FTC study taking aim at online marketing of booze and kids

LOS ANGELES (Reuters) – The Federal Trade Commission (FTC) plans this summer to recommend ways that the alcoholic beverage industry can better protect underage viewers from seeing its advertisements online.

Distillers, brewers and wineries pour millions of dollars into brand promotion on Twitter, Facebook and other social media, and industry critics contend they are not doing enough to prevent young consumers from receiving these messages.

“We’re doing a deep dive on how they’re using the Internet and social media,” said Janet Evans, a lawyer with the FTC, which is conducting a year-long study due to be released by early summer. “We’re focusing on underage exposure.”

She would not elaborate on any potential recommendations that might come out of the study, which began in April 2012.

The FTC is reviewing data from 14 big producers, Evans said, including Beam Inc, the maker of Jim Beam, Diageo Plc, home to Johnnie Walker, and Constellation Brands Inc, which makes Robert Mondavi and Ravenswood wines.

The FTC report “is something we take seriously and place at high priority,” said Karena Breslin, director for digital marketing at Constellation.

The FTC has made two requests for information since the study began, she said.

The regulatory agency has not said it intends to impose restrictions on liquor company social media advertising but it can make recommendations to the industry.

The FTC is empowered to file suit to ensure consumers are protected from deceptive marketing practices, Evans said, but she stressed that studies of this nature are meant to promote better self-regulation, not provide a basis for a case.

Executives say alcohol makers and distributors voluntarily adhere to the same industry-set standard for marketing to underage viewers on social media sites that the industry set for its ads on TV and other medium. That requires that at least 71.6 percent of an audience consists of adults 21 and older.

“No one in their right mind would want to advertise to people who can’t legally buy their product,” said Frank Coleman, senior vice president for Distilled Spirits Council of the United States (DISCUS), the trade group that sets the industry’s advertising codes.

In June 2011, DISCUS revised its code upwards to 71.6 percent from 70 percent, after the FTC recommended it review the standard to better reflect U.S. Census population data.

Industry critics, including David Jernigen, director of the Center on Alcohol Marketing and Youth at Johns Hopkins University, and Sarah Mart, research director of the advocacy group Alcohol Justice, contend the industry didn’t go far enough and should raise the standard further.

Jernigen says it needs to be at least 85 percent to effectively protect youth, so there would be no more than 15 percent exposure to the underage drinking population.

“The industry says its self-regulating but it’s ineffective and social media opens up a whole new set of problems because their ads are everywhere,” said Sarah Mart, research director for the San Rafael, Calif.-based group Alcohol Justice.

The industry group’s Coleman said the group now requires members to install age-checking tools via instant-messaging as a gateway to Twitter feeds and other branded Web platforms that ask the user for a birth date before admitting them.

In the first nine months of 2012, beer, wine and spirits manufacturers’ spent an estimated $ 35 million for paid Web display advertising, but industry executives estimate many millions more were spent on Web site creation, video production for platforms like Google’s YouTube and social media marketing efforts.

“We’ve significantly adjusted more money to digital for online video, Web sites, Facebook and Twitter content,” said Kevin George, global chief marketing officer for Jim Beam, which he says spends 30 percent of its media spend for online outlets, up from 10 percent in 2008.

Many companies are expanding their digital staff. Wine maker Constellation hired Breslin three years ago to initiate digital marketing and now has a team of five reporting to her.

Many alcoholic beverage companies flocked to Facebook because it requires users to post their birth dates when signing up. Last year Twitter partnered with Buddy Media to offer a more effective screening tool that sends a direct message to fans who click on a brand. The message sends the fan a link to a site that asks for date of birth, which has allowed Twitter to grab some more of the sector marketing. Salesforce.com bought Buddy Media last June, which is now folding the platform into its marketing cloud portfolio.

Health advocates and industry critics are crying foul. “Facebook and other interactive platforms are poorly monitored and not well age protected,” said Jernigen of Johns Hopkins University. “Anyone can say they’re 21 and click yes.”

(Reporting By Susan Zeidler; Editing by Ron Grover and Alden Bentley)

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PEOPLE's Music Critic: Why We're Upset About Beyoncé's Lip-Synching Drama

By Chuck Arnold

01/22/2013 at 08:40 PM EST

Did she lip-synch or didn't she?

That's the question surrounding Beyoncé after reports surfaced that she didn't sing "The Star-Spangled Banner" live at yesterday's presidential inauguration.

A spokesperson for the U.S. Marine Band, which backed the pop diva at the ceremony, said Tuesday that Mrs. Jay-Z decided to use a previously recorded vocal track before delivering the national anthem, but later on another spokesperson, this one for the Pentagon, said there was no way of knowing whether the 16-time Grammy winner was guilty of lip-synching or not.

Should it matter? Let's remember that Whitney Houston, in what is widely considered one of the best renditions of "The Star-Spangled Banner" of all time, didn't sing it live either at the 1991 Super Bowl.

There are all sorts of technical reasons why it can be challenging to perform a song as difficult as this on such a large scale, and there are many extenuating circumstances that could have played a role in any decision to lip-synch. Certainly no one is questioning whether Beyoncé – who, in removing her earpiece midway through, may have been experiencing audio problems – has the chops to sing it.

Lip-synching – or at least singing over pre-recorded vocal tracks – has long been acceptable for dance-driven artists like Madonna, Janet Jackson and Britney Spears, whose emphasis on intense, intricate choreography makes it hard to execute the moves fans have come to expect while also singing live. Huffing and puffing into the microphone or barely projecting for the sake of keeping it real just isn't gonna cut it. Of course, there have been other instances – such as Ashlee Simpson's 2004 Saturday Night Live debacle – where faking it crossed the line.

Surely there wouldn't be the same controversy about Beyoncé had she been hoofing across the stage performing "Single Ladies (Put a Ring on It)" on one of her tour stops. But this was the presidential inauguration, the national anthem, and there was no choreography involved.

Some things have to remain sacred, and for "the land of the free and the home of the brave," this was one of them.

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Flu season fuels debate over paid sick time laws

NEW YORK (AP) — Sniffling, groggy and afraid she had caught the flu, Diana Zavala dragged herself in to work anyway for a day she felt she couldn't afford to miss.

A school speech therapist who works as an independent contractor, she doesn't have paid sick days. So the mother of two reported to work and hoped for the best — and was aching, shivering and coughing by the end of the day. She stayed home the next day, then loaded up on medicine and returned to work.

"It's a balancing act" between physical health and financial well-being, she said.

An unusually early and vigorous flu season is drawing attention to a cause that has scored victories but also hit roadblocks in recent years: mandatory paid sick leave for a third of civilian workers — more than 40 million people — who don't have it.

Supporters and opponents are particularly watching New York City, where lawmakers are weighing a sick leave proposal amid a competitive mayoral race.

Pointing to a flu outbreak that the governor has called a public health emergency, dozens of doctors, nurses, lawmakers and activists — some in surgical masks — rallied Friday on the City Hall steps to call for passage of the measure, which has awaited a City Council vote for nearly three years. Two likely mayoral contenders have also pressed the point.

The flu spike is making people more aware of the argument for sick pay, said Ellen Bravo, executive director of Family Values at Work, which promotes paid sick time initiatives around the country. "There's people who say, 'OK, I get it — you don't want your server coughing on your food,'" she said.

Advocates have cast paid sick time as both a workforce issue akin to parental leave and "living wage" laws, and a public health priority.

But to some business owners, paid sick leave is an impractical and unfair burden for small operations. Critics also say the timing is bad, given the choppy economy and the hardships inflicted by Superstorm Sandy.

Michael Sinensky, an owner of seven bars and restaurants around the city, was against the sick time proposal before Sandy. And after the storm shut down four of his restaurants for days or weeks, costing hundreds of thousands of dollars that his insurers have yet to pay, "we're in survival mode."

"We're at the point, right now, where we cannot afford additional social initiatives," said Sinensky, whose roughly 500 employees switch shifts if they can't work, an arrangement that some restaurateurs say benefits workers because paid sick time wouldn't include tips.

Employees without sick days are more likely to go to work with a contagious illness, send an ill child to school or day care and use hospital emergency rooms for care, according to a 2010 survey by the University of Chicago's National Opinion Research Center. A 2011 study in the American Journal of Public Health estimated that a lack of sick time helped spread 5 million cases of flu-like illness during the 2009 swine flu outbreak.

To be sure, many employees entitled to sick time go to work ill anyway, out of dedication or at least a desire to project it. But the work-through-it ethic is shifting somewhat amid growing awareness about spreading sickness.

"Right now, where companies' incentives lie is butting right up against this concern over people coming into the workplace, infecting others and bringing productivity of a whole company down," said John A. Challenger, CEO of employer consulting firm Challenger, Gray & Christmas.

Paid sick day requirements are often popular in polls, but only four places have them: San Francisco, Seattle, Washington, D.C., and the state of Connecticut. The specific provisions vary.

Milwaukee voters approved a sick time requirement in 2008, but the state Legislature passed a law blocking it. Philadelphia's mayor vetoed a sick leave measure in 2011; lawmakers have since instituted a sick time requirement for businesses with city contracts. Voters rejected a paid sick day measure in Denver in 2011.

In New York, City Councilwoman Gale Brewer's proposal would require up to five paid sick days a year at businesses with at least five employees. It wouldn't include independent contractors, such as Zavala, who supports the idea nonetheless.

The idea boasts such supporters as feminist Gloria Steinem and "Sex and the City" actress Cynthia Nixon, as well as a majority of City Council members and a coalition of unions, women's groups and public health advocates. But it also faces influential opponents, including business groups, Mayor Michael Bloomberg and City Council Speaker Christine Quinn, who has virtually complete control over what matters come to a vote.

Quinn, who is expected to run for mayor, said she considers paid sick leave a worthy goal but doesn't think it would be wise to implement it in a sluggish economy. Two of her likely opponents, Public Advocate Bill de Blasio and Comptroller John Liu, have reiterated calls for paid sick leave in light of the flu season.

While the debate plays out, Emilio Palaguachi is recovering from the flu and looking for a job. The father of four was abruptly fired without explanation earlier this month from his job at a deli after taking a day off to go to a doctor, he said. His former employer couldn't be reached by telephone.

"I needed work," Palaguachi said after Friday's City Hall rally, but "I needed to see the doctor because I'm sick."

___

Associated Press writer Susan Haigh in Hartford, Conn., contributed to this report.

___

Follow Jennifer Peltz at http://twitter.com/jennpeltz

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Insight: Boeing 787 battery woes put FAA approval under scrutiny

SEATTLE/TOKYO (Reuters) - In 2007, U.S. regulators cleared Boeing's use of a highly flammable battery in the 787 Dreamliner, deciding it was safe to let the lithium-ion battery burn out if it caught fire mid-air as long as the flames were contained, and smoke and fumes vented properly, according to documents reviewed by Reuters.

Fire risk on planes has always been a major concern, especially given the amount of fuel they carry and the heat generated by jet engines. U.S. aviation standards require planes to have numerous on-board fire suppression systems.

But through a review of government documents and interviews with aviation and battery experts, Reuters found that the U.S. Federal Aviation Administration granted the Dreamliner special conditions and said its contain-and-vent system was sufficient to control the build-up of explosive or toxic gases, except in situations considered "extremely remote."

The FAA's 2007 decision is now coming under scrutiny after the lithium-ion batteries in two 787 planes failed within days of each other, sparking a fire in one case in Boston, and generating warnings and an acrid smell that prompted the pilots of the second plane to make an emergency landing in Japan.

A key U.S. Senate committee plans to hold a hearing in the coming weeks to examine aviation safety oversight and the FAA's certification of the 787, an aide to the Senate Commerce, Science and Transportation Committee told Reuters on Tuesday.

The FAA has grounded the Dreamliner in the U.S. pending an investigation, and other aviation regulators around the world immediately followed, stopping use of all 50 planes in service, each of which can carry about 250 passengers.

The National Transportation Safety Board is conducting the U.S. probe, with help from Boeing, the battery maker, GS Yuasa Corp of Japan, and the FAA.

The review has broad implications for other aircraft makers, including EADS unit Airbus, which also had to meet special conditions set by the FAA to use lithium-ion batteries on the A380 - a superjumbo jet that carries about 550 passengers.

A spokesperson for the FAA defended the 2007 approval, saying, "the whole aviation system is designed so that if a worst case happens, there are systems in place to prevent that from interfering with other systems on the plane."

Boeing said the 787's battery system has four layers of protection to prevent the battery from overcharging, making a fire extremely unlikely. The company said it was confident the battery could safely burn out in air because of a robust system for containing a fire and venting smoke and fumes.

The batteries were chosen "after a careful review of available alternatives because they best met the performance and design objectives of the 787," Boeing spokesman Marc Birtel said. "Based on everything we know at this point, we have not changed our evaluation."

The cause of the two 787 battery failures is not yet known and investigators are still determining how the contain-and-vent systems performed. But the incidents have revived a decades-old debate on the safety of lithium-ion batteries and raised questions over whether the FAA should have consented to their use in the 787.

Congressman Rick Larsen, who was named ranking member of the House Aviation Subcommittee on Tuesday, said it was appropriate for the FAA to impose special conditions for the 787, the world's first carbon composite aircraft, but a review of the approval "may be something we could look at in light of the current problems."

The FAA spokesperson said the agency may add new requirements for the batteries upon completion of the NTSB probe, but declined to elaborate.

Depending on the outcome of the review, Boeing could face steep costs, ranging from compensating airlines for lost use of planes to a possible major redesign and re-certification of the battery or electrical system, industry experts say.

WIDELY USED TECHNOLOGY

Lithium-ion batteries are lightweight, recharge quickly and can hold more power than conventional cells. But they have a history of safety concerns, leading some battery experts to question their use in any consumer product.

In the FAA's 2007 review, it said lithium-ion batteries were "significantly more susceptible" to fires than other types and added that those fires are tough to put out.

"Metallic lithium can ignite, resulting in a self-sustaining fire or explosion," the FAA said in granting approval.

FAA rules do not cover lithium batteries, so the agency in 2007 set nine "special conditions" Boeing had to meet to ensure their safety. A year earlier, the FAA had set similar conditions for Airbus. Special conditions are commonly used to cover new technology for which rules have not yet been written.

In both cases, the Air Line Pilots Association International, the world's largest pilot union, said airplane fire is so dangerous that the FAA should require cabin crew to have fire extinguishers and training to put out a lithium-ion battery fire. "A fire from these devices, in any situation, is unacceptable," the union said, during the 787 approval process.

The FAA said it chose not to require special fire extinguishers and training because of the four redundant systems already in the Boeing system to prevent the battery from catching fire.

The ALPA said on Tuesday it is monitoring the investigation into the 787 battery incidents, but declined to comment while the probe is going on.

"It goes back to why this was approved in the first place," said Hidetake Sakuma, an aviation safety consultant and a former safety manager at Japan Airlines Co Ltd.

"Of course there were people asking whether this was really safe, but they (the FAA) approved it and the Japanese airlines never questioned it."

Japanese airlines operate nearly half of the 787s in service.

ODD SMELL

Passengers on the Japan flight reported an odor like burning plastic soon after takeoff. All Nippon Airways Co Ltd Vice President Osamu Shinobe said in addition to a battery alert in the cockpit, "there was an odd smell detected in the cockpit and cabin."

The NTSB declined to comment, citing the ongoing probe. The Japan Transportation Safety Board, which is leading that investigation, and the NTSB so far describe it as a "battery incident," not a fire.

A photograph of the battery retrieved from the flight showed a blackened, melted interior with fused wires, a deformed lid and scorched casing.

A GS Yuasa spokesman said the company is cooperating with the investigation, but declined to comment on the details.

Boeing has not commented specifically on the battery failure in this incident. In the case of the Boston plane, Boeing said smoke got into the cabin because the 787 was on the ground without cabin pressure to redirect airflow.

Some experts cautioned against a rush to judgment about lithium-ion battery technology, saying the key was to understand failure rates and design a safe system.

"Everyone knew these dangers, but after it was designed, there were multiple tests and that's why it's in the final plane," said Yoshitomo Aoki, a Japanese aviation commentator. "It wouldn't have been approved if it wasn't safe."

Airbus plans to use lithium-ion batteries in its forthcoming A350 jet, its answer to the 787. That plane will use a different architecture that puts less stress on batteries, while expelling unwanted gases safely, Airbus says.

On Sunday, the NTSB widened its probe to include the Tucson, Arizona-based company that makes the charger for the batteries, Securaplane Technologies, a unit of Britain's Meggitt Plc. Securaplane said it is cooperating with the investigation.

"In no way would a fire like this lead me to say you should never have a lithium-ion battery on an airplane. That's just the wrong way to go," said Daniel Doughty, who helped write testing standards for electrical cars and worked on battery technology during 27 years at Sandia National Laboratory, a federally funded research center owned by Lockheed Martin Corp.

But Doughty and others said the FAA's earlier decisions deserved scrutiny.

"It's fair to ask about the approval process," Doughty said. "There needs to be some explanation and defense of whatever they did."

(Reporting by Alwyn Scott in SEATTLE and Mari Saito in TOKYO; Additional reporting by Tim Kelly, Maki Shiraki and Kentaro Sugiyama in TOKYO, Antoni Slodkowski in TAKAMATSU, Yoshiyuki Osada in OSAKA, Andrea Shalal-Esa in WASHINGTON, Bill Rigby in SEATTLE, Tim Hepher in PARIS, Peter Henderson in SAN FRANCISCO and Bernie Woodall and Deepa Seetharaman in DETROIT; Editing by Edward Tobin, Tiffany Wu and Andre Grenon)

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Israel goes to polls, set to re-elect Netanyahu

JERUSALEM (Reuters) - Israelis voted on Tuesday in an election widely expected to win Prime Minister Benjamin Netanyahu a third term in office, pushing the Jewish State further to the right, away from peace with Palestinians and towards a showdown with Iran.

Netanyahu has vowed to pursue the settlement of lands seized during the 1967 Middle East war if he stays in power, a policy that would put him at odds with his international partners and worsen already tense ties with U.S. President Barack Obama.

Polls predict Netanyahu's Likud party, which has forged an electoral pact with the ultra-nationalist Yisrael Beitenu group, will take the most seats in the parliamentary election, albeit considerably fewer than they had originally hoped.

"We want Israel to succeed, we vote Likud-Beitenu ... The bigger it is, the more Israel will succeed," Netanyahu said after casting his ballot alongside his wife and two sons.

Some 5.66 million Israelis are eligible to vote, with polling stations staying open until 10 p.m. Full results are due by Wednesday morning, opening the way for coalition talks that could take several weeks to wrap up.

No Israeli party has ever secured an absolute majority, meaning that Netanyahu, who says that dealing with Iran's nuclear ambitions is his top priority, will have to bring various allies onboard to control the 120-seat Knesset.

The former commando has traditionally looked to religious, conservative parties for backing and is widely expected to reach out to the surprise star of the campaign, self-made millionaire Naftali Bennett who heads the far-right Jewish Home party.

Bennett's youthful dynamism has struck a chord amongst Israelis, most of whom no longer believe in the possibility of a Palestinian peace deal, and has eroded Netanyahu's support base.

Surveys suggest he may take up to 14 seats, many at the expense of Likud-Beitenu, which was projected to win 32 in the last round of opinion polls published on Friday -- 10 less than the two parties won in 2009 when they ran separate lists.

Such a result might embarrass Netanyahu, but would still leave him in pole position to form the next government. Acknowledging the threat, Netanyahu's son Yair urged young Israelis not to abandon the old, established Likud.

"Even if there more trendy parties, there is one party that has a proven record," he said on Tuesday after voting.

Portraying himself as a natural partner for the prime minister, Bennett has alarmed those who want to see an independent Palestinian state created alongside Israel, by calling for the annexation of chunks of the occupied West Bank.

"I pray to God to give me the power to unite all of Israel and to restore Israel's Jewish soul," Bennett said on Monday at a final campaign appearance before Jerusalem's Western Wall.

However, some political analysts have speculated that Netanyahu might seek to project a more moderate image for Israel on the world stage and look to share power with centrist parties, such as Yesh Atid (There is a Future) - a newly formed group led by former TV host Yair Lapid.

ARAB UPRISING

Israel's main opposition party, Labour, which is seen capturing up to 17 seats, has already ruled out a repeat of 2009, when it initially entered Netanyahu's cabinet, promising to promote peace negotiations with the Palestinians.

U.S.-brokered talks collapsed just a month after they started in 2010 following a row over settlement building, and have laid in ruins ever since. Netanyahu blamed the Palestinians for the failure and says his door remains open to discussions.

Palestinian President Mahmoud Abbas says he won't return to the table unless there is a halt to settlement construction.

That looks unlikely, with Netanyahu approving some 11,000 settler homes in December alone, causing further strains to his already notoriously difficult relations with U.S. President Barack Obama, who was sworn in for a second term on Monday.

Tuesday's vote is the first in Israel since Arab uprisings swept the region two years ago, reshaping the Middle East.

Netanyahu has said the turbulence - which has brought Islamist governments to power in several countries long ruled by secularist autocrats, including neighboring Egypt - shows the importance of strengthening national security.

If he wins on Tuesday, he will seek to put Iran back to the top of the global agenda. Netanyahu has said he will not let Tehran enrich enough uranium to make a single nuclear bomb - a threshold Israeli experts say could arrive as early as mid-2013.

Iran denies it is planning to build the bomb, and says Israel, widely believed to have the only nuclear arsenal in the Middle East, is the biggest threat to the region.

The issue has barely registered during the election campaign, with a poll in Haaretz newspaper on Friday saying 47 percent of Israelis thought social and economic issues were the most pressing concern, against just 10 percent who cited Iran.

One of the first problems to face the next government, which is unlikely to take power before the middle of next month at the earliest, is the stuttering economy.

Data last week showed the budget deficit rose to 4.2 percent of gross domestic product in 2012, double the original estimate, meaning spending cuts and tax hikes look certain.

(This story has been corrected to add dropped word in paragraph four)

(Additional reporting by Ori Lewis, Editing by Peter Graff)

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No sympathy for Armstrong on social media

LONDON (Reuters) – Lance Armstrong’s televised doping confession has done nothing to restore his shattered reputation, a study of responses posted to the Twitter social media site showed.

“What was particularly noticeable in our analysis of the Armstrong revelation was the sheer lack of sympathy out there,” said Charlie Dundas of sports market research company Repucom.

“The tone of the discussion around the Oprah Winfrey interview highlighted the level of disappointment and anger that exists. It’s clear the public are far from ready to forgive Lance Armstrong,” he added.

In the interview, Armstrong admitted to using performance-enhancing drugs on his way to his seven Tour de France titles. The Texan also said he hoped a lifetime ban would one day be lifted to allow him to compete in events like marathons.

The Armstrong interview generated 1.9 million Twitter posts between January 14-20, Repucom said. America accounted for more than a quarter of these, with Australia the second most active nation on the site.

(Writing by Keith Weir, editing by Mark Meadows)

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Vera Wang Reveals Details of Michelle Kwan's Wedding Dress

By Cynthia Wang

01/21/2013 at 07:00 PM EST

Michelle Kwan and Clay Pell

Courtesy of Caitlin Maloney

Although she was a singles figure skater throughout her successful career, Michelle Kwan did have one steadfast partner on the ice – fashion designer Vera Wang.

"I wore so many skating dresses designed by her, whole skating shows and everything," Kwan, 32, tells PEOPLE. "I have a long relationship with her."

And that made picking a wedding dress designer a fairly easy decision.

For Kwan's Rhode Island nuptials on Jan. 19 to Clay Pell, 31, Wang put plenty of consideration into her creation.

"She is marrying someone whose family has a political history, and Michelle is living and working in Washington, D.C.," the designer says. "[The dress] had to have a certain dignity and a certain classicism, and I think it was a lot about a new way of looking at tradition."

So Wang created an ivory, strapless mermaid gown for Kwan, made with layers of silk organza and featuring lace appliqué.

"The fact that it's got an inordinate amount of handwork in terms of lace is really a tribute to the art of hand-piecing lace," Wang says. "There is a princess-slash-queenly level of sophistication and quiet without sacrificing a lot of detail."

To complement the formal wedding gown, Kwan asked Wang what she thought of designing a second dress for the reception. "She said, 'Yeah, I got it,' " Kwan says. "She said, 'First dance, yes, and then you've got to change into something else.' "

Her history with the skater was not lost on Wang. "I'm really very honored and very thrilled that a, Michelle has found the love of her life and b, that I am the one to dress her for that special day just as I did for world championships, national championships, and Olympics," she said. "It's just the ongoing saga of our friendship."

For more on Kwan's wedding, including photos and details from the ceremony, pick up a copy of next week's PEOPLE, on newsstands Friday

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Flu season fuels debate over paid sick time laws

NEW YORK (AP) — Sniffling, groggy and afraid she had caught the flu, Diana Zavala dragged herself in to work anyway for a day she felt she couldn't afford to miss.

A school speech therapist who works as an independent contractor, she doesn't have paid sick days. So the mother of two reported to work and hoped for the best — and was aching, shivering and coughing by the end of the day. She stayed home the next day, then loaded up on medicine and returned to work.

"It's a balancing act" between physical health and financial well-being, she said.

An unusually early and vigorous flu season is drawing attention to a cause that has scored victories but also hit roadblocks in recent years: mandatory paid sick leave for a third of civilian workers — more than 40 million people — who don't have it.

Supporters and opponents are particularly watching New York City, where lawmakers are weighing a sick leave proposal amid a competitive mayoral race.

Pointing to a flu outbreak that the governor has called a public health emergency, dozens of doctors, nurses, lawmakers and activists — some in surgical masks — rallied Friday on the City Hall steps to call for passage of the measure, which has awaited a City Council vote for nearly three years. Two likely mayoral contenders have also pressed the point.

The flu spike is making people more aware of the argument for sick pay, said Ellen Bravo, executive director of Family Values at Work, which promotes paid sick time initiatives around the country. "There's people who say, 'OK, I get it — you don't want your server coughing on your food,'" she said.

Advocates have cast paid sick time as both a workforce issue akin to parental leave and "living wage" laws, and a public health priority.

But to some business owners, paid sick leave is an impractical and unfair burden for small operations. Critics also say the timing is bad, given the choppy economy and the hardships inflicted by Superstorm Sandy.

Michael Sinensky, an owner of seven bars and restaurants around the city, was against the sick time proposal before Sandy. And after the storm shut down four of his restaurants for days or weeks, costing hundreds of thousands of dollars that his insurers have yet to pay, "we're in survival mode."

"We're at the point, right now, where we cannot afford additional social initiatives," said Sinensky, whose roughly 500 employees switch shifts if they can't work, an arrangement that some restaurateurs say benefits workers because paid sick time wouldn't include tips.

Employees without sick days are more likely to go to work with a contagious illness, send an ill child to school or day care and use hospital emergency rooms for care, according to a 2010 survey by the University of Chicago's National Opinion Research Center. A 2011 study in the American Journal of Public Health estimated that a lack of sick time helped spread 5 million cases of flu-like illness during the 2009 swine flu outbreak.

To be sure, many employees entitled to sick time go to work ill anyway, out of dedication or at least a desire to project it. But the work-through-it ethic is shifting somewhat amid growing awareness about spreading sickness.

"Right now, where companies' incentives lie is butting right up against this concern over people coming into the workplace, infecting others and bringing productivity of a whole company down," said John A. Challenger, CEO of employer consulting firm Challenger, Gray & Christmas.

Paid sick day requirements are often popular in polls, but only four places have them: San Francisco, Seattle, Washington, D.C., and the state of Connecticut. The specific provisions vary.

Milwaukee voters approved a sick time requirement in 2008, but the state Legislature passed a law blocking it. Philadelphia's mayor vetoed a sick leave measure in 2011; lawmakers have since instituted a sick time requirement for businesses with city contracts. Voters rejected a paid sick day measure in Denver in 2011.

In New York, City Councilwoman Gale Brewer's proposal would require up to five paid sick days a year at businesses with at least five employees. It wouldn't include independent contractors, such as Zavala, who supports the idea nonetheless.

The idea boasts such supporters as feminist Gloria Steinem and "Sex and the City" actress Cynthia Nixon, as well as a majority of City Council members and a coalition of unions, women's groups and public health advocates. But it also faces influential opponents, including business groups, Mayor Michael Bloomberg and City Council Speaker Christine Quinn, who has virtually complete control over what matters come to a vote.

Quinn, who is expected to run for mayor, said she considers paid sick leave a worthy goal but doesn't think it would be wise to implement it in a sluggish economy. Two of her likely opponents, Public Advocate Bill de Blasio and Comptroller John Liu, have reiterated calls for paid sick leave in light of the flu season.

While the debate plays out, Emilio Palaguachi is recovering from the flu and looking for a job. The father of four was abruptly fired without explanation earlier this month from his job at a deli after taking a day off to go to a doctor, he said. His former employer couldn't be reached by telephone.

"I needed work," Palaguachi said after Friday's City Hall rally, but "I needed to see the doctor because I'm sick."

___

Associated Press writer Susan Haigh in Hartford, Conn., contributed to this report.

___

Follow Jennifer Peltz at http://twitter.com/jennpeltz

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Shares hit 20-month high as Japan promises open-ended easing

LONDON (Reuters) - World shares hit a new 20-month high on Tuesday after Japan's central bank promised to pump unlimited stimulus into the country's economy to fight the threat of deflation and generate growth.

The Bank of Japan, which has been under intense political pressure to overcome deflation, hiked its inflation target to 2 percent and said that from 2014 it would adopt an open-ended commitment to buy assets.

The move surprised markets, which had expected another incremental increase in its 101 trillion yen ($1.12 trillion) asset-buying and lending program, though the delay until the easing measures kick in dulled the impact and saw the yen edge higher against the dollar.

"From 2014 onwards it's positive ... (but) from now until then, they are not doing anything more aggressive to weaken the yen," said Roy Teo, an FX strategist for ABN Amro.

Equity markets, particularly in Japan, have risen strongly in the run up to Tuesday's meeting, and the confirmation of the plans was enough to lift the MSCI world index <.miwd00000pus> 0.15 percent to a fresh 20-month high of 352.54.

European shares, which have been testing two-year highs in recent days, saw a more subdued start as investors awaited a cue from U.S. corporate earnings figures later in the day.

London's FTSE 100 <.ftse>, Paris's CAC-40 <.fchi> and Frankfurt's DAX <.gdaxi> opened between flat and down 0.1 percent, leaving the FTSEurofirst 300 <.fteu3> down 0.1 percent.

Brent crude rose 0.3 percent to $112.07 a barrel, and gold was up 0.2 percent as the BOJ's latest easing action added to recent positive data from the United States and China, while growing confidence in the strength of China's economic recovery pushed London copper up 0.7 percent to $8,111.75 a metric ton.

General market sentiment was also supported by signs of a compromise to avert a U.S. fiscal crisis.

Republican leaders in the U.S. House of Representatives have scheduled a vote on Wednesday on a nearly four-month extension of U.S. borrowing capacity, aimed at avoiding a fight over the looming federal debt ceiling.

In the European bond market, Bund futures were steady as investors eyed a new 10-year Spanish bond and waited on the ZEW investor sentiment index due at 1000 GMT for the latest gauge on the health of the euro zone's largest economy, Germany.

(Reporting by Marc Jones; Editing by Will Waterman)

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Algeria hostage toll rises with report of Japanese deaths

ALGIERS, Algeria (Reuters) - The hostage death toll from a four-day siege at an Algerian gas plant deep in the Sahara has risen to almost 60, with at least nine Japanese nationals also reported killed in an attack claimed by a veteran Islamist fighter on behalf of al Qaeda.

Algerian Prime Minister Abdelmalek Sellal is expected to give details at a Monday news conference about one of the worst international hostage crises in decades, which left American, British, French, Japanese, Norwegian and Romanian workers dead or missing.

A security source said on Sunday Algerian troops had found the bodies of 25 hostages, raising the total number of hostages killed to 48 and the total number of deaths to at least 80. He said six militants were captured alive and troops were still searching for others.

That number climbed further on Monday when a Japanese government source said the Algerian government had informed Tokyo that nine Japanese had been killed, the biggest toll so far among foreigners at the plant.

One-eyed veteran Islamist fighter Mokhtar Belmokhtar claimed responsibility for the attack on behalf of al Qaeda.

"We in al Qaeda announce this blessed operation," he said in a video, according to Sahara Media, a regional website. He said about 40 attackers participated in the raid, roughly matching the government's figures for fighters killed and captured.

The fighters swooped out of the desert and seized the base on Wednesday, capturing a plant that produces 10 percent of Algeria's natural gas exports, and residential barracks nearby.

They demanded an end to French air strikes against Islamist fighters in neighboring Mali that had begun five days earlier. However, U.S. and European officials doubt such a complex raid could have been organized quickly enough to have been conceived as a direct response to the French military intervention.

The siege turned bloody on Thursday when the Algerian army opened fire saying fighters were trying to escape with their prisoners. Survivors said Algerian forces blasted several trucks in a convoy carrying both hostages and their captors.

Nearly 700 Algerian workers and more than 100 foreigners escaped, mainly on Thursday when the fighters were driven from the residential barracks. Some captors remained holed up in the industrial complex until Saturday when they were overrun.

The bloodshed has strained Algeria's relations with its Western allies, some of whom have complained about being left in the dark while the decision to storm the compound was being taken. Nevertheless, Britain and France both defended the Algerian military action.

"It's easy to say that this or that should have been done. The Algerian authorities took a decision and the toll is very high but I am a bit bothered ... when the impression is given that the Algerians are open to question," said French Foreign Minister Laurent Fabius. "They had to deal with terrorists."

British Prime Minister David Cameron said in a televised statement: "Of course people will ask questions about the Algerian response to these events, but I would just say that the responsibility for these deaths lies squarely with the terrorists who launched this vicious and cowardly attack.

"We should recognize all that the Algerians have done to work with us and to help and coordinate with us. I'd like to thank them for that. We should also recognize that the Algerians too have seen lives lost among their soldiers."

Algeria had given a preliminary death toll of 55 - 23 hostages and 32 militants - on Saturday and said it would rise as more bodies were found.

STAFF MISSING

The security source said that toll did not include the bodies of 25 hostages found on Sunday. The search was not over, and more could yet be found, he said.

Before Monday, the Japanese government and engineering firm JGC Corp, which had several dozen employees working at the plant, had said only that 10 Japanese were unaccounted for.

JGC is due to give an update regarding its staff in Algeria later on Monday.

Among other foreigners confirmed dead by their home countries were three Britons, one American and two Romanians. The missing include five Norwegians, three Britons and a British resident. The security source said at least one Frenchman was also among the dead.

Algeria is determined to press on with its energy industry. Oil Minister Youcef Yousfi visited the site and said physical damage was minor, state news service APS reported. The plant would start up again in two days, he said.

The Islamists' assault has tested Algeria's relations with the outside world and exposed the vulnerability of multinational oil operations in the Sahara.

Algeria, scarred by the civil war with Islamist insurgents in the 1990s which claimed 200,000 lives, insisted from the start of the crisis there would be no negotiation in the face of terrorism.

France especially needs close cooperation from Algeria to crush Islamist rebels in northern Mali.

(Additional reporting by Anton Slodkowski in Tokyo, Balazs Koranyi in Oslo, Estelle Shirbon and David Alexander in London, Brian Love in Paris and Daniel Flynn in Dakar; Writing by Peter Graff; Editing by Paul Tait and Nick Macfie)

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