time clock.  And the whole psychological relationship is changed - a salaried person is someone on the management team.  A person punching a timeclock may not be treated the same way.

Further, when someone gets switched from salary to hourly, they lose a minimum pay guarantee.  When I get a $3,500 a month offer, I know that no matter how slow things are, until I am fired I get $3500 a month.  There is a floor on my earnings.  As an hourly worker, my hours can be adjusted up or down constantly.  There is no floor at all.

Oh, and by the way, remember Obamacare?  The PPACA penalizes companies who do not provide a health plan that meets certain (expensive) criteria.  But that penalty is not applied for workers who are "part-time" or work less than 30 hours a week.  Salaried workers are automatically full time.  But once you convert all those people to hourly and make sure they are working no more than 40 hours a week, is it really so large a step to getting them under 30 hours a week?

PS-  Well, for those who think schools assign too much homework, this could well be the end of homework.  The most dangerous possible thing with hourly workers is to give them the ability to assign themselves unlimited overtime.  Teachers could do this at home with grading papers.  If I were a school, I would ban teachers from doing any grading or schoolwork prep at home -- after all, it's hourly and probably overtime and they could work unlimited hours at home and how would you get it under control?  The only way to manage it would be to ban it entirely.

PPS- What about travel?  Would you ever let workers paid hourly travel?  You would have to pay all the travel time and maybe part of the hotel time and there would be huge potential for ending up with overtime bills so better to just ban travel all together.  I know this seems knee-jerk to ban something that might impose a lot of extra labor costs seems extreme, but just look at California.  In California, employees have the right to a half-hour lunch break without work.  They can work through lunch if they choose, but courts have imposed enough onerous reporting standards around this that most companies (like mine) have just banned working through lunch.  It is a firing offense in my company, and in many others in CA, to be caught working during lunch.  We are going to see the same thing working from home.  In fact, we already see this, as there are class actions right now against companies who provided employees with cell phones saying that giving them a cell phone put them "on call" and subject to overtime hours that had to paid at home.  Companies are now making it a firing offense to take one's company cell phone home.

Sorry this post is so disorganized, but this initiative caught be by surprise and I have not been thinking about it for very long.  I will try to work out a more rigorous article in the next few weeks.

Today I gave notice that I was exiting another park operations contract in California.  This location has always been marginal, but we kept holding out hope of improving it.  But with rising CA minimum wage, the PPACA, and onerous CA labor and liability laws, operating in CA is so hard that I have to make good money or get out.

I had to pick a termination date at the end of the summer.  I was going to choose Labor Day but looking at the calendar, it gave me a smile to slip the date to September 2, a date that should be familiar to anyone who is a real Atlas Shrugged geek.  It is an inside joke guaranteed not to be recognized by any of the government agency managers we work with there.

1.  Its all about having the right people.  When I was in b-school, I honestly laughed at statements like this.  I thought it was new age bullsh*t.  I was totally enamored of quantitative analysis and business strategy.  After running a business for 10 years, I now know that people are everything.  Everything - our ability to grow, to handle difficult compliance issues, to work safely, to reduce costs - relies entirely on my finding the right people in the right spots.  Everything else is a rounding error.

2.  There is only a very limited number of things you can deploy to the field at any one time.  It took me a really long time to realize that my mind - in fact, any manager's mind - likely works way faster than the bandwidth that exists to actually deploy new things to the field.  Putting customer initiative X on hold because compliance issue Y needs to be deployed first is really frustrating, but trying to do too much means nothing gets done.

I would observe relative to #2 above that over the last few years the combination of the Feds + legislatures like in CA are generating new compliance issues faster than we can deploy solutions and train for them.   In California, we have put most all new customer initiatives on hold because we are simply overwhelmed with management and employee training relative to various local government mandates.

The last remaining justification that anyone has given me for the need to close privately-funded concession-run parks in the US Forest Service is that the Forest Service must close to all uses on its lands.  But this justification is now in total tatters, making it all the more clear that closure of private concessionaires was an arbitrary and unjustified action.  Here is why:

• As reported earlier, the US Forest Service is still allowing many recreation uses on its lands.  Individuals can still camp and hike in non-developed areas.  Many US Forest Service campgrounds till seem to be open (example Oak Flats near Globe, AZ).  And many state parks, such as Fool Hollow and Slide Rock in AZ and Burney Falls in CA that operate on US Forest Service land have been allowed to remain open and still use Forest Service land for recreation.  In fact, the only groups that seem to be closed in the US Forest Service are private concessionaires, which increasingly appear to have been singled out for rough treatment by the Administration.
• We have received emails from the US Forest Service that these closures are required to be consistent with the NPS, but the NPS is allowing its parks to be reopened if they are funded by outside agencies.  Both Arizona and Utah have reached agreements to reopen National Parks in their states through use of state funding.  So why can't private parks on Federal lands be reopened through the use of private funding, which is how we operate anyway?  Its almost as if this Administration has some sort of bias against private activity.

Our concession operations on Federal lands are still mostly open today (we had two US Forest Service local offices ask us to close, but these are both offices that have a tradition of interpreting the rules in odd ways).

By all the rules, being open to the public is the right decision.  We are tenants on US Forest Service land and operate entirely outside of the government budget, receiving no money from the government and we employ no government workers.  No government employee has a duty station in any of the parks we operate.   There is no more reason to close our operations than to, say, ban cars from Federal highways during a shutdown.

However, apparently we have been told by several local folks in the Forest Service that the higher ups (this tends to mean folks up in the Administration) are re-evaluating our status.  I do not know what is going on today, but in the past this has often meant that the administration is considering closing us to make the government closure as painful as possible.  After all, as I have written here and here, parks closures seem to be one of the few things anyone notices in a government shut down.

Update:  Our most recent guidance:  "1.  The Forest Service is allowing concessionaires to continue to operate as long as no Forest Service personnel is needed to ensure safety."  It looks like we may have to close a few sites that are dependent on USFS operated water systems, but otherwise most of our locations will be open.  I am hoping to get out a press release and update our web site but things are still fluid this morning.

Update #2:  Definitely still open everywhere but in one location (Laguna Mountain, CA) where we depend on a USFS-operated water system that will close.  no closure press release 2013

This is an article a reader described as being from the "screw them all" category, and I am inclined to agree.  There are many funny bits in the piece, but I particularly liked the San Francisco lefties arguing that these new Google millionaires should act more like the Rockefellers and the Vanderbilts.  LOL for sure.

Incredibly, no one asks the obvious question -- why is home supply in San Francisco treated as zero sum, such that a Google millionaire moving in by necessity kicks some  poor people out.  The reason is that no place in the country does more than San Francisco and the Bay Area to make it impossible to build new housing.  San Francisco has some unique geographic constraints but you don't hear people complaining about this in Houston (which is in fact a much larger city).  In fact, I am trying to imagine Houston complaining about too many rich people moving in.  I just can't seem to focus that image in my head.

Actually, the article does very briefly consider the supply side of the equation, but of course no one mentions government development and zoning restrictions -- its the fault of capitalist speculators!  My reader highlights this paragraph:

Though he doesn’t much care for the start-up douchebags, Redmond blames not individual tech workers for the current crisis, but property speculators and the lawmakers who have let them take advantage of their precious commodity: space. “If we had a major earthquake in San Francisco, the water mains all broke, and some guy showed up with a water truck and started selling water for $10 a gallon, people would be pissed,” he says. “That guy would be ridden out of town; he’d be attacked with sticks and pitchforks. But that’s what the real estate people are doing right now – and they’re getting away with it.”

Memo to speculators:  If I have lost all access to water and am dying of thirst, you are welcome to come to my house and sell water to me for $100 a gallon.  I promise no pitchforks at my house.

PS-  One thing I did not know is that tech companies seem to be running large private bus systems

The Google buses, which often stop in spaces supposedly reserved for public transport, are a particular point of contention. This growing fleet of unmarked luxury coaches carries some 14,000 people on their 35-mile trip from the city to Silicon Valley and back. Since the search giant introduced the buses a decade ago, Facebook, Apple, eBay and almost 40 other companies have followed suit. Each new route quickly becomes a corridor of hip clothing stores and restaurants.

This is an interesting exercise in privatization.  For riders, it certainly would be nice to have routes custom designed to match your needs (ie exactly from your origin to your destination without changing trains or busses), something that is often an issue with public transport networks.  Als0- and this is going to sound awful but it is from many public surveys and not my own point of view - these private bus networks get around the social mixing issue that turns a lot of middle class riders off on bus systems.

This is obviously expensive but I understand why some companies do it.  As someone wrote a while back, no one in their right mind would put Silicon Valley in California today if it were not already there.  It is absurdly expensive to do business in CA and it is expensive to live there as an employee.  However, tech companies have found that  a certain good called "access to San Francisco" is quite valuable to the types of young smart employees they want to hire and can overcome these negatives.  So the bus system is a way for companies to better provide this good.  The irony of the article is that as so many tech companies are selling this good (ie access to San Francisco) they may be changing the character of San Francisco in a way that makes the good less valuable over time.

Most of the Left wants to measure access to health care by the percentage of people who have health insurance, implying that those without insurance have no access to care.  But in fact the uninsured in the US have access to better health care than most other people in the world.

And it will soon become apparent that the converse is not true either - even with insurance, in a top-down rules-driven government-controlled health care system, one may not have access to health care.    For example, one of my employees was complaining that she was having trouble with workers comp getting care for her injury.  This is a follow-up email I received today from my insurance agent (redacted only for privacy issues):

I talked to [valued employee of my company, call her Jane] this morning regarding her lack of attention from [our workers comp insurer].

I then followed up immediately with [representative of workers comp insurer] working on her account, in Sacramento, CA.

It seems the problem is her injury occurred in CA and she's now in MO.  The doctors in MO don't want to see her due to the paperwork and issues required under the CA laws. 

Jane advises she gets relief from going to a chiropractor.  I told her to keep going and I would get [insurance company] to approve those visits, which [workers comp insurer rep] said she would.

So, it comes down to [our insurance company] trying to find an Orthopedic Doctor who will take her and comply with the CA requirements, which the Drs. don't like.

There is no issues on coverage, it's a political issue.

Already, Medicare and Medicaid patients have trouble finding doctors to treat them.  Enjoy the cozy feeling of being "insured" via Obamacare.  Let's hope that when you are sick, there is a doctor who will see you.

Breaking news from California:

The Workers' Compensation Insurance Rating Bureau (WCIRB) made it official and submitted a mid-year filing for a 9.1% increase in the pure premium advisory rate that Insurance Commissioner Dave Jones approved less than six months ago. The proposed July 1 increase follows the 37% increase that Jones approved for January 1 that was hidden by the change in benchmarks for pure premium rates that was made at his request....

The Bureau insists that an increase of this magnitude is necessary to combat the continued deterioration in the claims experience, as well as an uptick in claim frequency in the 2010 accident year. Much of the increase will also go to pay for the higher loss adjustment expenses carriers are incurring fighting liens and litigating permanent disability claims. Projected ALAE costs are up to $11,403 per indemnity claim for the 2011 accident year compared to $10,698 the year before.

A 9.1% increase a half year after a 37% increase is just crazy.  This tends to confirm three issues I have written about before:

1. People are filing workers comp claims as a substitute for or a supplement to unemployment.  Our company has seen a significant increase in people "coincidentally" suffering an injury on one of the last few days, and particularly the very last day, before they are to be laid off.  Only such fraud explains an increase in claims when economic activity is way down, particularly when more dangerous professions like construction employment fell much more than office employment in the recession.  We have also seen, by the way, an increase in frivolous labor lawsuits in CA coincident with the economic decline.  A year ago I had an employee in CA tell me that she had attended a brainstorming session the night before among several of my ex-employees trying to generate ideas for ways to sue our company.  I can't wait for an improvement in the economy when the returns of working are higher than the returns of brainstorming ways to extract money from our company via the legal system.
2. California in general does a bad job of policing workers comp. fraud.  Woe to the employer that actually attempts to question an outrageously suspicious claim.  Last time I tried to do so in CA I got slapped with a lawsuit.
3. All states do a terrible job policing permanent disability claims.  I hire a lot of older workers.  I can't tell you how many people show up at my door trying to be paid under the table because they don't want to endanger their permanent disability by having a record of getting paid for doing very physical outdoor work for us.  They assure me they are 100% capable to do heavy physical labor.  Since I don't pay anyone off the books, they end up finding work elsewhere.   Many of you may not believe such people exist, but I have met a number of folks who consider getting a permanent disability, or at least something a doctor will testify is a permanent disability, the equivalent of hitting the lotto.  I have even been sued by a woman for submitting testimony to the social security administration that might have harmed her chances of getting a permanent disability ruling.  The lawsuit stated that if she was denied the disability payment after I testified that I had seen no evidence of any limitations in what she could do on the job,  that I should be liable for paying her the lifetime amount she would have gotten.  So I wimped out and withdrew my testimony and let the taxpayers pay her rather than farting around with a lawsuit.

My company is moving into Tennessee as a campground operator.  I was disappointed to see Tennessee is one of only a couple of states that double tax s-corporation earnings.  The state takes a straight 6.5% cut of all corporate earnings, even of an S-corp, and then charges regular income tax rates on the same income as it passes through to the individual.  This makes Tennessee one of the few states where, from a state tax perspective, S-corps are worse than C-corps, because if you are going to be double taxed, at least with the C-corp you can indefinitely delay taxation by not issuing dividends.
PS- TN lodging tax rates are horrendous.  Whenever I see tax rates higher than comparable rates in CA, I know they are too high.

(update: link is fixed)  My new Forbes column is up, and it attempts to strip away the window dressing around the Keystone pipeline decision to get at the core issue -- "a quasi-irrational ('I'm blogging against the modern economy from my iPhone'), almost aesthetic distaste for energy production, the modern industrial economy, and capitalism itself. "  Read it all here.

PS-  the contrast between the Administrations support of the egregious HSR project in CA and its rejection of the takes-no-tax-dollars Keystone XL infrastructure project reminds me of my earlier piece on the Timeless Appeal of Triumphalism.   Politicians love to shift capital from private, boring, productive things like pipelines to sexy taxpayer-funded things that they can put their names on.

via here, which has a lot of good data on California job losses.

If you have a service business, I can understand the desire to get access to the large and wealthy populations in these areas.  I even started a service operation in the LA area about 4 years ago, though I regret it intensely (other operations we have in rural CA are difficult but much easier than in LA).  But even so, why would anyone ever, ever start a manufacturing or any other business in these locations if it could be located anywhere else?

I was at a cocktail party the other night lamenting to a number of business owners (more successful folks than I) about problems I am having in CA.  Usually I get sympathy, but there was none to be had.  They looked at me like I was a moron, like I was the guy who went $30,000 in debt for a puppetry degree.  They said they had gotten out of CA years ago, would never go back, and (essentially) if I was stupid enough to be there, it was my own damn fault.

Unfortunately, a lot of the recreation is there, and for better or for worse, we have found that we are better and more efficient at dealing with a lot of the CA-induced mess than other companies.  But I often wonder if I am crazy to be there.

PS- as an example, it took us 4-1/2 years to get a permit for a 1000 gallon double wall gas tank at a marina in Ventura County.  We just got it approved last month, so at last we can stop hauling truckloads of 5-gallon fuel tanks from the gas station.  We are in the third year of trying to get permitting approval to replace (in kind, same size and features) a bathroom building in a campground.

Update:  All the job gains are in industries, like health care and construction, where the jobs have to be near the population served.  Compare that to manufacturing and tech.

I barf when politicians take credit for private job creation.  At best, they stay out of the way.  At worst, they erect barriers to make growth and job formation more difficult.  So I am not ready to credit Rick Perry with Texas' economic performance over the last several years.

But despite enormous work on the left to try minimize the Texas performance, it does appear to be very impressive.  The author observes that merely comparing unemployment rates across states masks the huge job growth advantage in Texas.  Texas has higher relative unemployment compared to states like CA not because it is doing poorly, but because hundreds of thousands of people have given up on states like CA and moved to Texas looking for work.