laura garcia. good morning. i'm marcus washington. we are not off this morning but we are off later this afternoon. what are we doing? >> i think we should be outside far bit and then we'll be chased inside for the heat. it is 85 in san jose. it is warmer by a few degrees. it is 66 in san francisco. we'll talk about what's coming up and what's going on out there on the roads. >> we do have light traffic. this crash here i call it to your attention. we'll watch and let you know if there's a traffic break. so far it doesn't look like a problem. we'll track that. you are going to get a break this morning. the morning commute will be light this afternoon and evening. you get heavier as folks return

to town. >> all right. thank you very much frm this is at an apartment complex. police say it happened a little before 11:00. it is in the commons area where a dice game was going on. one man says his relatives were leaving the complex and a second round of gunfire sprayed his uncle's car. >> he tried to get out of area. he started shooting again. >> luckily no one in that car was injured. three of the people who were shot are in extreme critical condition. investigators are not sure how many people fired. we are working to bring you a live report coming up. a word of caution if you plan on using the train. more happening at an east bay

station in recent weeks. >> pete is live to tell us about the most recent incident and what's being done system wide to come back. good morning, pete. >> good morning to you. you have the latest incident happening in the east bay station. apparently punched in the face try to go help out two women that are harassed by that man. it is marking yet another incident. most of these are happening at the bart station in the past month. as a response bart temporarily cancelled officers but have since ended that. it is done on a voluntary basis. let's talk about the incidents. the major one taking place on july 22nd with a deadly stabbing of nia wilson.

the suspect faces murder charges. now then on august 3rd once again at the macarthur bart station police called it a heated argument that spilled into the area on the bart station. those two men have nonlife threatening injuries. on august 23rd it is taking place with a 21-year-old transient stabbing another man. he was eventually arrested days later. this most recent one happening on august 31st. an agent was called to help out two women being harassed by that man. a man punching him in the face. he is suffering injuries to the face. i want to point out the subject in the latest one has not been found. if you have any information contact police. today in the bay. >> all right. thank you very much.

now to washington where congress heads back to work this week with a full schedule ahead. >> confirmation hearing for a supreme court justice negotiations far new deal and new jobs report also due in just a week. >> we are live in washington. all of this after the president said the government cannot afford to give employees a raise. >> congress has to decide whether we can afford to have it in place or face a government shutdown. we start with does brett -- the hearing is tomorrow. lawmakers have questions for him. >> it says one a president should be able to declare a statute constitutional. >> will he throw out roe versus

wade and obama care? >> they are not popular with the american people. >> will he stand up to president trump that shielded 100,000 pages from the bush white house? >> his skepticism of the power of federal agencies is something we need. >> president trump is revamping nafta, free trade between the u.s., mexico and canada. >> fortunately the scale is weighted against him. >> federal workers are bracing for a possible government shutdown if congress can't come up with a budget by the 29th of september. >> all right. we'll watch for that. happening right now it has been a long morning for firefighters

and people who live there after a small plane crash spotted a fire. residents have been told to be ready to evacuate. we don't know how many people were on board. medical teams cannot yet access that area because of the fire. now, our own laura garcia is spending the holiday near the south shore. she says this is in the direction. new this morning, trying to make health a central part in the fight against wild fires. idaho researchers are studying health habits. a small number of them are wearing advance motion monitors.

some slowed reaction times as the fire season wore on. they are hoping to expand the study to next year. for the fifth time in two weeks a bay area apple store is targeted by thieves. the latest incident happening around noon this is a live look. men in hoodies ripped the devices from the tables and took off in a waiting car. same thing happened last wednesday. surveillance cameras caught those in action. last week a group targeted the walnut creek store. no one has been hurt. we don't know if these crimes are connected. a follow up to a story, a popular hiking spot in the east bay may soon disappear. now one community campaigning to

save the secret sidewalk. it is an old 2 mile hike near the nile canyon. hikers say it is being demolished. raiders fans might feel like they are missing something. here say sure sign there is no turning back for the raiders. they introduced the new defensive end.

>> i'm looking forward to it. >> we do know he could afford that. he signed a record of $141 million deal the raiders get two first round draft picks. fans in las vegas can start getting excited about. >> it was so cheesey. >> i know. >> i'll be back with mom jokes. >> so we are starting out with a live look this morning. i saw those signs. long delays. a lot of people will be out shopping. we'll be a little bit hotter. it 186 degrees today. a lot of sales going on for

people who are off of work today. we are also seeing that in the traffic department. >> that's right. maybe we'll see you out there. we have the crash in san mateo. up here, this is my forecast. we are talking about all of the folks coming back from tahoe. this is the congestion there. because it is a holiday it means that the bay bridge will see a lot less traffic there through the north bay. look how light it is through san jose. back to you. >> okay. look for a little something to sweeten your coffee this morning. how about a professional eater?

it's making some folks sick this morning. maybe you're expecting a delivery from amazon this week. new this morning the people who shift those orders are in the spotlight, the allegations some are making against the company right now.

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a few clouds over the south bay but a lot of smoke mixing in. we will have the unhealthy air quality today. as we look at how temperatures shape up we'll be at 59 degrees. low 80s today and it continue to go up from there. to we'll check the unusual flow today. >> not a very happy monday. hopefully you're not at work today. let's talk about americans at work this labor day. more good news on employment

growth has averaged. the percentage of civilians working, 62%. that's everybody over 18 including retirees and those in school. so it's labor day here and in canada. it is to talk about revising nafta. some comments the president said were private. here is his counter part talking about the talks ahead. >> we will only sign a deal if it is a good deal for canada. again, no deal is better than a bad deal for canada and

canadians. going public would allow lyft to fund marketing. lyft not commenting on that. they say changes at facebook are causing lots of trouble. facebook change their algorithms. it could change the volume of traffic a web site gets. i need to tell you what i'm not reporting. nobody reported any staggeringly bad news. that's what you do, right? if you wait until the three day weekend and you issue something, nobody. >> that's good. >> we kind of brace for incredibly bad news. >> that's good to here.

amazon has fulfillment centers around the world. amazon was also ranked one of the 12 worst companies to work for by the national center of occupational safety and health. it includes an amazon employee entank entangled in a dispute. >> we issued a letter of warning because people were seriously hurt or treated very poorly. >> that's our blood, sweat and

tears. >> amazon says it disagrees with osha's conclusions and recommended change. holiday weekends come down to two things, eating contest joey chestnut. this is the favorite part of the holiday. did it again yesterday this time winning the national championship. >> look at that. >> yes. it gobbled 206 -- >> wow. >> they are not too meaty

though. >> want to do a time test maybe? >> what are you watching? >> yeah. >> i'm just like yeah. all right. we are starting out this morning. maybe your marinading your food. it lab nice one but a little bit warmer than it was yesterday. we do still have the poor air quality. it is a spare the air alert day. we talked about grilling and stuff. if you're going shopping it will be warmer. heading into the upper 80s there. you don't want to use a wood burning grill. you want to be extra careful with it. if you do use charcoal not to use all of that lighter fluid and stuff. it is a good day to try to

exercise caution and never just dump those goals any where because it is so dry outside. we do have a lot of smoke. temperatures are looking good in the middle of the afternoon. we are looking at the upper 70s there. this afternoon low 90s. it is 78 degrees in hayward. we are looking at low 90s for the inland parts of the east bay. san mateo 72 degrees and 66 today and for the north bay. we are mostly in the upper 80s. there will be upper 90s there. here is a look at what's happening in the eastern pacific. this curves well to the north.

it will be weakening. for our friends in hawaii reaching into the upper 80s and 90s. we are stuck in this weather pattern. now you're reporting a car fire in san jose. >> you're talking about a car fire on north 101. look how sparsely populated this is. you can get around whatever is going on. this is a big rig that's reported. we'll wait for chp to arrive. i showed you the reason why. such light traffic there and all around the bay. this morning commute is expected to be a noon commute. we'll track that and see how things go. a little slowing. i'll check for any raneasons.

it shows you how light the traffic flow is. pete is reporting outside the gate of the bart station. it is a holiday today. sunday hours don't start until 8:00 a.m. you might have the day off today but is it required by law? nbc bay area responds. all kinds

since it )s labor day, consumer investigator chris chmura is here to answer some of the more common work-related questions. since it's labor day we decided to answer some of your more work related questions. >> seeing how today is a holiday let's start with this question. are employers required to give workers holidays off? the answer is no. according to california baillab- california law does not require workers be given the day off for any holiday. last year 94% of companies

closed. sheer another common question. is the boss require today give employeeing vacation time? the answer the no. if you get vacation time it is important to know it is treated as a form of wages. you earn it as you go. when you leave your job you're entitled to a payout of what you earned up until you last day. if you have a consumer complaint call 888-996-tips or online at n nbcbayarea.com/responds. tomorrow kicks off season 16 for ellen. >> and we have a sneak peek of her first guest. she has an empowering message for women. >> my whole adult life i used to feel like i had to have a man.

i want every woman to know you absolutely don't. >> i want women to know you don't need a man. [ laughter ] >> only ellen. okay. again, the new season of ellen starts tomorrow at 4:00 followed by of course nbc bay area news at 5:00. >> we don't need you but we want you. >> thank you for that. >> maybe you noticed and maybe you didn't, two small earthquakes shook the area this weekend. and a father's plea, a strong message for politicians in washington, plus. gunshots ring out at a california racetrack.

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for joining us. i )m marcus washington. and i )m laura garcia. good morning and thank you for joining us. i )m laura garcia. good monday morning. laura is off right now. we want to thank you for joining us but also want to make sure you get a look at your weather. >> we have great weather around the bay area. the only concern today would be unhealthy air problems. it will be quite hazy today

we'll be in the mid-60s starting out today and mid-80s for early afternoon. it will be hotter today than it was yesterday. we'll talk about more coming up in a few minutes. >> there's a concern as well. this is the big rig that caught fire. we talk about it. it's not the original location. this popped up seconds ago. there may be a slower moving cruise. this is connector north 880 following the direction of these arrows this is a big rig on fire right here. it should be clear in the next 20 minutes. right now that is the issue. get over to oakland road and get back onto 101. that would be your alternate. light traffic right now.

a lot of businesses over here. it will help you map through the area. >> all right. thanks. we want to get you to breaking news. ten people were shot. >> there are ten people who were shot. we'll take a listen in who was down in southern california. >> good morning to you. a terrifying situation for anybody involved in this. like you said, ten people hit by bullets. three are in extremely critical condition this morning. police say that this was a gathering of people. gunfire was exchanged. the street is back open. they are focusing their

investigation on the apartment complex. a gate looks like it was knocked off of its hinges. we want to show you video from overnight. it happened off of lynnwood drive around 10:45 last night. police say a group of people were shooting dice. ten victims include men and women. police say several guns were used but none of those weapons were found at the scene. as you can imagine, this was a scary situation especially for residents almost caught up in the cross fire. we talked to one man wloz uncle shot by. >> and it was fortunate nobody got injured. >> no one outside the group of people was hurt. police are not sure if it was gang related or if they knew each other. again, ten people shot at this

apartment complex behind me. three people listed in extremely critical condition. no arrests have been made. we will keep you updated. today in la. > new quake concerns after a couple rattled the area over the weekend. saturday's 3.3 but yesterday 3.4. >> that is because the quake made a direct hit where a seismic safe project has been in the works for two years. bob, the concern here is what?

they don't believe the earthquake caused any damage to the dam that was built in the 1920s for did it damage the new dam that's being built right now. this is out of an abundance of caution. the state ordered it never be more than 40% full so it's not too much on a 98-year-old dam. the water level has been lower in recent years to allow work rs to build a new dam. it will cost over $800 million. it is scheduled to be finished next year.

this one was back in the 80s in 1984. today in the bay. >> all right. thank you very much. >> see how scary that was. >> it happened yesterday evening in san diego. according to the sheriffs deputies a man report lid fired a gun in the air. witnesses describe add chaotic

scene. the suspect was taken to a near by hospital. she currently there and hospital condition is unknown. murdered college student mollie tibbetts. her father says stop using his daughter as a pawn. her dad said some have chosen to distort and corrupt mollie's tragic death.

>> thousands will be holding a labor day protest including in san francisco. >> today's labor day holiday means no school. there is something to think about when you're waking your kids up. a bill may allow a lot of us to catch maybe a few more winks. it requires middle schools and high schools to no earlier. schools would have three years to adjust their schedule.

today's game could be a playoff preview. they could meet up in a one game win or take all in the playoffs. first pitch is scheduled to 105. great news. we are looking at how light the traffic flow is. there is nobody waiting at theal plaza. we expect that for your typical morning commute time. look at that. i'm getting out of the way. no construction.

this has not yet cleared. this is southbound 101. the good news is we haven't heard anything else. chp says maybe 10 to 15 minutes. we'll track it for you. >> yeah. definitely don't need fire danger. >> some are continuing the weekend today. it includes the yankee and a's game you're just talking about. first pitch at 105. some upper 60s to start and upper 70s throughout the day. it will be chilly out there. we are heading into the low 60s for the middle of the day. if you'll enjoy some time outside it will be at 7:00.

60 degrees a cool start. if you have breathing problems today is not your day to hike. if you're not that sensitive to it you can enjoy time outside and temperatures reaching the low 80s. here is how our temperatures shape up. we'll take a closer look coming up in a few minutes. >> marijuana is back on the minds of one city, the big decision that's looming. >> it is a very quiet day. it looks like a very busy week ahead. we'll bring you up to speed when

we continue.

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mike traffic tease it is 5:44. temperatures will be in the upper 50s at 9:00. low 70s by 3:00. we'll get a look at the micro climate. a wide range in temperatures. more on that coming up in less

than five minutes. >> this is such a light day of traffic. in the area we have what's been upgraded as a traffic alert. we'll sort things out for you coming up. paramedics rushed a man to the hospital. the suspect got away but not without a witness spotting their car. deputies say they too long off in a dark colors chevy truck. >> leaders will meet to discuss if it will take the plunge into legalized pot sales.

neighbors are concerned about crime and whether marijuana would be too accessible to kids. a quiet day in washington so far. >> congress needs to get a budget passed. trade negotiations with canada. the big zest confirmation hearing. the white house said it would with hold thousands of pages of his record generated while the nomination was working at the bush white house. >> you have a nominee with excellent credentials. this isn't normal. it's not normal because we are not able to see 100,000 documents.

>> there are two ways of looking at the missing records. the papers contain secrets that the white house sees as the presidencies and try to go keep it between congress separate. >> i mentioned companies will testify before congress it is a senate intelligence hearing. google is sending a lawyer instead. the hearing is supposed to be about how google and facebook and twitter defending themselves against russian trickery against the midterm elections. they have been saying it centering conservatives. >> president trump also says he will go down to texas to campaign for ted cruz. those two have had a tough relationship. trump made fun of cruz wife's

looks and promise today spill the beans about her, whatever that means. the two would find biggest stadium they would find to hold a rally together. here is candidate trump talking about the same senator in 2015. why would they support him when he accomplished absolutely nothing. we'll continue to watch haas whaping. so far this is absolutely nothing. you can follow me on twitter. >> all right. thank you. okay. here is a question. where are your manners? >> i ask that question all of the time.

it's a bad behavior. that's what not to do. you tube videos seem to go a little too far. one mother says her children need a class to become better peep. >> they have forgotten. >> imagine a world where everyone had these types of tools to get along. it is more about the kids from the get go. >> you can watch i want i mean you can get a look at p so of the dos and don'ts.

>> you didn't say thank you. >> please, ma'am ch zblp your son was like i can't wait until i'm a grown up so i don't have to say please anymore. >> interesting. >> we'll have nice weather today. it will be warmer than it was. here is a live look in san jose. maybe you will be off today just laying in bed relaxing. that's a good start. we'll see the drifts coming by and unhealthy air quality. it will be moderate across the bay area. come on over and take a look at the seven day forecast. we get a look at our day in martinez. temperatures will be at 64 at 9:00. if you're going out for a nice

litt little stroll do it early. temperatures heading into the upper 80s already by 3:00 this afternoon. here is a look at highs reaching 94 and concordment it will be cool today. if you live inland it will be hot. >> yes. we have a bikini on here. yes, a lot of people are warming up. after that we'll be in the upper of 0s today. you may wear one and upper 80s for for the rest of the week. we are looking at san francisco. clouds and fog will linger a bit

longer today. >> there's no speedo. looking over here the alarming part of the report was on the peninsula. we had the report that someone was traveling southbound on 101 on this side, the wrong side of the freeway. it was an initial report. they sounded like they were on the shoulder. i don't know the reason why. i thought i will double check. there may be activity but it does not sound like a major thing. >> the other alert, they changed

traffic. they expect it to take longer. you get towards oakland road and it will take you towards 101. there is light traffic flow right now. you should be able to get around. it will last past the 6:00 hour. also the closure for bart. they also have back to you. >> okay. ang very money p this is set to

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5:57. maybe not right this moment but the roads have been very busy this holiday weekend. chp officers are trying to make sure they are cracking down on people who are driving impaired. >> steve did a simulation to show how dangerous it can be. here is a look at the story. >> good morning to you. you should never drive when you impaired. ford motor company gave me a look at what it would feel like if you were impaired.

i want to show you guys how it turned out to show you ou dangerous it is. >> we are going in. wow. okay. >> all right. okay. >> i'm going to get this neck brace on your first. >> and then i'm putting these on. >> yes. put these glasses on. >> this is disor yenting --? your vision. >> wish me luck. >> cthe car is not no drive. >> so you'll weave in through here. >> oh gosh. this is what it feels like when you're driving impaired. right now my left foot is asleep. i can barely see. i feel like i'm hitting over cone so far.

>> so you'll go through this straight area. you'll pull into the parking spot. >> i can't even tell there's a parking spot. it is a physical thing and i'm going straight? >> yes. you'll pull into the parking spot. >> you'll put your southboueat . >> oh my gosh. >> bay area news. right now at 6:00 breaking news out of southern california where ten people are in the hospital after a shooting spree. we'll tell you where the search from the shooter is. >> and spare the air this labor day holiday. the warning going out as a air quality continues to choke us

all. today in the bay continues right now. thanks for joining us. laura is off. >> i'm marcus washington. we'll have a look at this smooth traffic today. right now we want to get a look at the spare the air day. >> yeah. children should limit their time outside especially in the south bay. as we gate look at the san jose camera starting out with some 50s. we'll be in the upper 60s heading through about 9:00. upper 60s to the mid-80s today. looking at still the drifts of smoke today. you have an update to the big rig fire. >> it has closed the connector right here. the south bay looks close. very light