THE NEW YORK TIMES BUSINESSTHURSDAY, JUNE 25, 2020 N B5
INVESTING | VIRUS FALLOUT
ENERGY
Spread of Virus Expected
To Dampen Gas Demand
Demand for gasoline is a proxy
for economic activity, and the
recent surge in coronavirus cases
in states like Arizona, Florida and
Texas could stem a rise in gas
prices.
In Texas, the second-most
populous state after California,
prices could fall sharply after Gov.
Greg Abbott on Tuesday urged
people to stay at home to reduce
the spread of the virus.
Demand for gasoline has recov-
ered more than half of the drop it
suffered when the coronavirus
spread widely in April and many
states and cities ordered people to
stay at home and businesses to
shut down, IHS Markit, a consult-
ing and research firm said on
Wednesday.
A survey of 15,000 gasoline
stations by IHS taken before the
new rise in cases found that use of
gasoline was down about 22 per-
cent in the second week of June
compared with the same week a
year ago. That’s a stark improve-
ment over the second week of
April, when gas purchases were
down nearly 50 percent.
So far this year, gasoline sales
have fallen the most in the North-
east, where the pandemic spread
widely in March and April, caus-
ing tens of thousands of deaths.
Demand is down by about a third
in Massachusetts. By comparison,
sales are down about 26 percent
in California.
The average price for regular
gasoline nationwide on Wednes-
day was $2.16 a gallon, down from
$2.66 a year earlier, according to
AAA. Prices at the pump have
been rising in recent weeks. Oil
prices remain roughly a third
below at the start of the year.
COMMODITIES
Price of Gold Surges
As Investors Seek Haven
Gold prices are within spitting
distance of record highs, after a
surge of buying pushed the pre-
cious metal up 17 percent this
year.
Early on Wednesday, futures
prices hovered around $1,780 an
ounce, up more than 1.5 percent
this month. Gold is now a bit more
than 5 percent away from reach-
ing the record levels of nearly
$1,900 an ounce it touched in
August 2011.
Gold traditionally is viewed as
a hedge against potential infla-
tion, and a safe asset for investors
to have in their portfolios during
times of growing political and
economic uncertainty.
With multiple crises, including
the biggest surge in unemploy-
ment since the Great Depression,
hammering the United States
economy ahead of highly con-
tentious presidential election in
November, demand for the metal
has picked up.
Some in the markets also view
the rapid expansion of the money
supply by the Federal Reserve as
a reason to expect future inflation
to be higher, making gold an
attractive investment.
TRAVEL
India Airlines Criticized
For ‘Repatriation’ Flights
India is coming under increased
pressure to open its airspace to
international carriers after the
United States and some European
nations accused it of discrimina-
tory practices under the garb of
“repatriations” flights.
The U.S. Department of Trans-
portation said on Monday that the
Indian charter flights — orga-
nized by the government to bring
Indian nationals home amid
global travel restrictions — go
beyond “true repatriations.” It
accused India’s national carrier,
Air India, of selling tickets in the
open market, even while New
Delhi officials keep U.S. airlines
from flying to India. Future char-
tered flights, American officials
said, would require Washington’s
approval.
The Indian government sus-
pended international air travel
operations on March 22 after
imposing a nationwide lockdown
to curb the spread of the coro-
navirus. On many occasions, it
failed to greenlight chartered
flights operated by American
carriers.
India’s ministry of civil aviation
said in a tweet on Tuesday that it
was considering easing those
restrictions to allow flights from
American, French, British and
German carriers.
Virus Briefing
The Labor Department is seeking
a new federal regulation that
could discourage retirement
funds from making investments
based on environmental, social
and governance considerations.
The department said in a news
release Tuesday evening that it
was taking the action to “provide
clear regulatory guideposts.” La-
bor Secretary Eugene Scalia, in an
opinion article Wednesday in The
Wall Street Journal, said the move
“reminds plan providers that it is
unlawful to sacrifice returns, or
accept additional risk, through in-
vestments intended to promote a
social or political end.”
Investments based on social
goals can consider, for example, a
company’s efforts to reduce its
carbon footprint or to promote ra-
cial and gender diversity among
its directors and executives.
Such investments have grown
immensely in recent years, to
roughly one of every four dollars
under management, according to
the US SIF Foundation, a nonprof-
it focused on the category. While
little of that was in workplace re-
tirement plans, some experts
think 401(k) plans will play an in-
creasing role in such investing.
But experts said the proposed
rule would not meaningfully
change employers’ obligations.
And Morningstar has found that
funds based on environmental, so-
cial and governance goals —
known as E.S.G. factors — outper-
formed conventional offerings
during the first quarter of this
year and going back several years
as well.
Under the Employee Retire-
ment Income Security Act of 1974,
known as ERISA, administrators
overseeing employee retirement
plans — usually an employer’s fi-
nancial or human resources offi-
cials — are required to act in the
strict financial interests of work-
ers. That typically means they can
add a mutual fund option that em-
phasizes social and environmen-
tal goals only if they expect it to
perform at least as well as an op-
tion that does not focus on those
factors while taking similar risk.
“The Department of Labor has
always taken the position that
plans can take into account other
factors, such as social and envi-
ronmental, as long as they don’t
increase risk or sacrifice return
for the plan,” said Olena Lacy, who
served as assistant labor secre-
tary in charge of the agency over-
seeing employee benefits during
the Clinton administration.
Ms. Lacy said Democratic and
Republican administrations had
simply differed over the years in
framing the obligations of employ-
ee plan administrators.
“Democrats say the standard is
that it’s OK for you do to this as
long as it comes out the same,” she
said, referring to risk and returns.
“Republicans say it’s illegal for
you to do this unless it comes out
the same.”
Jon Hale, the head of sustain-
ability research at Morningstar,
said the practical effect of the new
framing could be to deter plan ad-
ministrators from adding E.S.G.
options to 401(k) plans for fear of
violating the law.
Even if the proposal does not
come to pass, he said, employers
might decide to avoid E.S.G. in-
vestments because they see them
as a potential political minefield.
The proposed rule says that en-
vironmental, social and govern-
ance concerns can be taken into
account independent of factors
like risk and return only if they act
as a kind of tiebreaker when in-
vestments are otherwise finan-
cially indistinguishable. In that
case, the rule would require plan
administrators to document the
investment analysis that led to the
conclusion.
The department acknowledged
that the provision might create
additional burdens for employers,
but said in a background docu-
ment that it “does not expect this
requirement to impose a signifi-
cant cost as these situations are
rare.”
In the Labor Department re-
lease, Mr. Scalia said the proposed
rule was meant to ensure that so-
cial goals would not come at the
expense of returns to participants
in retirement plans, and the re-
lease says employers cannot in-
vest in E.S.G.-focused funds that
seek to “subordinate return or in-
crease risk for the purpose of non-
financial objectives.”
The department did not re-
spond to a request seeking exam-
ples of employers that have pur-
sued such strategies.
Jerome Schlichter, a lawyer
who has successfully pursued nu-
merous employers on behalf of
workers over excessive fees in
their 401(k) plans, said he was not
aware of employers who had
sought to pursue E.S.G. goals at
the expense of financial returns.
“That has not been something
that we’ve seen,” Mr. Schlichter
said. “It hasn’t been done by fidu-
ciaries in any broad way, in part
due to concerns about exposure
for litigation.”
Other lawyers said that while
the growth in E.S.G. investment
options and their rising popularity
among workers could require ad-
ditional regulation and enforce-
ment, such action would typically
be better aimed at investment
companies marketing such funds,
rather than employers and their
plan administrators.
George Sepsakos, a lawyer who
advises employer plans about
their legal responsibilities, said
the Securities and Exchange
Commission had been reviewing
disclosure from E.S.G. funds to
make sure their marketing accu-
rately reflected their investing
strategies. “Right now the defini-
tion can mean different things to
different people,” Mr. Sepsakos
said.
He said that if an investment
company had misrepresented po-
tential returns or fees from an
E.S.G.-focused fund, the invest-
ment company rather than the
employer would typically be lia-
ble. “The plan fiduciary can only
make investment decisions based
on what they know or should have
known at the time,” he said.
A 2015 academic paper examin-
ing decades of research and over
2,000 other studies found that
about 90 percent of the work
showed no negative connection
between E.S.G. principles and
corporate financial performance.
A large majority showed positive
findings.
As a result, said Mr. Hale of
Morningstar, the proposed rule
could end up being counterpro-
ductive. “Not only could invest-
ments that focus on the long-term
sustainability of companies lead
to truly long-term outperfor-
mance because you’re picking
better quality companies,” he
said. “But there is also the sys-
tems argument, that you’re help-
ing to create a financial system
and economy that will be more
successful.”
Labor Secretary Eugene Scalia
warned against retirement plans
that “promote a social or political
end” at the expense of risk or yield.
POOL PHOTO BY LEAH MILLIS/EPA, VIA SHUTTERSTOCK
Labor Dept. Seeks
Social Goal Limits
In Retirement Plans
By NOAM SCHEIBER
and RON LIEBER
A proposed rule that
might inhibit
investment options.
would probably help the economy.
It is the nation’s largest manufac-
turing sector and employs
roughly 1.5 million people in man-
ufacturing, sales and service.
That said, auto sales will be
down sharply this year, more than
in any year since at least 2009; Al-
ixPartners, a consulting firm, ex-
pects sales of new vehicles to fall
about 19 percent this year, to 13.7
million. Experts worry that a
surge in coronavirus cases in
places like Arizona, Florida and
Texas could drop sales further as
more people stay home to avoid
getting sick or making others ill.
In addition, more than 20 mil-
lion Americans were out of work
in May, according to the Labor De-
partment, and unlikely to be in the
market for new cars. Rental car
companies, which have been hit
hard by the drop in travel and typi-
cally account for up to 20 percent
of the new car market, have all but
stopped buying vehicles. Hertz,
which operates a fleet of more
than 500,000 cars in the United
States, filed for bankruptcy pro-
tection last month.
“Will we see rental orders come
back in the fall?” asked Charles
Chesbrough, a senior economist
at Cox Automotive. “We don’t
know yet, but is seems like most
business travel is going to be on
hold at least until the end of the
year.”
Yet automakers and car dealers
say they are feeling optimistic be-
cause sales of new cars to individ-
uals and families, the industry’s
main customer base, have re-
bounded strongly.
“There’s pent-up demand,” said
Doug Waikem, owner of six new-
car franchises in Massillon, Ohio.
“There are people who were
ready to buy, and then the virus
hit. They put it on hold, but some
are starting to come back.”
Auto manufacturers have lured
buyers back to dealerships with
generous financial incentives. For
a time, several companies, includ-
ing General Motors, Ford Motor
and Fiat Chrysler, were offering
zero-interest loans for 84 months
on most or all of their vehicles.
Most automakers have phased
out those offers, but interest-free
loans for up to 72 months are still
available on many models.
Many consumers appear to be
buying cars with the help of some
of the $1,200 federal stimulus pay-
ments and money they saved
when they cut other spending in
March, April and May, said Pete
DeLongchamps, senior vice presi-
dent of manufacturer relations at
Group 1 Automotive, a large deal-
ership group based in Houston.
“It’s certainly not as bad as we
feared right now,” he said. “The
government put a lot of money
into the market, and now people
are spending money on cars.”
Sales have rebounded so fast
that automakers are working to
ramp up production to restock
dealerships. Inventories dwin-
dled over the last few months be-
cause so few cars were produced.
The industry made just 4,840 vehi-
cles in North America in April, ac-
cording to Automotive News. Out-
put jumped in May, but the
month’s total, 371,551 cars and
light trucks, was still far below the
1.5 million produced in the same
month in 2019.
The supply of pickup trucks and
S.U.V.s, which American drivers
prefer to sedans these days, has
been particularly tight. G.M. has
an especially short supply of
Chevrolet and GMC trucks, deal-
ers said, because its production
was halted by a 40-day strike by
the United Auto Workers union
last fall.
High-quality used cars are also
scarce. “Our used sales have ex-
ploded,” Mr. Waikem said. “A
$10,000 to $14,000 used car is
gold.”
Robert Watkins, a production
supervisor at a manufacturing
company in New Hampshire, is
among those buying a used car.
Because of the virus, he and his
wife had to cancel a trip to Ger-
many this summer, freeing up
some cash.
“So I thought, I should probably
get a better car,” Mr. Watkins said.
Last week, he traded in his beat-
up Hyundai Accent with 163,000
miles for a 2017 Volkswagen Golf
SportWagen with almost every
option imaginable.
To reopen their factories, au-
tomakers developed new pro-
cedures to screen workers for co-
ronavirus symptoms and reduce
interactions between employees.
These included allowing time for
cleaning work places, staggering
arrival times, adding transparent
barriers to assembly lines and in-
stalling no-touch faucets and
doors.
So far, production appears to be
ramping up with few major dis-
ruptions. Ford said it now ex-
pected to have all its U.S. plants
back on normal shift schedules
this Monday, two weeks sooner
than expected. G.M. has returned
all of its truck and S.U.V. plants to
three shifts a day, and most of its
other plants are on the schedules
they were on before the pandemic
took hold. Ninety percent of the
company’s hourly workers are
back to work, the company said.
G.M., Ford and Fiat Chrysler
have most of their assembly
plants in the Midwest, where coro-
navirus cases have been falling or
are flat. But even foreign au-
tomakers, which have most of
their plants in the South where
cases are rising, said factories
were more or less back to normal.
Honda, which makes cars in
Alabama, Indiana, Ohio, North
Carolina and South Carolina, said
it had planned to halt production
for three days at the end of June as
part of the July Fourth holiday but
would now keep its plants run-
ning.
“Honda has seen a steady climb
in customer traffic at our dealer-
ships over the last month,” the
company said in a statement. “We
saw a strong sales recovery in
May, and we expect this to last
into the summer sales season.”
Automakers, Pulling Out of a Skid, Ramp Up Production
Fiat Chrysler factories in Windsor,
Ontario, above, and Warren, Mich.
Most G.M., Ford and Fiat Chrysler
plants are in the Midwest, where
virus cases have been falling.
FCA, VIA REUTERS
PAUL SANCYA/ASSOCIATED PRESS
FROM FIRST BUSINESS PAGE
19%
The expected decrease in new car
sales this year, to 13.7 million.