after close we hear from paychex which is my gauge for small business hiring. companies paying 4% courtesy of the dividend but the yield is the larger pay off versus the capital appreciation scheme given that small businesses are scared to hire. here's something interesting. you get a strike down of obama care it may be a chance to pick up some paychex. hiring could blossom if the law is struck down. you heard me. the health care law is a job killer. thursday, wow. it's a battleground day. one of the most exciting days in a while. we are putting a number of stocks caught in the cross hairs. first is nike which failed to hold the key $100 level. we have analysts saying this is the opportunity for a high quality growth stock at a discount ahead of the olympics. we have others who think the stock is a screaming short. speaking of screaming shorts, research in motion, rimm reports. i suspect a quarter of the blackberry maker will be miserable but i read my first positive article about the company in months by anton wallman. no one has been able to duplicate the rim

i think therefore you are not going to get anything better from auto data that you got from paychex. stay on the sidelines. nothing to write home about. eduardo in texas. eduardo. >> caller: yes, jim. good afternoon. this is eduardo in texas. my question is prudential, pru. after the quarter today do you think it's a sell, sell, sell? >> i think prudential had a bad last quarter. i'm mystified by it. my charitable trust blew out of it before the quarter. once it came down you look again. no, $46 doesn't tempt me one single bit. steve in pennsylvania, please. steve. >> caller: boo-yah, jim. >> boo-yah, steve. what's up? >> caller: i'd like to say that i like watching you in the morning. >> thank you. >> caller: i watch you every night. >> you're terrific. thank you very much. thank you. >> caller: okay. i'm having a hard time with one of yours and my favorite stock. cmg, chipotle. i know with consumer sentiment and discretionary spending numbers coming in really low i'm just -- i just don't understand how we lost $25 yesterday and $25 today. >> it's a good point. the stock is still up

earnings front, look for results from general mills, lennar, mccormick, monsanto and paychex.s how u.s. futures are pointed so far this morning. i believe we're still in the grown. hanging onto it. a couple point higher, though. no major moves across the indexes. we'll see if that changes again. take fair value into account, that pushes them into the green. dow up by 13 points, a couple points for the nasdaq and s&p. randy warren, cio at warren financial service is still with us. what is going to drive the trading day in the u.s. this morning? durable goods, housing? >> well, certainly those numbers are important. all the economics are -- numbers that come out are important. you know, typically five minutes or 30 minutes after the number comes out, it's already forgotten. probably what's going to drive the day is what's happening in europe. you know, om of the earnings that are just now starting to come out will become much more important as a couple weeks go on, the second week of you'll. those earning numbers will become very important to the markets. maybe the united states

>> caller: i'm curious about paychex. payx. it's held up well in inn spite of the economy. small businesses are heavy users of paychecks. insecure about growing regulation. i'm curious, jim, is the price totally tied to employment reports and can it maintain its earnings to support the current dividend? >> this is a great question. marty has been on the show many times. here's the problem. this is really important because this is bad. this stock is being supported by its yield. it's got a 4.3% yield. it's not being supported by its earnings, which are not growing. i think the earnings are enough to pay the dividend, which therefore makes it into basically a fixed income security, but i think you should be awarded with a higher yield. let's go to mick in pennsylvania, please. mick? >> caller: hey, jim, how you doing today? >> rough mick, to be honest. not a great day. how about you? >> caller: i'm watching the same channel as you're watching. i had a quick question for you about costco. consumers have been shifting from regular retail to wholesale shopping tomorrow. three ma

because there's so much regulatory concern that the clients come to an expert like paychex.uld help. >> martin, we'll leave the conversation there. thank you very much for joining us this morning. >> good to be with you. >> when we come back we'll invite brian to join us in the chairs and stories that will have us looking twice. then coming up, he was one of the driving force behind president obama's health care overhaul. what does e.z.e. ki-- ezekiel emanuel expect to hear? the 2012 e-class bluetec from mercedes-benz. see your authorized mercedes-benz dealer for exceptional offers through mercedes-benz financial services. for exceptional offers this is new york state. we built the first railway, the first trade route to the west, the greatest empires. then, some said, we lost our edge. well today, there's a new new york state. one that's working to attract businesses and create jobs. a place where innovation meets determination... and businesses lead the world. the new new york works for business. find out how it can work for yours at thenewny.com. mom, we need to go the ho

. >> barclays downgrades paychex? >> this is not a good way to go.ocks keep getting downgraded. >> mgm reports, a buy at deutsche? >> shocking this one is a ten. but this is a gasoline play. people can drive from l.a. to invitation. >> for more on those names, sots.cnbc.com. you mention that had 4% dividend yield, a big theme for you on friday night about hitting this floor. it's hard to break through it. >> it is difficult because, again, the return is so great. and if you have a gridlock congress, perhaps they're not going to get rid of the favorable treatment for dividends. no one wants to get rid of the capital gains favor. i prefer dividends because it's a great way to be able to accumulate wealth for our people at home. >> revised gdp this week. new home sales, confidence, income and spending, is that going to -- are we going to drive the bus, do you think, more or less. >> i hope not. our manufacturing has clearly slowed down. i call your attention to kirby, chicago pmi, negative. >> philly. >> yes, philly. the manufacturing has stalled in thi