. the biden administration is sticking to its guns even after an employer blocked a vaccine mandate. plus more controversy surrounding the aaron rodgers firestorm. we areearning more about the 80 people that lost their lives. they had lawsuits against the venue and artists explode. former president obama takes to the world on climb change small businesses are about to feel the pinch of the supply chain crush.

can your retailers survive the coming holidays? 28-years-old and a tragic past, already being called a guitar legend. "early today" starts right now good to be with you this morning. i'm frances rivera >> i'm phillip mena. we begin on the latest white house legal battle over president biden's covid mandate for large u.s. businesses, on monday the white house defended the mandate and said employers should follow the new rierms despite the court-ordered pause. >> reporter: the white house is trying to fight off a legal challenge threatening the nation's most aggressive vaccine mandate, responding to a federal appeals panel that temporarily halt told new rule, the justice department says it will vigorously defend osha's plan to require businesses with 100 or more employees, ensure workers are vaccinated or wear a mask

and face weekly testing. >> the department of labor has a responsibility to keep bjorkers safe and the legal authority to do so. >> reporter: with enforcement set for early next year, the rule would impact roughly one in four americans >> this is an incredible overreach by the executive branch and the government and we've never seen it's the own over ralph's grocery is a plaintiff in one of the lawsuits >> this is not a lawsuit anti-vaccine this is a lawsuit that is anti-mandate. >> reporter: the vaccine mandates quickly becoming a focal point for national divisiveness. >> i know you don't offer it to just anyone. >> reporter: state farm stood behind pitchman aaron roggers who said he was immunized, later caught covid-19 anthe woke mob tried to cancel him. we don't support some of the

statements he made, says state farm we respect his right to have his own point of view. meantime, in los angeles, restaurants, games and hair salons were told to start verifying vaccination status the second largest city with some of the country's toughest rules. >> this is mandatory you understand i want to be protected >> it's unfortunate in america we do not have a choice. >> reporter: the fight not just to vaccinate but to mandate. this legal battle in theory could go all the way up to the supreme court and impact some 85 million workers across the country. philip >> all right miguel, thank you. new details are emerging surrounding the tragedy at the astroworld in houston. travis scott saying he will refund attendee's tickets, he won't be performing this weekend because he is too distraught and drake committed a surprise performance at the festival

releasing a statement on instagram, reading in part,my heart is broken for the families and those who lost their lives and for anyone who is suffering. our morgan chess ski has more. >> reporter: from packed concerts to pandemonium, the fbi now joining a massive investigation into how travis scott's music festival turned deadly friday night. eight victims killed under the age of 30. the youngest just 14-years-old, all saute in a sea of nearly 50 thousand fans pushing towards scott. >> you couldn't breathe. everybody was so crushed up on you. >> reporter: the crowd surge so crushing, witnesses say it knocked fans unconscious before being trampled >> some were pushing to the front. you had to go on stage >> we need help, somebody is passed out here.

>> reporter: the show shut down 45 minutes before it ended they criticized for not stopping sooner him crews rushed 25 people to hospitals, at the scene, hundreds overwhelmed medical staff. some fans appearing to dance on top of rescue vehicles houston's police chief saying he met with scott and security moments before he took the stage, quote to share his concerns regarding public safety after the show, scott showing this to instagram. >> i'm obviously just devastated and i could never imagine anything like this just happening. >> reporter: scott's partner kylie jenner who was at the concert says, they weren't aware to any deaths until later, alleging to pay for some of the funerals, some of which have already begun. >> you don't go to a concert to die. >> reporter: the family saying he died staveing his fiancee from being crushed >> my brother was trying to save her. he did, he saved her

it cost him his life. >> reporter: the family here demanding large concerts be made safer. >> i wish i could have gone with him. and i pray that he's he's okay he's in a better space lot s >> reporter: sky nation is working together and one tern tells me he has 35 plaintiffs all of whom were injured in this very concert and he expects that number to only go up frances. >> okay, morgan, thank you another batch of subpoenas has been issued to top allies of former president trump the house committee investigating the january 6th insurrection wants documents and testimony from high profile trump administration officials and advisers chris pollone joins us from washington, d.c. good morning, tell us more what the committee is looking for. >> reporter: philip, the committee appears to be focusing

on trump officials and allies at a command center near the white house in the days leading up to january 6th. trump advisors and allies reportedly used rooms at the willard hole steps from the white house as a base of operations in their efforts to keep the former president in power. the new suspense appear to be focusing on that this is what zoe lofgren said about this latest batch of subpoenas. >> these are individual who were heavily involved in trying to overturn the election, being involved in the so-called war rooms at the willard hotel and we need to find out everything they said and did. >> reporter: the committee wants to hear from former trump attorney john eastman. testifies he total with adviser steve bannon in the days leading up to january 6th, where the focus it says was on delaying or blocking the certification of the election the letter from former national security adviser michael flynn

accuses him of attending an oval office meeting, participants discussed using voting machines for a national emergency executive privilege should block him from obtaining his white house record a federal judge seemed skeptical last week, has not yet ruled the committee wants testimony and documents produced by mid-december philip >> all right chris. thank you. former president barack obama is speaking this week at the u.s. climate change conference in glasgow. >> his speech taking aim in large part on action on climate science. some gop members are calling for bipartisan on this issue ann thompson has the issues from glasgow, scotland. >> reporter: former president barack obama rallying the climate change conference now in its final week. >> we are nowhere near where we need to be at. >> reporter: calling out china

and russia for not doing more to cut greenhouse actions and then aiming his fire at the trump administration and republicans >> one of our two major parties has decided no not only sit on the side lines but have active hostility towards climate science. >> my name is john curtis. i'm a republican and a cop how cool is that, right? >> reporter: the head of the congressional caucus came. >> we know we must reduce emissions. let's have a thoughtful conversation how we do that. >> reporter: in scotland, republican senator lisa murcowski from oil rich alaska warming twice as fast as the rest of the world. >> there is an expression, if are you not at the table, you are on the menu. >> reporter: a delegation led by senator chris coombs >> by bringing a bipartisan delegation, i'm trying to deliver a partial answer to that question will we say the course >> reporter: murcowski says to

move forward on climate change, whether tax incentive itself or carbon tax, the two parties must work together as they did on the infrastructure bill. >> the only way we are going to put in place policies that will be enduring and thus policies that will be effective is when they are bipartisan. >> reporter: so the nation has climate policies that can survive. no matter which party controls the white house or congress. philip >> all right anne, thank you. let's get a check of your tuesday weather with nbc meteorologist janessa webb how are we looking >> reporter: hi, good morning, man, we're off to a great start. today is the day if are you in the east coast to be outside will you have a full day of sunshine, because you can see the clouds, they're trying to work their way in, even for the ohio valley right now, but today is a looker compared to what we are about to see late week if you have a chance, be outside, high pressure will continue to build. that will allow warmer air to

surge in, how about 36hours to enjoy that before all this blue starts to make its way north and east and change the game as we go into your late week so today, look alt these day time highs, charlotte, north carolina, 77 degrees, new york city 64. upper 50, still kind of on the chilly side for buffalo, new york most of thesspots weree better, sunshine today, slightly cooler for the rockies, boise in the lower 50s. our first coast-to-coast storm of the season is about to come through. we'll talk about that coming up. >> janessa, thanks how about cuteness overload for a minute

bindy irwin shares their daughter, she splashed in the ocean for the first time she posted grace warrior loving the ways and sharing sweeter photos, writing our little sunshine absolutely loves beach day. coming up, we'll break down which teams are on top. >> a new study may have you rethinking your bed time when you eeslp could be impacting your long-term health. stay with us >> emerge tremfyant™. with tremfya®, adults with moderate to severe plaque psoriasis... ...can uncover clearer skin and improve symptoms at 16 weeks. tremfya® is the only medication of its kind also approved for adults with active psoriatic arthritis. serious allergic reactions may occur. tremfya® may increase your risk of infections and lower your ability to fight them. tell your doctor if you have an infection or symptoms

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up 25% mored if night or later, drifting off before 10:00 p.m. it was associated with a 24% increase. >> when you don't go to sleep, are you up, like about now, you watch "early today." glad to have you still to come, your monday night football highlights, including a thriller for a comeback >> american small sissbunees battle big buck retailers as they prepare for holiday shoppers stay with us stay with us >> we give you more wellness solutions backed by rigorous science than we ever have before. nature's bounty gives you more, so you can live bountifully. pain hits fast. so get relief fast. only tylenol rapid release gels have laser drilled holes.

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the nfl season at the halfway point, here are your league leaders, myles garrett is on hand to break the single sack record big stores aren't the only ones affected by those supply chain problems many small businesses are facing unique challenges as well. with the holidays just around the corner, small businesses are finding it hard to compete with big box retailers. here's nbc news' stephanie ruhl. >> reporter: good morning, philip, those supply chain issues we have all been hearing about, they are hitting home for many small businesses, the very same businesses that have already been struggling to keep up with the big guys a normally busy holiday shopping season is in danger of collapse for small business owners. feeling the brunt of the supply chain problem. >> i am scared about what's going to happen this holiday season. >> reporter: jessica is the third generation owner of klem's, a general store in

spencer, massachusetts >> we've seen supply chain shortages all over the store in pretty much every department. >> reporter: items she needs to run her business like lawn mowers and footwear are not being delivered. >> we normally would have these shelves completely full. >> reporter: 50% of small businesses across the u.s. say supply chain disruptions are significantly affecting their business 70% believe they will continue for more than six months candace owns a book shelf. they have forced candace to turn a page on how they operate >> a massive online book seller. flat out, they can get the books to commerce faster. >> they absolutely can i may be losing some customers, but i gain new commerce every day because of my expertise in the books. >> reporter: candace is usually able give recommendations for other books, if a customer can't

find what they're looking for. >> i am cautiously optimistic about the future >> why cautiously optimistic what gives you a reason to be optimistic at all? >> people love books i do believe the supply chain issues will work out in the meantime. >> reporter: here's the good news, consumer demand is up. consumer spending is up, americans are ready to buy this holiday season the big question mark is will these businesses have the goods to sell them >> all right stephanie ruhl thanks >> i mentioned, there is an update on the storm. >> >> when you got to go, you got to golf what you do when you just c't hanold it and you are crashing toward earth when we come back. orking at it's best taking metamucil everyday can help. metamucil psyllium fiber, gels to trap and remove the waste that weighs you down. it also helps lower cholesterol and slows sugar absorption to promote healthy blood sugar levels. so you can feel lighter and more energetic

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a successful splash down for the astronauts after four months it landed late last night.

it wasn't all smooth sailing the crew had to wear diapers for the eight-hour trip home >> talk about sacrificing for science. let's get a quick look ahea with us now. >> reporter: yeah, guys, we are watching a pretty potent weather system about to make its way into the west coast. this will be our first coast-to-coast system. it will bring heavy snow across the planes we'll watch severe weather for tomorrow, getting ready for kansas city to st. louis this is a cold front, where it's colliding with warmer air. you will watch potentially hazardous weather day going into tomorrow afternoon all that sunshine, you will enjoy today and tomorrow the game completely changes from thursday afternoon, from ohio valley, mid-atlantic to the northeast. it will be a washout thursday into your friday, guys >> enjoy it. one of the hottestgy

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. a green grass music star is paying it ahead one string at a time billy strings surprised 200 kids with guitars >> i wanted to come back and give you a surprise. >> reporter: paying it forward one chord at a time. >> the guitar has been a good friend. >> reporter: often a good friendship is worth sharing with others >> what i wanted to do is give each and every one of you a

guitar. >> reporter: that's what brought him over 200 guitars in neuralgic. >> you are all receiving a guitar >> this is the coolest thing i've ever done. >> reporter: he was william apostle when he attended a decade agood >> the guitar was my best frien and was my coping mechanism and survival strategy. >> reporter: surviving blue star album who won best at the grammys. he hopes at home will have a little inspiration >> maybe there is a troubled kid that can be saved from music like i was. >> reporter: it was a chance to unite him with the music teacher that inspired him so many years

ago. billy was in his classroom. >> the minute he walked in my classroom, i knew he had a special gift. >> reporter: he credits her nurturing that gift. >> she would different me solos and encouraged me. when i got this idea, i called her right away >> reporter: that inspiration has been a two-way street. >> he said there were certain people thatcame into my life a the right time i hope that maybe i was one of those people i don't know but he sure came into my life at the right time. >> reporter: now into the lives of over 200 kids, perhaps needing some inspiration at the right time as well >> thanks for that report. we are talking a lifetime of tragedy, drunk and high by 10, lost a parent at age 2, so the guy gutar was his friend

a dog ambassador position. the title of chief donut maker, during a dodge press conference, the job comes with a 150k salary and a muscle car you get to rev that engine at you get to rev that engine at car shows and othe you get to rev that engine at car shows and othe some days, you just don't have it. not my uncle, though. he's taking trulicity for his type 2 diabetes and now, he's really on his game. once-weekly trulicity lowers your a1c by helping your body release the insulin it's already making. most people reached an a1c under 7%. plus, trulicity can lower your risk of cardiovascular events. it can also help you lose up to ten pounds. trulicity is for type 2 diabetes. it isn't for people with type 1 diabetes. it's not approved for use in children. don't take trulicity if you're allergic to it, you or your family have medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2. stop trulicity and call your doctor right away if you have an allergic reaction, a lump or swelling in your neck, severe stomach pain, changes in vision, or diabetic retinopathy.

serious side effects may include pancreatitis. taking trulicity with sulfonylurea or insulin raises low blood sugar risk. side effects include nausea, vomiting, and diarrhea, which can lead to dehydration, and may worsen kidney problems. show your world what's truly inside. ask your doctor about once-weekly trulicity. right now at 4:30, tracking the storm. an atmospheric river dumbing rain across the area. meteorologist, kari hall, tracking how long this will last. this is "today in the bay." a lot to get to on this tuesday morning. we're broadcasting on your television and streaming live on nbcbayarea.com. i am laura garcia. >> i am marcus washington. the rain, kari, where is it