i'm not scared, it's... you know we can still see you. no, you can't. pretty sure we can... try snapshot today -- no pressure. >> welcome, everyone, i am charles payne in for neil cavuto. once the health care law kicks in, business owners will scramble to cover. patty is famous for getting in president obama space over health care just a couple of years ago. tell the audience what is so devastating? >> well, they want people to have insurance.

give them an individual manda, they are trying to balance that with the best of small business. >> either that or they are going to have to pay the 2000-dollar fine. charles: guess which one i might pick? may maybe all along this was the idea to usher these people under the governments weighing. >> you are a smart man. because i think that is a content exactly what they want what happens is more and more

regulation, what happened in 2014, it is making it impossible for small business owners to be profitable. i don't understand why there is nobody up in washington who have ever found the front of a paycheck. he doesn't understand that you just can't keep this going. >> we were told about all of the economic benefits. he said listen, it's not about dollars and cnts, but insuring american and we should have everyone going with this. what you say with this and people at that point of view? >> well, i think they are not.

and oh, by the way, i don't have to pay for, i'm going to get the small business owner to pay for it. >> it is interesting that you say that. i opted for one year not to take any health insurance and i was nervous. you know, that extra 300 bucks a month came in handy when i started to build my business. so i understand where you're coming from. many people are going to end up working and taking a 25% pay cut because are going they're going from $40 to at least 29 hours.

>> they will have to work haer for less money. where is this law hadn't gone into effect, they could not have kept their full-time status. it is just not right. >> i have to tell you that it seems like the unintended consequences in hurt. patty, thank you so much. >> thank you. >> fair and balanced and now to the president's former economic adviser. also i'm not sure if you heard patty or not, but she's a small business owner who is voicing concerns that are not unique to her.

>> this information doesn't always apply to the vast majority of small businesses. >> but it does apply to successful small businesses. >> it could otherwise be described as large. >> 55 employees is not large. >> the thing is this that there are costs associated with it. but when we look at the aggregate numbers for the whole economy, we do not see big movements around 50 employees or big movements of people having their hours cut you are describing. you don't see average earnings following and what you have seen is part of this. >> today the empire survey state

has said this in a secial supplentary process 50% said substantially. >> those numbers add up. >> what you just described is speculative. do you do not see that in the data if you compare this where a lot of people are already covered for the mandate that does not apply to them.

>> well, listen, the american public, here is what we have seen. on friday we have the job done. 322,000 part-time workers. over the last three decades, the economy has had to face health care rising.

charles: so you don't agree that this needs some serious reconfiguring and you are reconfiguring this as we go on? >> well, i don't know -- charles: i would think you are very nervous about this. ladies and gentlemen, you u are trying to put words in my mouth. >> that's not what i said. i think realistically the reason we cannot do that is because to open up any bills, there is a group of people on the other

side. and they are -- what they are saying right now is i ppreciate what you are doing. thank you for being on the show. charles: her boss firing her charles: her boss firing her because she's too i want toake things more secure.

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choose ishares for their etfs. ishares by blackrock. call 1-800-ishares for a prospectus, which includes investnt objectives, risks, charges and expenses. read and consider it carefully before investing. risk includes possible loss of principal. to fly home for the big family reunio you must be garth's father? hello. mother. mother! traveling is easy with the venture card because you can fly any airline anytime. two words. double miles! this guy can act. wanna play dodge ro? oh, you guys! and with double miles you can actuay use, you never miss the fun. beard growing contest and go! ♪ win! what's in your wallet? >> is the senate's plan becomes law, our economy will become larger in two decades. the demand for goods and services wouldo up creating

more jobs for american workers. the one our next guest is not buying what the president is saying. >> i think it sounds like the president is throwing everything up against the wall. in the house and senate, he didn't do that. the fact of the matter is that

these open borders mean that he doesn't really care about this, he is alking about all the political ploys. he would be for securing the borders and also for doing it for all of the right reasons. and he could've done it when i was a little bit easier. charles: you think it will create jobs? >> the nonpartisan congressional budget office has scored it economically and shown that it will be a positive to the economy. charles: don't they say that everyone's incomes would come down? there is no question that if we

bring this, if we let new highly skilled entrepreneurs create new businesses in this country, there could be more as a part of this. >> letting people come here, bringing in a bunch of unskilled workers. >> we have to stay away from this notion that if you allow more immigrants that it will take jobs away from ameercans. that is not what this country has been based upon. >> many participate in public assistance, it's just something that the taxpayers are going to have to fund. they're going to start this and that is not all of this. >> we do believe in this and

is has always been a country of immigrants. this is about securing the borders and securing our own destiny. >> that's right, we haven't had a secure border sends we have been founded as a nation. it is about time that we do something about it. and yet we haven't been able to find this yet. we have 11 million here. it is where they matricula into our economy if they want to stay here. >> some people are saying that that that you just described is draconian, like they have two

wait literally more than a decade to become official. is that the notion of fairness? >> absolutely. but we should have this bill, we should chop up the bill and deal with worker status, border security, taxation, the same as the house cheap with the farm bill. 90% of it goes to food stamps. charles: on to say that this is a political divide and conquer and that's all that really is about.

he wants this fight and this is what it is all abut. >> can you talk about this or can we talk about the legal aspect. >> there is a lot in this bill that would work to secure the borders. >> i know we can do the whole show on us. we will get back to you with the latest.

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charles: we have been hearing about apple smart watch. apple is under serius pressure because microsoft is already teing its version of the smart watch. neither company should go all in on the smart watch, is what our guest says, because that is just not going to work for either one of them. i have to tell you that when i first heard about this old dick tracy been, it sounds fun, but i'm not sure it is necessarily part of this.

>> we love the ipod, it was in the first smart phone, because we don't have enough memory on them, we are going to have to rely on the cloud or wireless network in order to get all of this going. it is not enough to jjst have this. microsoft is also only a few times with the cloud. so i think with the expectation is going to be satisfied and you realize that you have to be part of the networks to make it work. charles: to your point, microsoft has not been a trailblazer in anything new in the long-term. >> i think the last time i wasn't even working on wall street. he used to kind of be the big joke back then.

i think it is a great experience and if i were apple i would lt everyone else make the mistakes first, make the bad and have the mp3s that are not user friendly, come out and get this category going. charles: i am with tempo, it just feels like they don't haave that same -- that same desire to win every single skirmish. can you afford to wait much longer?

>> i think that if you look at the stock option with the prices are, nobody really cares at this point and i think that there is going to be -- they are not going to meet that expectation. i think that both microsoft and apple should be cautious with how much capital they add to this process be one in the meantime shoppers aren't shopping. retail is coming in lower than expected for last month. they are worried about a week back-to-school season. so we have are determined that that is a bust? >> it could be a bust because as referenced in earlier segments, student loans doubled compared to what they were in prevous years. they go to consumer electronic stores, breaking the establishment down.

>> well, the ceo said that he is worried about back-to-school. people are using less of their credit lines for inventories and shoppers are saving more than spending lots. charles: these retailers play it so close to the vest and they have the straight inventories. that they actually create the worst-case scenario because of their antipation of a scenario >> you can sleep were you can wake up and get the information,

the stocks, wal-mart, inventory management, the system is so tight as referenced that they don't have this even for the shoppers who want to buy something. >> what about on this site? i think a couple of years ago the new trend was not to load up on us. you go to school couple of weeks come easy with the hip kids are wearing, then you head back to the mall. >> you are right. urban outfitters is doing well. what is your point? they are buying this and then waiting to see. charles: he likes all of these little specialty sports, my son does. so how are they doing? >> like an urban outfitters, he

is really reflecting american merchandising and what is selling in the stories. some of the specialty stores are doing well in the real problem is department stores like jcpenney and they have really spread in this area. charles: the back-to-school season starts the second half of the year. this is one retailers make their money. will you be able to get a feeling on how the rest of the year can go? will this give us some kind o a check othanksgiving or christmas? >> you're absolutely correct. it will determine how we will do from labor day to columbus day and then through thanksgiving day as well so if it is a bad back-to-school, we are in trouble it is a moderate back-to-school, research worry about the fall and winter season. >> glad to see you.

>> thank you. >> union pushback as president obama doing a double take. that's right, double trouble for the white clients are always learning more to make their money do more. (ann) to help me plan my next move, i take scottrade's free, in-branch seminars... plus, their live webinars. i use daily market commentary to improve my strategy. and my local scottrade office guides my learning every step of the way. because they know i don't trade like everybody. i trade like me. i'm with scottrade. (announcer) scottrade... ranked "highest in customer loyalty for brokerage and investment companies."

♪ charles: a union but speculating president obama and shock. of all places, california, the historical democratic friendly state refiner and refusing to ruff of the mss is lead.

well, all because of, you guessed it, the california teachers' union, home of republican york gubernatorial candidate, not surprised and is engaged. this is an interesting thing when california pushes back against the president won this case california unions. has come down to this, hot? >> union leaders are out of control. they have for years been taking management party and against week union-inclines egotiators for the school districts. at the present time we are totally -- are school districts are going bankrupt. they don't want to play by any rules. they don't want to have any evaluations at all. they want to go forward as though everythg is hunky dory in fine. especially in our urban districts. urban districts are in critical

shape today throughout the country. california -- charles: i was going to say, i agree with you. i think it has been disingenuous and despicable hall in the so-called urban areas where the solution has been to downtown the test, give the kid and a even though he can't read and send him off into the world and everyone lives happily ever after. it is crazy. >> they go of the rules as they go along and what the game to be played their wake. the focus is not on the children. somehow we lost that commanded has to be taen back. it is primarily union leaders, not the teachers. the teachers are out there, wanted teach, have a colleague. it is these leaders that feel this obligation to continue to take the match, and we have we, obviously weak school boards as we do here in buffalo, new york. we have a union leader who actually said that if you want him to pay attention to the

students dishes are paying union dues. that is how nonsensical. charles: of course this whole thing has become an unholy alliance. the tail wags the -- >> the dog. but i do want to up be back off of that. i cannot resist having you on the show to talk about new york state politics. you know, their reentry of eliot spitzer and, of course, we enter into the political limelight, how does that make you feel? no matter what anybody says, you ran a great campaign. your credit to new york society. you were not involved in any scandals, and tse has come back sort of like caesar being cheered back into a room like a conquering hero. >> well, we should not forget that eliot spitzer was the guy that went after those wall street firms. one thing on his mind and that was take care of himself, his own arrogance and his own ego.

that is all was about. there was no justification, but that's what you did. i don't think the people have that sort of a memory. they will remember, and i think eliot spitzer will be the loser. as for the other, he will continue to wind and you won't go anywhere either. he will never be the mayor of new york city. charles: if they do when is this one of these instances were use a pox on the voter? in other words, you just sort of reference to it. union leaders get their power or take power from the masses. is that the same insincere? i mean, could we see where they're just so involved with the celebrity candidates that they forgive and forget? >> you have to remember, they're running in a venue that is as liberal as it gets in america. that venue, give them my scream and tell them to vote for you and i will. all it takes a little ice cream cone.

charles: next time you run, get a whole lot of ice cream. give loquitur battles. it seems like the more movies cost less than make. the latest flop that could mean an end to costly summer blockbusters altogethe ♪ ♪ if you have high cholesterol, here's some informaon that may be worth looking into. in a clinical trial versus lipitor, crestor got more high-risk patients' bad cholesterol to a goal of under 100. getting to goal is important, especially if you have high cholesterol plus any of these risk factors because you could be at increased risk for plaque buildup in your arteries over me. and that's why when diet and exercise alone aren't enough to lower cholesterol i prescribe crestor. [ female announr ] crestor is not right for everyone. like people with liver disease or women who are nursing, pregnant or may become pregnant. tell your doctor about other medicines you're taking.

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♪ charles: another blockbuster busted. blackberry still singing the blues. whether bursting big sodas bubble. th is all in tonight's business let's. first up, let's face it. it is hot. the seven companies are blaming cool and wet weather for a lack of sales in the second quarter to be legitimate concern or is this a convene exce? >> listen, with retail and consumer-products the weather is always a convenient excuse. much like the weather for the

heather have today. so listen, i'll tell you, here's the thing. the weather is bad and you limit. it's too good you limit. there are couple of things going on. a younger demographic is changing to save more water and energy based drinks and of the explosion is is not there because the economists are so weak teeseven did the carbonated space has been in troub in the long time. the whole carbonated route. >> most of the gains are from the non carbon division. you look back there were growing about 3%. regular soda, carbon products. ninety-nine is one thing started to slide. this led signiiicant, and that is overseeing now. people are just more healthy, conscious about the things that the consent. i don't think that the weather is everything. charles: we just don't have the products of the what. okay. talk about product people want,

a tip for hollywood. don't waste your money on these big budget blocked -- blockbusters aren't making money . pacific rim bringing in 38 billion over the weekend. the budget 190. is it worth it to stay away? >> and of bank hollywood will ever step away from these big budget films. you looked at the new brad pitt film, expected to do tremendous numbers and is falling way behind. sepals tend to do better. my kids want to see sequels. like the lone ranger. charles: what is hollywood keep it up? >> there are optimistic that the big budget things and the big shoot them of some they can actually make a difference in the actual bottom line. it's my understanng that a film is to gross three times what it costs them to make to really make a decent profit. charles: that means we have some really big flops.

190 million. is found that not have big hollywood names, although we have seen these names. maybe hollywood should start thinking more like wall street because i think the bottomine is everyone gets paid whether they are are not. >> the actors at least among but your point about wall street is a pretty good one because i think it's more seasonal and anything. you see a lot of these highrofile movies pushed before the fourth of july when the actual weather is bad, some people may be gutted the movies. man of steel, iron and three, those all did great because that was the sequel that everyone wanted to see. the lone ranger, i mean, who is that? what is the pacific rim? no iconic recognition. charles: who still not know. all rig. dry goods group tended acting helps. but more black and blue for blackberry. the price falling to $49 after

four months. saying the price is really completely normal, but the problems are far from just normal. >> there problem might be samsung in the future. i think this is kind of a new regime of the smart phone, the high-in smart phone market. that benefits nobody on the company's side andaybe the@ consumers because at the end of the day a lot of these phones can all do the same thing. they'll have the abundance of technology, and a lot of the kids like to switch them around. you don't see that brand loyalty charles: i have to tell you, they have got into an amazing position. they became lofty, comfortable, and stop innovating. two ceos in ages but it in neutral and that think they're paying the price for it. >> like it 2011, were you happy with the service? when you have a significant outage worldwide with your product service that is very

difficult to get people to come. iphone, samsung, doing a much better job attacking the people that want to buy the product. i was a dire blackberry user. i have blackberry servers in my company. all of my sales guys have it tied dumped them for the iphone, and i'm not going back. charles: would you pay more for an apple product and a blackberry product just for the curity? >> i personally would, but i also think many others would commend that is what is happening to pour blackberry. charles: you as a fantastic. we will talk to you again. too hot for work, and i'm not talking about the weather. this woman got fired because her boss the issue was irresistible. can you do that? we will debate it next. ♪ the boys used double miles from their capital one venture card

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♪ charles: it never happened to me, but can you get fired for looking too sexy? the irs says the -- now woman says she can and wise. i have done a lot to my so much so that he fired her. our fear, he sued clamming gender discrimination. but the iowa supreme court ruled to have ruled in favor of the doctor. legal counsel, attorney rebecca will bros woodland said that she should have never been fed, but the dentist had every right to let her go. i want to start with you. you know, it just seems preposterous that this could happen. why hire the woman in the first place if he thought that she was too irresistible? >> you know, i tend to disagree. i don't think he knew he would be attraed to her. i understand he has all female

employees, and that think he should have the right to employ who once. i think the supreme court got it right. i understand you're saying if you think she saw why bring iran, but this is at 10-year relationship,. he realized he wanted a stray outside of his marriage cannot talk to his wife and his pastor and everyone saidd fire. the supreme court said go ahead, it's your business, and this is based on feelings and you could have the same feelings for a man, monday, puppy. charles: in a way i thought maybe is this some sort of victory for bosses, but maybe wives. >> i don't know what is a victory for. it's a complete outrage. the iowa supreme court, and of public that this woman brings the case and the federal court system so that impossibly get to the state. charles: aware argument the? >> gender discrimination. she was fired because she was a female. he did not fire because he had feelgs. he fired her because the feelings were based in her being

a female. charles: a special relationship over ten years that he felt he could no longer be professional. he got to that point. >> in the knees together therapy. the supreme court has issued numerous decisions based on the 14th amendment to the constitution which is anti bias, no gender discrimination. >> this gender based. >> it is. >> is not. the preferential treatment. now that she was treated in less favorable fashion should not like it. when she was getting parks she did not mind. when she was treated better than every other woman in the office, no problem. suddenly he realized he was out of control and shows his marriage and his business over an affair, she lost and now she sank a much weight to my my girl. that has nothing to do with it. >> she was fired.

she did lose. she was fired. >> she lost her job. she lost her job. the supreme court said she didn't have the right to have the job. >> is not the united states supreme court. >> is still a real court. she lost. >> the united states supreme court and all the loss of nothing to do with feelings. has to do it, if you are -- claim that they had feelings of the person rather than -- >> people fire people they hate all the time. they fire people they don't like, smelly people that there not attracted to. arles: let me ask you, was there any evidence that they had a sexual relationship or was it just mutual attraction? >> not even mutual attraction. >> she plans now there were not mutually attracted. some of them she answered. she never met a plan for such

torres meant to reach a never said she felt uncomfortable. she said the only reason she kept working there over this time from was. charles: if she did file a sexual russ smith, that sort of case u.s. had a pretty good case >> a much better case when he's making comments about her sex life and likening her to our car that is not being driven. she would have had a strong case, but she did not perceive a threat, think she was singled out in the wake. >> i was treated difrently because i'm a girl, and that's not fair parts chickens are a sexual-harassment case in federal court. she can. this is a state action. charles: let rebecca ain. you are saying our options are still open. >> looking at the statute. she has a right to file a claim for sexual discrimination in the federal system. charles: you find this preposterous not only as an attorney but a woman. >> of course. the web find a preposterous that it was a racial issue.

that didn't like the person that really the reality was it's a race issue, a female issue. charles: really quick, do you think that this was something of the fee bill for women in general? >> no. that i think it's bad for women in general. it's a victory for women and business owners the you can hire her you want, you work with but don't jeopardize your personal life and your professional life. it's a victory across the board. charles: some eople say if the loss makes a vances' and u-turn and down we can fiery. he has a fantastic. that's why kneele was having you want. coming up, president obama's coming up, president obama's plan all along becau there is a pursuit we all share. a better life for your family, a better opportunity for your business, a better legacy to leave the world. we have always believed in this pursuit, striving to bring insight to every investment,

and integrity to every plan. we are morgan stanley. and we're ready to work for u. [ whirring ] [ dog barks ] i want to treat mo dogs. ♪ our business needs more cases. [ male announcer ] where do you want to take your business? i need help selling art. [ male announcer ] from broadband to web hosting to mobile apps, small business solutions from at&t have the security you need to get you there. call us. we can show you w at&t solutions can help you do what you do... even bter. ♪

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government run health care exchanges, and that was the plan all along. back with brad. you think that the white house was this brilliant that they plotted this thing so well to have this many dysfunctions that this is what they wanted the whole time? >> is no question about it. the president had a preamble to the path of obamacare worries id that t law would have to be changed numerous times. as of this is a two-pronged approach. politics get as passed the 2014 election and economics, get more young people driven to the exchange because the more people they have paying in him, younger people who don't need health care but can pay for the other subs the government exchange. i have to agree that this is a little machiavellian on the part of the white house. the question is, while the people by? charles: is giving your guy complement. this is a very complicated way to get everyone on a single player.

>> you know, part of me wishes it were true that there were that cler. i mean, i think of that this is a good thing for small business. manuel more time. dahlia tas small number of companies, 95 percent of companies with 50 or more employees. charles: along. would you admit that the ultimate dream of the left is to have a single payer program. >> that is not the ultimate dream of obamacare, and it is not deal to enter a president obama. president obama has been pretty clear that this is his plan, this is the legislation that was passed by congress and what we will go with. charles: i know where the president talk about it being this ultimate wish. now have they been this brilliant to put it together in a way where it would fall apart and just by -- fall right in -- >> they are socially rather gleefuu that is since to be

happening this way. here's the other thing. a lot of people who were going to be get back and after work less hours to stay out of the 30 hour week threshold where the employer mandate would kick in and no good to have full-time jobs, make some money. thus the broadside. there will have to get rid of the individual mandate, delay it as well. as the only way to make this even. so the individuals don't have to -- aren't forced emanuel find out that maybe people don't like this idea. charles: so far we found out that no one hardly likes it. the worst the ratings have been. is that the next up? get rid of the individual penalties? >> not by the obama administration. in the individual mandate to carry them through this time are they have given a reprieve to the businesses with 50 or more, so this is not in their interest to have less than people driven to their exchanges. it is their modus operandi to get more people, young people prefer but to pay and.

people who supported this guy the most are hurting the most, where unemployment or health care. charles: to that point, it feels like it is anoth these deaths. this whole thing is in disarray. if you need a subsidy, you don't have to prove your work, show anything pretty shop and say, i need a subsidy and the start cutting you a check. is in this another way to lure people in? >> let's remember that these exchanges that we're talking about are not a single payer program. they are a way for the government to administer an insurance plan. it is not universal health care. charles: california, and dropped out, united health dropped out. feels like ultimately they will be single payer. if the insurance companies caot make money sooner than they will walk away from the. >> ultimately it may morph into

something, but not -- this is not a single payer plan. the exchanges are not a move toward a single payer plan, and every much doubt that the administration planned this as a way to conspire to bring about something which the legistion does not call for. >> that may not have planned it, but they wished it. their wishes come true. this is exactlyly what they wan. >> their wish for what? >> m1 as much dependency on -- as they can't. >> and control. absolutely. >> i don't know. >> i don't know if they ever thought that this could come true, but -- >> they are. here is the thing. how do we pay for all of this? i know that we are counting on a certain amount of money to come from the employer penalties, eight to $10 billion. where do we get the money from this tank which every time i see a new estimate on it is substantially higher.

>> well, my belief is that president obama believes he inherited a bad deal with the economic condition that our country was in and will hand off a terrible situation to the next president. and the fact of the matter is, chars, is look at what the government is supposed to provide health care, whether medicare medicaid. we did not fix the programs, but we created all new program, and it is economically and sustainable. the president wants to get us started, get enough of it implemented, and then turn it over to the next guy and say good luck. charles: really quick this goes back in myind to fdr. then needful want. and in other words, people born in this country should not have to care or what about food, housing, clothing, shelter, and insurance. all of that stuff should be guaranteed as a birthright no matter how much it cost. do you believe that? >> that is with this plan is

part of. >> do i believe that that should be a guarantee for everyone? at think that is a much bigger question. charles: by the way, you were is the future permanently grounded? mary shy after so i, peter gould, two giants in the industry join us with answers. jk rule something one of most successful authors. who made money today. the sound of money rolling in has never been clearer to these guys. stay tuned to find out who it is. when they say it is not, it is alys about money.