hi, there. i'm kristen sze. you're watching getting answers. discussing right now at this moment. when should masks be worn in the office. we'll also talk to eric swalwell ames attorney about why he's hiring a private investigator to look for another congressman mia. first, the bay area health officials have spoken and said this school year needs to be different from the last. >> as you know, we have charted

a slightly different path. it's been difficult. on this we are 100% united. >> governor newsom and other state leaders said they expect campuses to open in the fall but many parents dofeel confident. is ue menagos. michelle, good to see you. >> thanks for having me. >> let's start with the joint statement. they're offering full-time in- person learning. as a parent, what do you think about the statement and sentiment. >> i'm not currently a parent in the district. both of my students are former students but i do work closely with parents. what we've been hearing from the board of ed is that is

their commitment le >> so the d of the month. state lawmakers said they have no interest in renewing it. are you hearing from parents who are nervous? >> we have heard from parents over the course of the spring that they may want some kind of alternative option, families who aren't comfortable with the kids being back. some of the kid dose thrive better when not in that position. i believe the district is working on an option that who allow students to opt into that, but it wouldn't be spread. >> okay. so you think that who have to be an hospital in where

somebody wants it as an option but the default, that is and what you're advocating being available to all is the full- time in-person experience, right? >> absolutely, that's correct. that's what we heard the majority want. >> and ensuring that would be the case. are you confident given what we saw this year that most san francisco unified school districts did not go back to full-time in-person learning in a meaningful way, are you confident that's what they who accept. >> i think everything is proceeding with that and certainly getting the support from public health officia anow things are bodo thr part to keep the spread of covid

down so we don't have any resurgences, that would help. >> a big drop in the number of students enrolled. talk to us about what you think happened. first, give us the numbers. how many left and what percentage is that? >> you know, i don't necessarily have the numbers right off hand. i know they were relaid in the budget services committee meeting. overall we had a 3% drop for incoming kindergartens. excuse me. that was overall. it was higher, maybe 10% for kindergartners. that is definitely an increase. the 10% for kindergartners is a significant increase. we don't know if it's because families who may have been around school sites and giving that information just didn't because of the pandemic and everything being remote but certainly it's significant. we know that a lot of families or a lot of people have left

the bay area, something like 53,000 residents left san francisco and a lot of folks have moved to other places because they can work remotely or, you know, lots of different reasons that might be happening. there is also some dissatisfaction with the district. there's a lot of families very concerned about their students, the academic struggles that they're facing now and social, emotional. so i think there's a lot of frustration with schools not opening soon are. i know there are a lot of reasons, public health reasons and negotiations to make sure we keep teachers safe, too. a lot of families have just said those who have had the choice said it is not an option for me. >> that is sad for the kids which is true. you know san francisco unified has been in the headlines over the reopening of schools.

should we rename schools, should we not. the superintendent is retiring, now temporarily not retiring. so there's a whole host of things, you know, not top mention the lack of in-person learning compared to other peer school. what is the impact on funding and quality of education when a significant number do leave? >> yeah that is part of the picture presented at the committee meeting yesterday a portion of the school district's funds do come from an average daily attendance. every kid that's present -- if we have few are number of students, we have fewer dollars. so that does impact everybody who's there, their quality of education. it means fewer dollars, fewer resources. >> i can see why you would want

to stem the tide. >> . looking closer at the people who did leave do you have demographic data of those who did leave? >> i certainly don't. i'm not a district employee. i think that it's -- i believe there's a higher percentage of white families that didn't enroll in kindergarten this year compared to previous. in recent news articles parties are mentioning some of us have the choice. they understand it impacts those who don't have the choice but they're trying to do the best for their kids. i think that's the situation in our society which those that have have more options. those that don't, have few are options. >> inadvertently creating bigger gaps. >> potentially. >> i want to ask you finally because we are almost out of

time. district chief of policy informations o'keefe who we invited to be on the show but hasn't responded said the district needs to rebuild trust and interest in the school. how can the district do that, do you think? >> that's a work in question and i appreciate it being elevated yesterday. some families aren't sure what's going to happen. for some families they want to see a plan, see things happening. for others there may be less trust in keeping the kids safe, for example. if you're an african-american family and your kid has historically been singled out and not treated with the same level of respect and support, there's a lot of different trust and a lot of different ways. the biggest thing is the district being as open and transparent as it can be. that's an issue this past year. sometimes the responses we

don't have the answer but we're working on it, right? if parents don't hear anything, they don't know anything and they make up stories that fill up the gaps. >> communication is the most important thing. coordinatetor for the parent advisory counsel for the san francisco board of education. thank you. >> you're welcome. you're about to ba the office. should masks be worn in the office. that's the decision

welcome back. cal is set to relow in

with virtually all masking, social distancing and capacity ruled dropped. cal osha is deciding post pandemic rules so. joining to us talk about what's being considered what your employer can demand and what your rights are is california attorney angela wright. the meeting is still going on. the thing getting the biggest attention is wearing masks. when can people did maskless and when can't they? >> cal osha will probably say employers can require employees still to mask when they're at work. ultimately employers have a duty to ensure that all employees are safe and that they create a healthy work environment. in fact, if they don't, current

worker compensation rules state that if an employee contracts covid, not necessarily while at work but during the time they're physically at work, that that employer can be held responsible and presumed that the employee contracted covid while at work. so masking will be super important and looks like cal osha will extend it at left until the end of the year. >> so we've been used to the message, though, right, if you're fully vaccinated, do what makes you comfortable. we've heard that to some extent from the cdc and the state but we may not be able to use that at work. >> when we're in our own homes or social easing with our own friends or out for the weekend by our own choice, that's a different set of standards but because employers are being held at such a high standard to create a healthy and safe work environment, then they may decide there's different rules

when it comes to social distancing, masking, taking temperatures and et cetera. they want to go above and beyond toen sure healthy workplaces. >> just like we are clear unlike the guidance, cal osha's rules are binding. >> yes. we should expect to see penalties, fines and reporting requirements. yes. they have to take them seriously. >> we had a very good viewer question on facebook that you started to answer but i think it's a question a lot of people have. can an employer force their employees to be vaccinated before letting them go back to the office s that that that >> yes, particularly at-will environments or private sector employment environments employers can mandate that the employee be vaccinated. some are making this optional.

some are making this mandatory. the real issue -- the only exception to being able to say as an employee that i choose not to be vaccinated is you have a medical condition that keeps you from being vaccinated or object based on religious beliefs. if either apply, then you have to go through a process of notifying them of that and the employer has to engage in the interactive process to determine if there are reasonable accommodations available if you have a valid medical reason or valid regious reason for not being vaccinated. >> santa clara will be asking the question. there seems to be confusion can employers ask employees that. can you clarify and i wonder if different rules apply how big a company is or if it as private

or public. >> employers can ask that question. it doesn't matter the size of the employer. what the employer can't do is beyond whether you've been vaccinated, go beyond to find out about medical issues or conditions that an employee can have. the employer also cannot disclose to others whether an employee has been vaccinated. that's considered private medical information >> even if the employer asks for proof of vaccination, the employer must keep it in a private hear not to be disclosed beyond human resources or the individuals that are charged with keeping that individual safe. >> wow. i'm a boss. i can't say hey, you 100 people, you have to keep wearing a mask because joe smith is . that viate joe rights for sure

be obvious in everyone is masked and joe smith is in another area of the facility, hey, there's a problem with joe smith. so employers have to be careful not to do anything discriminatory toward individuals that are not vaccinated or making employees steel bad because they're not vaccinated, particularly if there's an underlying medical issue. employers have to walk a fine line to make sure the employees that follow the guidelines and opt to be vaccinated that they're being treated fairly and equitably within that environment. >> still a workplace question but the focus is different, alex once to know can an employer refuse service to a

customer if they're not vaccinated or refuse to wear a mask. >> that goes back to the broad state regulations. presumably the state regulations will say after june 15th you don't have to wear a mask if you've been vaccinated hand you don't have to comply with certain other requirements from the last year if you've been vaccinated. so if you're going into a facility that says you have to have a mask on, if you've been vaccinated, that facility cannot require you to wear a mask. they may make it optional or strongly encourage it or there may be a lot of peer pressure to have the mask, but once the bell is lifted on june 15th. establishment without any bases, ie, you're objecting the employees who are vulnerable to

medical issues, without bases, establishments cannot mandate a masks or other requirements we've been used to. >> if you were a not comfortable with what is happening at your workplace, what should you do? >> you should talk to human resources. that's the first step. if you feel the hr you, escalate it to your or boss' boss. there's a good source of information. if you feel like you need to escalate the complaint, it's a good place to start and onlt th unsel. ngela wright, that was great learning. >> thank you. >> all right, coming up next, bay area representative eric swalwell is hiring

welcome back. bay area congressman eric swalwell is in news as as as as know. he was the house impeachment manager. congressman swalwell has an unusual step. joining us to talk swalwell's attorney. congressman swalwell has a family issue and couldn't join us. congressman swalwell has hired to fine mo brooks. >> litigation waive service.

this is a preliminary step. the fact that we have to anything and to hire someone stake out congressman brooks is ridiculous. they will save fire for the merits. here we are having to track him down, obviously, unsuccessfully so far. >> let me back me back what was brooks' role in the insurrection. >> the most direct was his speech at the rasaid people sho be ready to give their lives that day which in our view, he was encouraging people to fight and eventually die for donald

trump's illegitimate second term that they were pushing. beyond that, as we have alleged in the complaint that four defendants and others were engaged in a conspiracy to disrupt congress's certification. >> the four defendants former president trump, donald trump jr., giuliani and mo brooks. >> is there no other way to do this? >> there are a number of ways people can be served. it can be left at a or at a's of business or as i said, most often it's informally done through what as called waiving service. you get an email of the complaint. they get or time to respond. so the actual steps to perfect

service the hold fashioned way is what we're left with here. ordinarily, it's not really that big of a deal. in the end we're going to serve him. it's not, you know, ultimately that big of a deal here. when you have a sitting member of congress whose primary place of business for most of the time we've been talking about has been completely off-limits to the public thanks, in part, to mo brooks >> how longs had he been unlocatable? >> i reached out to his office back in march and was blown blo the times i reached out. i reached out a few weeks later and we've had multiple jurisdictions to find him since then. i want to just, on that note,

we're not alleging that mo brooks is hiding in somewhere or has just vanished from the earth. finding someone is really a matter of timing and logistics under normal circumstance but when you add to that the high profile of congress with security concerns and restricted access with where he workers, that's the kind of hurdles we're dealing with. >> you have tried to use the u.s. marshals to no aveil, right? that's not an option. >> we haven't asked foan dge f tiol coission was is not

interested in one without. is this all that's left. >> congressman thompson and two capitol police officers also have pending litigation that we're in support of. the three suits are at the end of the line. that's the sunshine that will be put oned facts of january 6th if anything is ever going to do it. >> all right. outbreak so much. really appreciate your time today. >> thanks for having me. >> we should mention we reached out to conversation continues on facebook live right now.

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thank you so much for joining us. tonight, as we come on the air, severe storms set to slam the east. a severe thunderstorm watch in effect right now. flash flood watches from the carolinas up to new york. alerts for damaging winds and possible tornadoes at this hour from washington to philadelphia to new york. 30 million at risk and ginger zee standing by. news on the coronavirus in the u.s. tonight. the new concern over teenagers. the cdc urging parents to get their teens vaccinated ahead of a new report expected. the cdc citing troubling data on unvaccinated adolescents who have not been vaccinated. and dr. anthony fauci tonight on vaccinated children under 12. also tonight,