DealBook: Thai Magnate's $11.2 Billion Bid Poised to Win Fraser & Neave

HONG KONG — After four months of fierce bidding between two Asian tycoons, a multibillion-dollar battle for control of Fraser & Neave appears to have reached its end.

A bidding deadline on Monday evening set by Singapore’s takeover regulator came and went, meaning the victor will probably be TCC Assets, which is controlled by Charoen Sirivadhanabhakdi of Thailand. TCC Assets raised its offer on Friday to 9.55 Singapore dollars a share, valuing Fraser & Neave at 13.76 billion Singapore dollars ($11.19 billion).

That was apparently enough to chase away a counteroffer by Overseas Union Enterprise, which is part of the Indonesian billionaire Mochtar Riady’s Lippo Group and is led by Mr. Riady’s son Stephen.

Overseas Union had entered the contest for Fraser & Neave in November, when it bid 9.08 dollars a share.

Under the terms of the auction process — set last week by the takeover regulator, the Securities Industry Council, and intended to remove uncertainty for shareholders — Overseas Union had until 6 p.m. on Monday in Singapore to submit an increased offer.

Had it done so, TCC Assets would have had 24 hours to counter, and the auction would have continued until one of the parties failed to submit a counteroffer.

In a statement after the deadline passed, Overseas Union confirmed it had not made a new bid, saying that in order to succeed it “would need to significantly increase the offer price to a level which is no longer as attractive to Overseas Union, in particular, given the potential impact of the recent measures taken by the Singapore government in relation to the property market.”

Fraser & Neave, established in 1883 to sell carbonated drinks in Southeast Asia, owns businesses that include beverages, shopping centers and full-service apartments. In September, the company agreed to sell its controlling stake in Asia Pacific Breweries, the maker of Tiger Beer, to Heineken in a deal worth $4.6 billion.

TCC Assets already owned a 30 percent stake in Fraser & Neave, and in September made an initial takeover bid for the company at 8.88 dollars a share. Since then, TCC Assets has increased its stake to 40 percent. The Thai company’s revised bid on Friday represented a 5.2 percent premium to the offer submitted by Overseas Union in November.

The passing of Monday’s deadline without a new bid from Overseas Union means shareholders are likely to favor the higher offer from TCC Assets when they vote on the deal. A vote has yet to be scheduled.

Investors in Fraser & Neave have been bullish for months. On Monday, an hour before the deadline, the stock closed at a record high of 9.74 dollars. That was up 1.7 percent from the closing price on Friday and above any of the takeover bids that had been announced.

Overseas Union is being advised by Credit Suisse, Bank of America Merrill Lynch and C.I.M.B. of Malaysia. TCC Asset’s advisers are the United Overseas Bank, DBS of Singapore and Morgan Stanley.

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Samsung decides to kick RIM when it’s down by bashing BlackBerry in new ad [video]






Samsung (005930) is well known for its clever ads mocking Apple (AAPL) and its fans, but the company has decided to pick on a less powerful target in its newest ad that takes swipes RIM (RIMM) and its BlackBerry smartphones. The ad revolves around an office that is implementing its own bring-your-own-device policy and is meant to show that both the Galaxy S III and the Galaxy Note II are ideal business phones that can enable greater creativity. While most workers in the ad happily switch to Samsung smartphones after the BYOD policy is put in place, one of them insists on clinging to his BlackBerry, which prompts one of his coworkers to ask, “Are you finally going to retire that thing?” The full video is posted below.


[More from BGR: BlackBerry 10 OS walkthrough, BlackBerry Z10 pricing]






This article was originally published on BGR.com


Gadgets News Headlines – Yahoo! News




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PHOTOS: The Inauguration Diary of Alicia Keys





Alicia Keys watches history – and makes some of her own – in Washington, D.C., by attending the Inauguration and performing at three balls. The artist, whose album Girl on Fire debuted at No. 1, shares her exclusive photos with PEOPLE








Credit: Courtesy of Alicia Keys



Updated: Monday Jan 21, 2013 | 06:00 PM EST




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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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L.A. church leaders sought to hide sex abuse cases from authorities









Fifteen years before the clergy sex abuse scandal came to light, Archbishop Roger M. Mahony and a top advisor discussed ways to conceal the molestation of children from law enforcement, according to internal Catholic church records released Monday.


The archdiocese's failure to purge pedophile clergy and reluctance to cooperate with law enforcement has previously been known. But the memos written in 1986 and 1987 by Mahony and Msgr. Thomas J. Curry, then the archdiocese's chief advisor on sex abuse cases, offer the strongest evidence yet of a concerted effort by officials in the nation's largest Catholic diocese to shield abusers from police. The newly released records, which the archdiocese fought for years to keep secret, reveal in church leaders' own words a desire to keep authorities from discovering that children were being molested.


In the confidential letters, filed this month as evidence in a civil court case, Curry proposed strategies to prevent police from investigating three priests who had admitted to church officials that they abused young boys. Curry suggested to Mahony that they prevent them from seeing therapists who might alert authorities and that they give the priests out-of-state assignments to avoid criminal investigators.





One such case that has previously received little attention is that of Msgr. Peter Garcia, who admitted preying for decades on undocumented children in predominantly Spanish-speaking parishes. After Garcia's discharge from a New Mexico treatment center for pedophile clergy, Mahony ordered him to stay away from California "for the foreseeable future" in order to avoid legal accountability, the files show. "I believe that if Monsignor Garcia were to reappear here within the archdiocese we might very well have some type of legal action filed in both the criminal and civil sectors," the archbishop wrote to the treatment center's director in July 1986.


The following year, in a letter to Mahony about bringing Garcia back to work in the archdiocese, Curry said he was worried that victims in Los Angeles might see the priest and call police.


"[T]here are numerous — maybe twenty — adolescents or young adults that Peter was involved with in a first degree felony manner. The possibility of one of these seeing him is simply too great," Curry wrote in May 1987.


Garcia returned to the Los Angeles area later that year; the archdiocese did not give him a ministerial assignment because he refused to take medication to suppress his sexual urges. He left the priesthood in 1989, according to the church.


Garcia was never prosecuted and died in 2009. The files show he admitted to a therapist that he had sexually abused boys "on and off" since his 1966 ordination. He assured church officials his victims were unlikely to come forward because of their immigration status. In at least one case, according to a church memo, he threatened to have a boy he had raped deported if he went to police.


The memos are from personnel files for 14 priests submitted to a judge on behalf of a man who claims he was abused by one of the priests, Father Nicholas Aguilar Rivera. The man's attorney, Anthony De Marco, wrote in court papers the files show "a practice of thwarting law enforcement investigations" by the archdiocese. It's not always clear from the records whether the church followed through on all its discussions about eluding police, but in some cases, such as Garcia’s, it did.


Mahony, who retired in 2011, has apologized repeatedly for errors in handling abuse allegations. In a statement Monday, he apologized once again and recounted meetings he's had with about 90 victims of abuse.


"I have a 3 x 5 card for every victim I met with on the altar of my small chapel. I pray for them every single day," he wrote. "As I thumb through those cards I often pause as I am reminded of each personal story and the anguish that accompanies that life story."


"It remains my daily and fervent prayer that God's grace will flood the heart and soul of each victim, and that their life-journey continues forward with ever greater healing," he added. "I am sorry."


Curry did not return calls seeking comment. He currently serves as the archdiocese's auxiliary bishop for Santa Barbara.


The confidential files of at least 75 more accused abusers are slated to become public in coming weeks under the terms of a 2007 civil settlement with more than 500 victims. A private mediator had ordered the names of the church hierarchy redacted from those documents, but after objections from The Times and the Associated Press, a Superior Court judge ruled that the names of Mahony, Curry and others in supervisory roles should not be blacked out.


Garcia's was one of three cases in 1987 in which top church officials discussed ways they could stymie law enforcement. In a letter about Father Michael Wempe, who had acknowledged using a 12-year-old parishioner as what a church official called his "sex partner," Curry recounted extensive conversations with the priest about potential criminal prosecution.


"He is afraid ... records will be sought by the courts at some time and that they could convict him," Curry wrote to Mahony. "He is very aware that what he did comes within the scope of criminal law."


Curry proposed Wempe could go to an out-of-state diocese "if need be." He called it "surprising" that a church-paid counselor hadn't reported Wempe to police and wrote that he and Wempe "agreed it would be better if Mike did not return to him."


Perhaps, Curry added, the priest could be sent to "a lawyer who is also a psychiatrist" thereby putting "the reports under the protection of privilege."


Curry expressed similar concerns to Mahony about Father Michael Baker, who had admitted his abuse of young boys during a private 1986 meeting with the archbishop.


In a memo about Baker's return to ministry, Curry wrote, "I see a difficulty here, in that if he were to mention his problem with child abuse it would put the therapist in the position of having to report him … he cannot mention his past problem."


Mahony's response to the memo was handwritten across the bottom of the page: "Sounds good —please proceed!!" Two decades would pass before authorities gathered enough information to convict Baker and Wempe of abusing boys.


Federal and state prosecutors have investigated possible conspiracy cases against the archdiocese hierarchy. Former Dist. Atty. Steve Cooley said in 2007 that his probe into the conduct of high-ranking church officials was on hold until his prosecutors could access the personnel files of all the abusers. The U.S. attorney's office convened a grand jury in 2009, but no charges resulted.


During those investigations, the church was forced by judges to turn over some but not all of the records to prosecutors. The district attorney's office has said its prosecutors plan to review priest personnel files as they are released.


Mahony was appointed archbishop in 1985 after five years leading the Stockton diocese. While there, he had dealt with three allegations of clergy abuse, including one case in which he personally reported the priest to police.


In Los Angeles, he tapped Curry, an Irish-born priest, as vicar of clergy. The records show that sex abuse allegations were handled almost exclusively by the archbishop and his vicar. Memos that crossed their desks included graphic details, such as one letter from another priest accusing Garcia of tying up and raping a young boy in Lancaster.


Mahony personally phoned the priests' therapists about their progress, wrote the priests encouraging letters and dispatched Curry to visit them at a New Mexico facility, Servants of the Paraclete, that treated pedophile priests.


"Each of you there at Jemez Springs is very much in my prayers and I call you to mind each day during my celebration of the Eucharist," Mahony wrote to Wempe.


The month after he was named archbishop, Mahony met with Garcia to discuss his molestation of boys, according to a letter the priest wrote while in therapy. Mahony instructed him to be "very low key" and assured him "no one was looking at him for any criminal action," Garcia recalled in a letter to an official at Servants of the Paraclete.


In a statement Monday on behalf of the archdiocese, a lawyer for the church said its policy in the late 1980s was to let victims and their families decide whether to go to the police.


"Not surprisingly, the families of victims frequently did not wish to report to police and have their child become the center of a public prosecution," lawyer J. Michael Hennigan wrote.


He acknowledged memos written in those years "sometimes focused more on the needs of the perpetrator than on the serious harm that had been done to the victims."


"That is part of the past," Hennigan wrote. "We are embarrassed and at times ashamed by parts of the past. But we are proud of our progress, which is continuing."


Hennigan said that the years in which Mahony dealt with Garcia were "a period of deepening understanding of the nature of the problem of sex abuse both here and in our society in general" and that the archdiocese subsequently changed completely its approach to reports of abuse.


"We now have retired FBI agents who thoroughly investigate every allegation, even anonymous calls. We aggressively assist in the criminal prosecution of offenders," Hennigan wrote.


Mahony and Curry have been questioned under oath in depositions numerous times about their handling of molestation cases. The men, however, have never been asked about attempts to stymie law enforcement, because the personnel files documenting those discussions were only provided to civil attorneys in recent months. De Marco, the lawyer who filed the records in civil court this month, asked a judge last week to order Curry and Mahony to submit to new depositions “regarding their actions, knowledge and intent as referenced in these files.” A hearing on that request is set for February.


In a 2010 deposition, Mahony acknowledged the archdiocese had never called police to report sexual abuse by a priest before 2000. He said church officials were unable to do so because they didn't know the names of the children harmed.


"In my experience, you can only call the police when you've got victims you can talk to," Mahony said.


When an attorney for an alleged victim suggested "the right thing to do" would have been to summon police immediately, Mahony replied, "Well, today it would. But back then that isn't the way those matters were approached."


Since clergy weren't legally required to report suspected child abuse until 1997, Mahony said, the people who should have alerted police about pedophiles like Baker and Wempe were victims' therapists or other "mandatory reporters" of child abuse.


"Psychologists, counselors … they were also the first ones to learn [of abuse] so they were normally the ones who made the reports," he said.


In Garcia's 451-page personnel file, one voice decried the church's failures to protect the victims and condemned the priest as someone who deserved to be behind bars. Father Arturo Gomez, an associate pastor at a predominantly Spanish-speaking church near Olvera Street, wrote to a regional bishop in 1989, saying he was "angry" and "disappointed" at the church's failure to help Garcia's victims. He expressed shock that the bishop, Juan A. Arzube, had told the family of two of the boys that Garcia had thought of taking his own life.


"You seemed to be at that moment more concern[ed] for the criminal rather than the victum! (sic)" Gomez wrote to Arzube in 1989.


Gomez urged church leaders to identify others who may have been harmed by Garcia and to get them help, but was told they didn't know how.


"If I was the father … Peter Garcia would be in prison now; and I would probably have begun a lawsuit against the archdiocese," the priest wrote in the letter. "The parents … of the two boys are more forgiving and compassionate than I would be."


victoria.kim@latimes.com


ashley.powers@latimes.com


harriet.ryan@latimes.com




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Russia Underworld Gathers for Aslan Usoyan’s Burial


Andrey Smirnov/Agence France-Presse — Getty Images


People lay flowers on the grave of Aslan Usoyan at a cemetery just outside the Moscow city limits on Sunday.







MOSCOW — Aslan Usoyan, a Russian underworld boss who was killed by a sniper on Wednesday as he walked out of a restaurant in downtown Moscow, was buried in a snowy plot of land under a wooden cross on Sunday in a cemetery just beyond the Moscow city limits.




The scene at Khovanskoye Cemetery — where black-clad toughs formed a procession in their Mercedes Geländewagens, and security officers told journalists to avoid the area for their own safety — was a modest one for a mobster of Mr. Usoyan’s status, perhaps in part because of the government’s efforts to avoid the pageantry that has unfolded around the funerals of Russian mob bosses in the past.


Mr. Usoyan, a Kurd born in 1937 in Tbilisi, Georgia, rose through the ranks of the Vory v Zakone, or Thieves-in-Law, a shadowy criminal organization that emerged in the Soviet prisons, to become boss of the Moscow underworld. Mr. Usoyan survived four stints in prison, the gang wars of the 1990s and two assassination attempts, including one in 2010.


Many of Mr. Usoyan’s contemporaries are interred at the best cemeteries in Moscow and St. Petersburg, but Mr. Usoyan’s relatives wanted him to be laid to rest in his birthplace. But a plane carrying Mr. Usoyan’s body was reportedly turned away from Georgia, fueling rumors that the country had refused to allow Mr. Usoyan to be buried there. (Membership in Thieves-in-Law carries a criminal sentence of more than five years in Georgia.) And then all the cemeteries inside the Moscow beltway turned away his relatives as they sought a burial place.


On Friday, they traveled with his body to Donetsk, Ukraine, and had left for Georgia to bury him before dusk on Saturday when a Tbilisi airport denied landing rights to the plane carrying the coffin, a member of Mr. Usoyan’s family told Georgian television. The plane returned to Donetsk.


Back in Moscow, people within the mayor’s office told the news agency Interfax that “there would be no discussion” of a burial plot within the city limits.


Mr. Usoyan’s family eventually settled on a plot south of the city, where several hundred mourners, many of whom appeared to be from the Caucasus like Mr. Usoyan, arrived to pay their respects on Sunday.


It was a far cry from the 2009 funeral for the kingpin Vyacheslav K. Ivankov, better known as Yaponchik, who was shot to death in Moscow outside of a Thai restaurant.


He was buried at the Vagankovo Cemetery, several miles from the Kremlin, where some of Russia’s most celebrated artists, like the poet Sergei Yesenin and the folk singer Vladimir Vysotsky, are interred. Hundreds of rough-looking men carrying wreaths with inscriptions like “Forgive us, we could not protect you” gathered to see Mr. Ivankov buried in a coffin that was rumored to be equipped with an air-conditioner.


Russian mobsters are partial to ornate graves, and even in smaller cities like Yekaterinburg the burial markers show them wearing designer suits, casually smoking cigarettes or standing with their favorite BMW.


Mr. Usoyan, by contrast, was buried under a relatively simple Russian Orthodox cross.


On a bed of roses in front of the grave, mourners placed a black-and-white photograph of Mr. Usoyan wearing a pinstriped suit, and dozens of wreaths carrying inscriptions to “Grandpa Hassan,” Mr. Usoyan’s nickname, were stacked nearby.


Sergei Kanev, a crime reporter for Novaya Gazeta, said that the authorities had barred Mr. Usoyan’s relatives from burying his body in Moscow, to avoid what he called a “bandit spectacle,” like the one at Mr. Ivankov’s funeral.


“The government tried to do everything it could this time to avoid the sense that this is a country of thieves,” Mr. Kanev said in a telephone interview. “They could not have him buried as a hero.”


Mr. Usoyan was generally recognized as Russia’s most powerful crime boss, the successor to Mr. Ivankov. The police have not named any suspects in his killing.


Read More..

BlackBerry 10 camera software revealed, including built-in Instagram-like photo filters [video]







Just when we start to think we know everything there is to know about BlackBerry 10, new details leak. Mobile blog The Gadget Masters on Friday published a video revealing the new BlackBerry 10 camera software included on a pre-release version of the BlackBerry Z10 smartphone. While the software on this prototype phone likely isn’t final, several new features that will be included in RIM’s (RIMM) new BlackBerry 10 camera software are displayed in the video. Among the highlights is a built-in photo editor that includes cropping, rotation and Instagram-like photo filters. The full video follows below.


[More from BGR: RIM heats up as BlackBerry 10 launch nears]






This article was originally published on BGR.com


Wireless News Headlines – Yahoo! News




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Selena Gomez vs. Justin Bieber: Who Sang It Better?















01/20/2013 at 06:00 PM EST







Selena Gomez and Justin Bieber


Bryan Bedder/Getty; Steve Mack/FilmMagic


Selena Gomez didn't officially comment on the status of her relationship with on-again, off-again beau Justin Bieber at her New York City acoustic concert benefit for UNICEF. She didn't have to: her song choices seemed to do all the talking.

Along with a cover of industry pal Taylor Swift's "I Knew You Were Trouble," she also performed a rousing rendition of Justin Timberlake's ultimate breakup anthem: "Cry Me a River."

"I’ve kind of been through a lot these past couple of months, and it’s been really interesting and fun at the same time – and weird and sad, but cool," Gomez, 20, told the audience gathered Saturday night before launching into the 2002 pop single. "This song has helped me through a lot, and if anybody knows 'N Sync or, you know, some J.T., you’re gonna know what I’m talking about. But this song definitely speaks to me."

Of course, true Be-liebers know who made the first move: At his November concert in Boston, Bieber, 18, grabbed his acoustic guitar for a stripped-down version of Timberlake's hit, which takes on the feeling of finding out a partner has been cheating. (According to Vulture, he also covered the song in 2008.)

Watch the former couple try their hands at Timberlake's tune, and tell us in the comments below: Who deserves a standing ovation?

Reporting by GABRIELLE OLYA

Read More..

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 Sinesky, 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 Sinesky, 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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FBI agent admits having sex with karaoke bar worker



An FBI agent testified Friday that he had sex with
an employee of a karaoke bar in the Philippines whom he met while working
undercover on a case involving weapons smuggling.


Marc Napolitano was working as a member of a surveillance team
during meetings at karaoke bars in which another undercover agent, Charles
Ro, spent time with three Filipino nationals now accused of smuggling
weapons into the U.S.


Napolitano received text messages from several young Filipino
women on a cellphone paid for by the government, he said. One woman, who went
by the name Maui, came to his hotel room -- also paid for by the
government -- where they had sex, he said.


Napolitano testified as part of a defense motion seeking to throw
out the criminal charges against the defendants. A deputy federal public
defender representing one of the three defendants has alleged the government
committed "outrageous government misconduct" while investigating the
case.


Defense attorneys have
accused agents of spending taxpayer dollars during their investigation in
karaoke bars that were widely-known to offer prostitution.


Government attorneys and agents dispute the allegations.


Napolitano denied Maui was a prostitute and said he never paid to
have sex while working on the investigation.


The defense motion is expected to continue Tuesday.


ALSO:


California reporting widespread flu illnesses



Manti Te'o hoax: Uncle says linebacker manipulated by 'liar'


Mark Yudof to step down as president of UC system in August


-- Hailey Branson-Potts



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