S&P rises for seventh day but 1,500 too steep a climb

NEW YORK (Reuters) - The smallest of gains gave the Standard & Poor's 500 its seventh straight winning day on Thursday, but the index failed to hold above the 1,500 line, restrained by Apple's worst day in more than four years.

Apple Inc slid 12.4 percent to $450.50 a day after it posted revenue that missed Wall Street's forecast as iPhone sales were poorer than expected.

The sharp drop wiped out nearly $60 billion in Apple's market capitalization to less than $423 billion, leaving the company vulnerable to losing its status as the most valuable U.S. company to second-place ExxonMobil , at $416.5 billion.

The S&P 500, however, managed to hit its longest winning streak since October 2006.

"The market has sent the message it is no longer driven by the whims of Apple," said Ken Polcari, director of the NYSE floor division at O'Neil Securities in New York.

The S&P 500 briefly traded above 1,500 for the first time since December 12, 2007, but failed to hold above it, indicating that momentum is waning and a pullback is in the charts.

"If the market had a little bit more excitement to it, momentum players would have jumped after it broke through 1,500. Investors know the market is a little bit ahead of itself," Polcari said.

Economic data helped buoy equities as U.S. factory activity grew the most in nearly two years in January and new claims for jobless benefits dropped to a five-year low last week, giving surprisingly strong signals on the economy's pulse.

At the same time, Chinese manufacturing grew this month at the fastest pace in about two years, while data suggesting German growth picked up boosted hopes for a euro-zone recovery.

"PMI in Asia, Europe, and obviously, here in the United States, is moving in the right direction, and that's stuff people should be excited about," Polcari said.

The Dow Jones industrial average <.dji> rose 46 points or 0.33 percent, to 13,825.33 at the close. The S&P 500 <.spx> inched up just 0.01 of a point, or 0 percent, to finish at 1,494.82. The Nasdaq Composite <.ixic> dropped 23.29 points or 0.74 percent, to end at 3,130.38, with most of that loss on Apple's slide.

The broader Russell 2000 index <.rut> also hit a milestone as it closed above 900 points for the first time.

Video streaming service Netflix Inc surprised Wall Street with a quarterly profit after it added nearly 4 million customers in the United States and abroad. Netflix shares surged 42.2 percent to $146.86, its biggest percentage jump ever.

Earnings have helped drive the stock market's recent rally. Thomson Reuters data through early Thursday showed that of the 133 S&P 500 companies that have reported earnings so far, 66.9 percent have exceeded expectations - above the 65 percent average over the past four quarters.

About 6.8 billion shares changed hands on the New York Stock Exchange, the Nasdaq and NYSE MKT, below the daily average during January 2012 of about 6.93 billion shares.

Roughly five issues rose for every four that fell on both the NYSE and Nasdaq.

(Editing by Jan Paschal)

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IHT Special: Syrians Struggle in an Uneasy Lebanon

Sam Tarling

A Syrian refugee camp in northern Lebanon.

AL-MINYA, LEBANON — For Mohammed al-Ahmad and his wife Zuhour, this is the second cold, wet winter of the war.

They passed the first in the Bab Amr district of Homs, a onetime rebel stronghold that was taken back by government forces last February, after a long and unrelenting siege. Much of the neighborhood was destroyed. They have no home to go back to.

This winter they are living in a soaked field some kilometers north of Tripoli, Lebanon’s second-largest city. The unofficial refugee camp here is home to more than 100. The mud in the narrow paths between tents is ankle-deep at spots and sticks to everything.

Inside Mohammed and Zuhour’s small tent, there is little respite from the harshness of life outside. In one corner, scraps of damp, moldy bread lie in a pile.

The roof, punched with holes, is not waterproof and offered little protection from the rain and sleet of the fierce storms this month. The tent flooded and water soaked their small stock of food.

Two of their five children lie on thin mattresses on the floor, tucked under blankets. They are still and quiet save for the sudden fits of coughing, an increasingly common sound in settlements like this. A third child, awake, has no coat or winter clothing. Zuhour is pregnant: Another child will soon be living in this flimsy shelter.

At the most recent count, there were 212,000 refugees in Lebanon, registered or awaiting registration with the United Nations refugee agency. A year ago, the agency had registered 5,000. The increase mirrors the intensification of a conflict across the border that the United Nations says has now killed 60,000.

In a report released this month, the International Rescue Committee, a crisis relief organization, characterized the situation of the 600,000 Syrian refugees spread across the region as a “deepening humanitarian disaster.” The millions more displaced inside Syria are “in desperate need and have little if any access to humanitarian relief,” it said.

According to the U.N.’s figures, Lebanon has taken in more refugees than any of Syria’s other neighbors. Unlike other countries hosting refugees though, it does not have any official refugee camps.

Camps are a “last resort,” said Ninette Kelley, the most senior representative of the U.N. refugee agency in Lebanon. Still, there is a “need to plan for camps in the event of a mass influx or in the event that local solutions are completely overwhelmed,” she added.

For now, the Lebanese government has no plans for camps, but Wael Abou Faour, the country’s minister of social affairs, conceded that may have to change: “I think that sooner or later we will have to go to camps because we are overstretched,” he said.

In the absence of official camps, unofficial ones are absorbing the rising flood of refugees into the country. Across Lebanon, tents are rigged between buildings, along the edges of highways and in vacant plots and fields.

In some areas close to the border, refugees squat in houses abandoned by the Lebanese who have fled the shelling and gunfire coming from Syria. In small apartments in cities, refugees sleep two to a bed to keep rents affordable. Without guaranteed shelter and with limited aid, many new arrivals say the basic cost of survival is their biggest challenge.

“We are living in a very desperate situation right now,” said Hassan Ali Afeer, 30, a refugee near the Syrian border in the Bekaa Valley town of Arsal. “We are barely living.”

Mr. Afeer’s situation is better than that of many. On a promontory on the edge of Arsal, a local official has donated a plot of land near a mosque where some refugees had been seeking shelter. Islamic charities have pitched in and built concrete huts for 45 families. They are cold, the roofs leak and supplies are scarce: but at least Mr. Afeer and the others living there pay no rent.

In contrast the landowner of the muddy camp in al-Minya charges refugees like Mohammed and Zuhour a monthly rent of $66 for their tent. It is cheaper than renting an apartment, but many struggle to pay even that much in this impoverished part of Lebanon — where work is hard to find for local people, let alone refugees.

Mohammed and Zuhour, like many others, cannot register with the U.N. refugee agency — an inability which limits the aid they can receive.

“We don’t have our family’s papers, we lost them in the shelling,” said 27-year-old Zuhour. “If we could register we would.”

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Let’s Welcome Back Hockey with This ESPN Commercial

We realize there’s only so much time one can spend in a day watching new trailers, viral video clips, and shaky cell phone footage of people arguing on live television. This is why every day The Atlantic Wire highlights the videos that truly earn your five minutes (or less) of attention. Today:  

RELATED: Cookie Monster Batman and the Dog You Wish You Had

Hockey, schmockey. As a whole, the Atlantic Wire staff is sort of ambivalent that the NHL is finally back. (Our Canadian correspondent, however, is thrilled.) But you know what we are thankful for? The ESPN commercial reminding us that the NHL is finally back: 

RELATED: Behold the Power of ‘Gangnam Style’

RELATED: The Robot That Performs Gangnam Style Better Than You

These people are awesome (and, hey, maybe some of them play hockey):

RELATED: The Uncle You Wish You Had and the Joy of Human Jukeboxes

RELATED: How to Ride an Impossibly Tiny Bicycle; One Adorable Jam Session

People are awesome, and also quite strange. Like this guy, who offers the world a video review of the Astor CB-100 (totally SFW), and the 33,000+ views his video has already gotten:

And finally, these are ponies in sweaters. Ponies in sweaters, people:

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Women have caught up to men on lung cancer risk

Smoke like a man, die like a man.

U.S. women who smoke today have a much greater risk of dying from lung cancer than they did decades ago, partly because they are starting younger and smoking more — that is, they are lighting up like men, new research shows.

Women also have caught up with men in their risk of dying from smoking-related illnesses. Lung cancer risk leveled off in the 1980s for men but is still rising for women.

"It's a massive failure in prevention," said one study leader, Dr. Michael Thun of the American Cancer Society. And it's likely to repeat itself in places like China and Indonesia where smoking is growing, he said. About 1.3 billion people worldwide smoke.

The research is in Thursday's New England Journal of Medicine. It is one of the most comprehensive looks ever at long-term trends in the effects of smoking and includes the first generation of U.S. women who started early in life and continued for decades, long enough for health effects to show up.

The U.S. has more than 35 million smokers — about 20 percent of men and 18 percent of women. The percentage of people who smoke is far lower than it used to be; rates peaked around 1960 in men and two decades later in women.

Researchers wanted to know if smoking is still as deadly as it was in the 1980s, given that cigarettes have changed (less tar), many smokers have quit, and treatments for many smoking-related diseases have improved.

They also wanted to know more about smoking and women. The famous surgeon general's report in 1964 said smoking could cause lung cancer in men, but evidence was lacking in women at the time since relatively few of them had smoked long enough.

One study, led by Dr. Prabhat Jha of the Center for Global Health Research in Toronto, looked at about 217,000 Americans in federal health surveys between 1997 and 2004.

A second study, led by Thun, tracked smoking-related deaths through three periods — 1959-65, 1982-88 and 2000-10 — using seven large population health surveys covering more than 2.2 million people.

Among the findings:

— The risk of dying of lung cancer was more than 25 times higher for female smokers in recent years than for women who never smoked. In the 1960s, it was only three times higher. One reason: After World War II, women started taking up the habit at a younger age and began smoking more.

—A person who never smoked was about twice as likely as a current smoker to live to age 80. For women, the chances of surviving that long were 70 percent for those who never smoked and 38 percent for smokers. In men, the numbers were 61 percent and 26 percent.

—Smokers in the U.S. are three times more likely to die between ages 25 and 79 than non-smokers are. About 60 percent of those deaths are attributable to smoking.

—Women are far less likely to quit smoking than men are. Among people 65 to 69, the ratio of former to current smokers is 4-to-1 for men and 2-to-1 for women.

—Smoking shaves more than 10 years off the average life span, but quitting at any age buys time. Quitting by age 40 avoids nearly all the excess risk of death from smoking. Men and women who quit when they were 25 to 34 years old gained 10 years; stopping at ages 35 to 44 gained 9 years; at ages 45 to 54, six years; at ages 55 to 64, four years.

—The risk of dying from other lung diseases such as emphysema and chronic bronchitis is rising in men and women, and the rise in men is a surprise because their lung cancer risk leveled off in 1980s.

Changes in cigarettes since the 1960s are a "plausible explanation" for the rise in non-cancer lung deaths, researchers write. Most smokers switched to cigarettes that were lower in tar and nicotine as measured by tests with machines, "but smokers inhaled more deeply to get the nicotine they were used to," Thun said. Deeper inhalation is consistent with the kind of lung damage seen in the illnesses that are rising, he said.

Scientists have made scant progress against lung cancer compared with other forms of the disease, and it remains the leading cause of cancer deaths worldwide. More than 160,000 people die of it in the U.S. each year.

The federal government, the Canadian Institutes of Health Research, the Bill and Melinda Gates Foundation, the cancer society and several universities paid for the new studies. Thun testified against tobacco companies in class-action lawsuits challenging the supposed benefits of cigarettes with reduced tar and nicotine, but he donated his payment to the cancer society.

Smoking needs more attention as a health hazard, Dr. Steven A. Schroeder of the University of California, San Francisco, wrote in a commentary in the journal.

"More women die of lung cancer than of breast cancer. But there is no 'race for the cure' for lung cancer, no brown ribbon" or high-profile advocacy groups for lung cancer, he wrote.

Kathy DeJoseph, 62, of suburban Atlanta, finally quit smoking after 40 years — to qualify for lung cancer surgery last year.

"I tried everything that came along, I just never could do it," even while having chemotherapy, she said.

It's a powerful addiction, she said: "I still every day have to resist wanting to go buy a pack."

___

Online:

American Cancer Society: http://www.cancer.org

National Cancer Institute: http://www.cancer.gov/cancertopics/tobacco/smoking and http://www.cancer.gov/cancertopics/types/lung

Medical journal: http://www.nejm.org

___

Marilynn Marchione can be followed at http://twitter.com/MMarchioneAP

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S&P up for sixth day, Apple slip could halt rally

NEW YORK (Reuters) - The S&P 500 rose for a sixth day on Wednesday after stronger-than-expected profits from IBM and Google but the rally could be halted as Apple's after-hours miss sent its shares lower.

The S&P was just 4.7 percent from its all-time closing high as IBM's and Google's earnings, released after Tuesday's close, followed on the heels of stronger U.S. economic data.

"People were kind of nervous about earnings coming into this quarter but numbers have shown so far strength in earnings," said King Lip, chief investment officer at Baker Avenue Asset Management in San Francisco.

But Apple , still the largest U.S. publicly traded company, fell 8 percent in extended trading after sales of its flagship iPhone came in below analyst targets and quarterly revenue slightly missed Wall Street expectations.

"One thing that stands out is the company's ballooning balance sheet, where they now have $137 billion dollars in cash and investments," said Michael Sheldon, chief market strategist at RDM Financial in Westport, Connecticut. "You've got to wonder when they're going to put some more of that to work."

Declining issues beat advancers in both the NYSE and Nasdaq during regular market hours, in a sign the market's rally may be overstretched. The broad Russell 2000 index <.rut> closed the day down 0.3 percent after earlier hitting and intraday historic high just below 900 points.

Shares in IBM Corp , the world's largest technology services company, climbed 4.4 percent during regular market hours to $204.72, providing just about all of the Dow's 67-point gain.

Also helping the tech sector was a 5.5 percent jump in Google Inc to $741.50. The Internet search company reported its core business outpaced expectations and revenue was higher than expected.

The S&P technology sector <.splrct> rose 1.2 percent.

The Dow Jones industrial average <.dji> rose 67.12 points or 0.49 percent, to 13,779.33, the S&P 500 <.spx> gained 2.25 points or 0.15 percent, to 1,494.81, and the Nasdaq Composite <.ixic> added 10.49 points or 0.33 percent, to 3,153.67.

The benchmark S&P 500 is a mere 0.35 percent away from hitting 1,500, a level not seen since December 12, 2007.

S&P 500 futures fell 4.1 points, or 0.3 percent, while Nasdaq 100 futures fell 20 points or 0.7 percent.

Netflix shares soared 32 percent, above $136, after the video subscription service said it added subscribers in the United States and abroad and posted a quarterly profit.

LED maker Cree Inc jumped 22 percent to $40.85 after it forecast a higher-than-expected third-quarter profit, and reported results above analysts' estimates.

Upscale leather goods maker Coach Inc plunged 16.4 percent to $50.75 after reporting sales that missed expectations.

Clearing a market hurdle, the U.S. House of Representatives passed a Republican-led plan to extend the country's borrowing authority until mid May. This delays a confrontation in Congress similar to one in 2011, which generated a stalemate that triggered the first-ever U.S. debt rating downgrade.

Thomson Reuters data through Wednesday showed that of the 99 S&P 500 companies that have reported earnings so far, 67.7 percent have topped expectations, above the 65 percent average beat over the past four quarters.

Overall, S&P 500 fourth-quarter earnings rose 2.8 percent, according to Thomson Reuters data. That estimate is above the 1.9 percent forecast at the start of earnings season.

Top U.S. manufacturers sounded a confident note about their expectations for 2013 on Wednesday as fears of the year-end "fiscal cliff" faded into memory.

In the regular session, about 6.1 billion shares changed hands on the New York Stock Exchange, the Nasdaq and NYSE MKT, below the 2012 daily average of about 6.45 billion.

On the NYSE, roughly 15 issues fell for every 14 that rose and on Nasdaq seven declined for every five gainers.

(Reporting by Rodrigo Campos, additional reporting by Caroline Valetkevitch; Editing by Nick Zieminski and Diane Craft)

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Court Shooting Highlights Growing Gun Debate in Philippines

Bullit Marquez/Associated Press

Glen Elaine Ella removed items left in the coffin of her daughter Stephanie Nicole Ella, 7, who was hit with a stray bullet as their family watched New Year's fireworks.

MANILA — A fatal shooting in a central Philippine courtroom on Tuesday added impetus to a growing national debate over firearms regulation in a country with an enthusiastic gun culture much like America’s.

Calls for tighter controls have been prompted by a series of shootings in the last few weeks, starting with the Jan. 2 death of a 7-year-old girl who was one of about 40 people around the country hit accidentally by celebratory New Year’s gunfire. On Jan. 4, a failed local candidate opened fire on his village neighbors, killing 8 people — including a pregnant woman and child — and wounding 10. Then a gun battle at a police roadblock on Jan. 6 left 13 dead.

On Tuesday, a Canadian man, John Pope, opened fire in a courtroom in Cebu, killing a neighbor with whom he had a legal dispute and the neighbor’s lawyer. He also wounded another person before dying of a gunshot wound; officials gave varying accounts about whether Mr. Pope had shot himself or had been hit by police fire.

Filipino law allows citizens — but not foreigners — to keep guns at home, subject to registration and background-check requirements, and target shooting is a popular pastime. The country’s president, Benigno S. Aquino III, enjoys sport shooting.

Guns can usually be carried in public with a permit, but a temporary ban has been imposed in the hope of curtailing violence associated with national elections scheduled for May.

The country’s gun controls are not well enforced, said Norman Cabrera, secretary-general of the Ang Kapatiran Party, which supports tighter screening for gun permits and longer jail terms for gun crimes.

“You can go to any gun store and buy a firearm, and they will do all the paperwork for you,” Mr. Cabrera said. “You come back in a week, and you have your gun, your license — even your psychiatric test is completed for you. All these things can be worked out for you by the gun store.”

Mr. Cabrera acknowledged that it would be difficult to pass stricter gun laws in the Philippines, where the police estimate that there are 1.2 million registered firearms and about 500,000 unregistered guns in private hands among a population of about 95 million.

“We have many influences from the United States; the gun culture is one of these influences,” Mr. Cabrera said. “Unfortunately, the Philippines has adopted one of the things that is not good about the United States — its love for guns.”

Ernesto Tabujara, who heads a major gun rights group, Peaceful Responsible Owners of Guns, said gun ownership is a necessity in the Philippines,. “We have rampant crime, and the police and military are often involved,” he said. “We are not as passionate about our guns as Americans. We just want to survive.”

Nandy Pacheco, the head of Gunless Society, an advocacy group, noted ruefully that mass shootings had been so frequent lately that an episode like the courtroom shooting “is not news any more.” But it was not clear whether the revived debate over guns would yield any government action.

“People are talking about it, and legislators are talking about it,” Mr. Cabrera said. “But we don’t know if in a few weeks or months this will die down.”

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‘Atari’ Is in Trouble Again

Atari is declaring bankruptcy — twice. Both the U.S. video game company and its French parent have done so, the latest twist for the company which largely invented the video game industry and remains synonymous with it, despite having seen its glory days end by the mid-1980s.

But wait. Even though the Atari name celebrated its fortieth anniversary last year, it’s a mistake to talk about Atari as if it’s a corporate entity which has been around for four decades. (The Los Angeles Times’ Ben Fritz, for instance, refers to it as an “iconic but long-troubled video game maker.”) Instead, it’s a famous name which has drifted from owner to owner. It keeps being applied to different businesses, and yes, for all its fame, it does seem to be a bit of a jinx.

Here’s a quick rundown of what “Atari” has meant at different times (thanks, Wikipedia, for refreshing my memory):

1972-1976: It’s an up-and-coming, innovative startup cofounded by Nolan Bushnell and Ted Dabney.

1976-1984: It’s part of Warner Communications (which, years later, merged with Time Inc. to form Time Warner, overlord of this website). It’s a massively successful maker of video games and consoles, but then it crashes, along with the rest of the industry.

1984-1996: Atari morphs into a semi-successful maker of PCs when it’s acquired by Tramel Technology, a company started by Jack Tramiel, the ousted founder of Commodore.

1996-1998: Tramiel runs Atari into the ground. After merging with hard-disk maker JTS, the company and brand are largely dormant.

1998-2000: Atari resurfaces under the ownership of  toy kingpin Hasbro as a line of games published under the Atari Interactive name.

2000-present: It becomes a corporate entity controlled by French game publisher Infogrames, which increasingly emphasizes the Atari moniker over its own and takes over completely in 2008. In recent years, it’s focused on digital downloads, mobile games and licensing of its familiar brand and logo.

The above chronology doesn’t account for Atari’s original business: arcade games. As far as I can tell, the arcade arm was owned at different times by Warner Communications/Time Warner (twice!), Pac-Man purveyor Namco and arcade icon Midway, among other companies. But use of the Atari brand on arcade hardware petered out in 2001.

Basically, Atari has never been one well-defined thing for more than twelve years, max, at a time. That the name has survived at all is a testament to its power and appeal. And even though the current Atari has fallen on hard times, I’ll bet that the brand survives for at least a few more decades, in one form or another. Several forms, probably.

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Barack Obama & Family Party at Star-Studded Post Inauguration Bash

Caught in the Act

01/22/2013 at 07:50 PM EST

President Barack Obama and First Lady Michelle Obama

Chip Somodevilla/Getty

President Barack Obama celebrated his second inauguration Monday night with a private party following his very public day.

The Obama family – including wife Michelle and daughters Malia and Sasha – headed to the White House later on in the evening for a black tie affair, which included celebrities and political stars, as well as a late night buffet of desserts.

The Obamas were surrounded by 300 family and friends, including Bill Clinton (without his wife Secretary of State Hillary Clinton), John Kerry and Colin Powell. Lucky celebs who landed an invite were Swizz Beatz and wife Alicia Keys – who shared her inauguration photos with PEOPLE – Usher, John Legend and fiancée Chrissy Teigen, Jennifer Hudson, Katy Perry and John Mayer (who were "quite cute," says a source), Kelly Clarkson and her fiancé Brandon Blackstock, Eva Longoria, Kerry Washington and country star Brad Paisley.

Not in attendance: Jay-Z and Beyoncé, who according to a source, flew straight to New Orleans, presumably for Super Bowl rehearsals after their inaugural duties.

At the star-studded celebration, there were three performances during the lively evening by Eric Benet, Ledisi and Janelle Monae. Plus, DJ Cassidy spun tunes. (This is the second time Cassidy has deejayed at the White House: He did Obama's 50th birthday as well.)

"The whole family stayed until the end, about 2 a.m.," says a guest.

– Jennifer Garcia

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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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Banks, commodity stocks lift S&P 500 to five-year high

NEW YORK (Reuters) - Bank and commodity shares led the benchmark Standard & Poor's 500 Index to a fresh five-year closing high on Tuesday on hopes that the global economy continues to mend.

Travelers' shares climbed after the insurer's results and lifted the Dow Jones industrial average to a new five-year closing high.

On Friday, both the Dow and the S&P 500 ended at five-year highs after the quarterly earnings season got off to a solid start. On Monday, the U.S. stock market was closed in observance of the Martin Luther King, Jr., holiday.

In Tuesday's session, the market also gained on signals that Republican leaders in the U.S. House of Representatives aim on Wednesday to pass a bill to extend the U.S. debt limit by nearly four months to May 19. The White House welcomed the move, saying it would remove uncertainty about the issue.

Investors, however, were cautious ahead of an increase in earnings reports and as the S&P 500 rose for a fifth straight session.

Jack de Gan, chief investment officer of Harbor Advisory Corp, in Portsmouth, New Hampshire, said better economic numbers in the United States and China, as well as more stabilization in Europe, were driving buyers into sectors associated with economic growth.

"Any (bearish) news could turn us down for a day or so," he said, referring to the recent string of gains.

Freeport-McMoRan Copper & Gold led gains in the materials sector after it reported a 16 percent rise in fourth-quarter profit on higher production. Shares gained 4.6 percent to $35.19.

The Dow Jones industrial average <.dji> rose 62.51 points, or 0.46 percent, to 13,712.21 at the close. The S&P 500 <.spx> gained 6.58 points, or 0.44 percent, to 1,492.56. The Nasdaq Composite <.ixic> added 8.47 points or 0.27 percent, to 3,143.18.

Tuesday's session marked the highest closes for both the Dow and the S&P 500 since December 2007.

Technology shares underperformed as concerns about Apple's ability to continue to grow at hyper speed and a weak outlook from Intel Corp diminished optimism about the sector's prospects. The S&P technology index <.splrct> added 0.16 percent for the day. In comparison, the S&P energy sector index <.spny>, the S&P financials index <.spsy> and the S&P basic materials index <.splrcm> each gained 0.9 percent.

But Google shares rose 4.8 percent to above $736 in extended-hours trading after the world's No. 1 search engine reported a jump in fourth-quarter revenue. Shares of IBM added more than 4 percent to trade above $204 after the world's largest technology services company reported earnings and revenue that beat estimates.

"We expected Q4 for many tech vendors would be weak because we were expecting a lot of companies sitting on their wallets until it became clear what was going to become of the fiscal cliff," Forrester analyst Andrew Bartels said about IBM.

"Given the fact it's Q4 and the cloud of fiscal cliff within it, it's a positive indication that especially tech software will be doing better in the next couple of months."

During the regular session, shares of blue chips Travelers, DuPont

, and Verizon Communications rose following earnings.

Travelers rose 2.2 percent to $77.95, a closing high. DuPont's shares gained 1.8 percent to $47.82. Verizon's stock rose 0.9 percent to $42.94.

Thomson Reuters data through Tuesday morning showed that of the 74 S&P 500 companies that have reported earnings so far, 62.2 percent have topped expectations, roughly even with the 62 percent average since 1994, but below the 65 percent average over the past four quarters.

Overall, S&P 500 fourth-quarter earnings are forecast to have risen 2.6 percent. That estimate is above the 1.9 percent forecast from the start of earnings season, but well below the 9.9 percent fourth-quarter earnings forecast from October 1, the data showed.

U.S.-listed shares of Research in Motion rallied 13 percent to $17.90 a day after its chief executive said the Canadian company may consider strategic alliances with other companies after the launch of devices powered by RIM's new BlackBerry 10 operating system.

About 6.2 billion shares changed hands on the New York Stock Exchange, the Nasdaq and NYSE MKT, below last year's daily average of about 6.45 billion shares.

On the NYSE, advancers outnumbered decliners by a ratio of roughly 9 to 4. On the Nasdaq, five stocks rose for every three that fell.

Signs of improved sentiment toward world growth were also seen in European bond markets. The yield on Portugal's benchmark 10-year note fell below 6 percent for the first time since late 2010 on news that the country was set to tap the bond market this week for the first time since it was bailed out in 2011.

(Reporting by Rodrigo Campos; Additional reporting by Jennifer Saba; Editing by Jan Paschal)

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