states mounting legal challenges could they block it? just in, reports of shooting at a resort popular with american tourists. what we're learning. also tonight the election fall-out. growing pressure on democrats to pass president biden's spending plan after disappointing losses could there finally be a vote this week controversy in the trial of three white georgia men. charged with killing ahmaud arbery, a black man. the jury nearly all white. the judge saying it appears to be intentional discrimination why he won't intervene. the season's first cold snap. 28 million under freeze alerts from texas to new jersey. our journey across america to nashville the mission to feed hungry families. our visit to a grocery store created by country music legend brad paisley and his wife where the food is free inside the mother church of country music. my only chance to play on stage with superstar michael

wray. >> this is nbc "nightly news" with lester holt. across america reporting tonight from nashville. good evening from one of the most legendary stages in all of music the ryman auditorium in nashville nashville is stop number four in our week long journey across america we will dive into the rich history of this place and have much more from nashville shortly. but our top story is one that will soon impact two-thirds of the american workforce. new federal regulations putting the onus on all but the smallest employers to see their workers are fully vaccinated against covid-19 or that they are tested weekly companies now given two months to comply or face heavy fines. the regulations a follow-on to an executive order issued by president biden in september. the white house tonight vowing to do everything it can to maximize compliance with the mandate

gabe gutierrez has details. >> reporter: after months of vocal opposition, yet remarkable compliance, the new covid vaccine mandate covering a staggering 84 million people two-thirds of the u.s. workforce. it requires companies with 100 or more employees to ensure they're either fully vaccinated against covid by january 4th or tested weekly the order does not require employers to pay for the test though, union agreements might require some employers to foot the bill. >> the idea behind this is not to spend hours and hours and a lot of public money in court. the intent behind this is to get the health and safety of workers in the workplace, put that front and center. >> reporter: u.s. labor secretary marty walsh says the rule will be administered by osha. the occupational health and safety administration fines could reach nearly $14,000 per violation. how exactly do you plan to enforce this >> osha has done this work for over 50 years, and employers know the way to work

with osha on this thing. >> reporter: starting december 5th, covered employers will also be required to give workers paid time off to get vaccinated, as well as sick leave to recover from side effects. today during a senate hearing, the cdc director rochelle walensky and anthony fauci defended the response. >> we know that mandates work. if you look at, for example, the percentage of people at united airlines or the houston medical association or other organizations that have mandated, it works 99% plus. >> reporter: but mandates remain a flash point across the country. from los angeles today -- >> no one should lose their job over a vaccine mandate. >> reporter: to lynchburg, virginia this week where dozens of workers walked off the job. >> we would like to have a company actually sit down and talk and come with clear, open and honest communications. >> reporter: tonight some states are planning to sue after this latest mandate after already doing so after a previous requirement for federal contractors.

in houston, brian is a ceo of a supply chain logistics company who is concerned about employees leaving in a tight labor market. >> i have real mixed emotions because on the one hand i know that the vaccine is our one-way ticket out of the pandemic. on the other, there is a certain reality of managing our employee base and running our companies and those two may be on a bit of a collision course we're going to find out. >> gabe, what about states like tennessee where i am that have laws or executive orders banning vaccine mandates >> reporter: yes, the biden administration says because this new rule is under osha, it supercedes any local restriction. of course opponents will no doubt take this to court. lester >> gabe gutierrez in new york tonight thank you. we'll turn to the breaking news now out of cancun, mexico. reports of an active shooter at a beach resort popular with american tourists. let's get right to miguel almaguer. miguel, what do we know >> reporter: well,

lester, good evening we're getting new details about this developing situation here's what we know right now. the attorney general in mexico says there was an altercation between several drug dealers on a beach when shots were fired near the hyatt cancun resort a local news outlet reports that at least eight armed gunmen entered the hotel carrying long guns the commotion sent tourists scrambling. images coming in to nbc news shows some taking cover in the resorts corridors and then later guests gathering in the hotel lobby. mexico's secretary of public security says two people died, both believed to be drug dealers. at this hour, it appears no tourists were injured and the gunfire, thankfully, lester, seems to be over lester >> frightening, though all right, miguel. thank you. now to washington and the growing drama among democrats after those major election victories for republicans. tonight house speaker nancy pelosi pushing to pass the president's massive spending plans, suggesting democrats failure to act led to those big losses kristin welker now

with the latest. >> reporter: after the dismal results for democrats on election day, new urgency tonight on capitol hill house speaker nancy pelosi saying she wants a vote on president biden's two multi-trillion dollar spending plans by the end of this week. >> we're going to pass both bills but in order to do so, we have to have votes for both bills, and that's where we are. >> reporter: pelosi pressed by nbc's garrett haake on whether democratic inaction was to blame for the election day debacle. do you think democrats were penalized for having not gotten these things done? >> there is no question the more results we can produce in a way that people understand in their lives, the better it is. >> reporter: it comes after republicans won stunning victories in virginia, including for governor and lieutenant governor. and in deep blue new jersey the ap now projecting another surprising upset the powerful democratic state senate president -- >> hello my name is edward

durr i'm running for new jersey state senate. >> reporter: ousted by a little known republican truckdriver for a furniture store who shot his campaign videos on his phone. moderate democratic senator joe manchin arguing the republican victories are a sign voters don't want to rush into more massive spending. >> people are concerned. they're concerned about inflation. they're concerned about the debt we don't talk about it but they are concerned. >> reporter: but progressives say the takeaway is just the opposite, that voters want them to go big. now they're backing pelosi's last-minute decision to put four weeks of paid family leave back into the president's social spending plan, despite the fact that manchin has signalled opposition. >> millions of women across the country are outraged that one man would say we're not going to do paid leave. >> reporter: but tonight top republicans argue the election was a rebuke

of those democratic proposals. >> it's the craziest thing i have ever seen these people are governing like they have a mandate to radically remake the country. it's build back socialism. >> reporter: tonight top house democrats are scrambling to secure the votes to pass both bills but some house moderates remain hesitant. now we have learned president biden is making phone calls to try to win over those democrats. lester >> kristin welker at the white house. thanks. there is breaking news from the justice department filing a lawsuit against texas over its new voting law. the law signed by republican governor greg abbott in september limits drop boxes and requires voter id for absentee ballots among other provisions the suit alleges the law violates protections for civil rights and voting access texas has yet to respond. in georgia, a controversy on the eve of testimony in the murder trial of three men accused of killing ahmaud arbery, the young black man who prosecutors say was jogging when he was shot and killed by the men. just one of the jurors who will decide the case is black. ron allen is there >> ahmaud arbery

>> reporter: tonight passion running high in the community where ahmaud arbery was shot and killed almost two years ago. anger only one black juror was selected to decide a case that arbery's family supporters have called a modern day lynching. >> it was very disturbing when we found out that we had one african-american and the rest was white. >> reporter: do you still think you will get justice? >> i do think that with the evidence the state has that we will get justice. >> reporter: gregory mcmichael, his son travis and a neighbor william "roddie" bryan face nine counts each, including murder, aggravated assault and attempted kidnapping accused of chasing, shooting and killing ahmaud arbery. they have all pleaded not guilty now, after questioning hundreds of potential jurors in a county that's about 26% black, 11 white and 1 black juror selected the defense using its legal challenges to eliminate 11 potential black jurors from the jury pool on the final day. >> this court has found that there appears to be intentional discrimination. >> reporter: he added georgia law prevents him from taking action

because the attorneys gave reasons other than race for the dismissals like insisting the perspective jurors could not be impartial. >> that's really what the court is to decide are those race neutral explanations that were offered, are they satisfactory and in this case, the judge said he did find them to be satisfactory. >> reporter: now prosecutors expected to cite arbery's race as a significant factor in his death and the defendants are expected to say they were attempting a citizen's arrest of a robbery suspect and were acting in self-defense the judge has told jurors the trial should last two to three weeks. with ahmaud arbery supporters and advocates who see this watching closely every day. lester >> all right ron allen, thank you. millions of americans are in for their first freeze of the season 28 million under freeze alerts from texas all the way up through new jersey including here in nashville. across the southeast and mid atlantic tomorrow, temperatures are expected to be 10 to 15 degrees below average.

in just 60 seconds, we'll look at the impact of the pandemic on schools here in nashville. and the announcement by superstar duane johnson about guns on movie sets

here in nashville, the city and the schools are still struggling with the covid pandemic although younger children became eligible for the vaccine this week there is resistance here as elsewhere as many kids and teachers are having trouble in the classroom. nearly two years into the pandemic and school districts across the nation are still struggling with mask mandates, pandemic learning loss and staffing shortages. >> our parents have been tremendous partners to us. >> reporter: dr. adrian battle is the director of schools here in nashville, and she is now facing yet another hurdle in the fight against covid in the classroom. vaccinations now available for elementary-aged kids how does that affect you guys. >> it affects us tremendously we will be partnering with our local health department to be providing opportunities for our

students, our youngest to be vaccinated it gives us an opportunity to think what it will take to keep our students to be safe and keeping the core focus to where it should be right now. that focus right now should be on learning for our students and their social-emotional learning space. >> reporter: tennessee's vaccination rate is low compared to other states less than half the population here is fully vaccinated so hesitancy among parents to get their children vaccinated is a concern. lauren lowry covers education for our affiliate wsmv. >> the district is starting to roll out these events it will be interesting to see how many parents buy into it, right? the early polling is showing that less than 30% of people are actually going to get their kids vaccinated. >> reporter: earlier this year, nashville was a litmus test for the nation. >> we were one of the first school systems in the country to go back to school in early august. >> what would your super powers be? >> reporter: jaime wolinski wasn't sure what to think when your daughters stepped back into their classrooms.

>> when i first sent the kids back to school, i felt like i was sending them out to the wild, wild west. >> reporter: jaime and the girls adjusted but -- >> i do feel like they're starting a little bit behind. but i will tell you that i feel like everyone is. the whole country is going to see this generation have to adapt to learning and education in a different way. >> reporter: more than 97% of educators reported some learning loss over the past year when compared to the previous year. at the end of the 2020/'21 school year, students were on average four months behind in reading and five months behind in math have you been able to chart quantify the learning loss as a result of all this >> what we have been able to identify is that their progress was not what we would like to see year over year. >> reporter: mary holden has been teaching english for 19 years. >> i'm more concerned with the loss in social-emotional areas. school started and we're seeing a lot of

really immature behavior. >> reporter: just one more hurdle in an already intense environment. >> this year has turned out to be the most challenging of my career we are being stretched in ways that i did not anticipate everyone is expecting things to be normal. and it's not normal. we actually need a lot more support. >> reporter: so what are you doing for teachers that feel like they're being stretched too thin >> we're wearing an additional social-emotional learning for our adults, not just our students but our adults, addressing their health needs as well. >> reporter: despite it all, ms. holden still loves teaching. >> when you are in your classroom and your door is closed and you're with your students, that's the highlight of my day. >> all right one of the hollywood's biggest stars is making a big change in the wake of that deadly shooting on the set of "rust." duane johnson pledging to ban real guns from his sets after the death of cinematographer halyna hutchins johnson says he he

will use rubber guns and use special effects. up next for us, the country music stars in a vital and innovative mission to feed the people of nashville.

welcome to this world. you have some big shoes to fill. lots of new introductions. ...4 ounces... so many new toys. it's not going to be easy. but, together, we got this. kaiser permanente. thrive. back in nashville now, a booming city. yet, as we have seen elsewhere, some are left behind, including the food insecure. thanks to a reckoning in their own family, two of the city's more famous residents have adopted an idea that is helping lift their

greater nashville neighbors. from the outside it from the outside, it looks like any corner store, with fresh vegetables, canned goods and fresh picked apples but if you look closely, something's missing. cash registers welcome to the store, a nashville nonprofit that seeks to feed the food insecure. here an estimated 15% of residents need help to put food on the table. the store's two famous founders, country music star brad paisley and his actress wife kimberly williams paisley. >> can we talk about the idea behind this particular store, where it came from >> our kids were acting out a little bit, and i said to brad, we've got to get them into service. >> she's like these spoiled brats are going to volunteer somewhere right now. they need to know there are hungry people. >> so brad and kim took them to volunteer

at unity shop. a free super market in california that sparked an idea. did you understand how prevalent hunger and food insecurity was in your own community >> i knew there was definitely need, but it's not until you open something like this that you really see it. >> the store is different from a food pantry customers who can prove need are able to shop for the food they choose, from a variety of fresh, healthy choices. >> let's get a few cases of it. >> courtney, the store's executive director, knows what it's like to need help and the emotions that come with it. >> what we want families to know is that they are safe here they're valued here. that no one is going to question their food choices. >> the store opened in march 2020 four days later, the pandemic forced them to shut the door >> it's delivery day at the store and we're about to deliver. >> so brad and kim joined with volunteers to pick, pack and deliver groceries, providing meals to nearly 800 households weekly more than 1.5 million meals in 18 months. >> you know, people

were in tears. it was really a rewarding thing in the middle of one of the most challenging times we have ever seen. the store reopened to customers in july. >> so our idea is to get people back on their feet so they won't need us beyond a year >> the couple hoping to see ideas like this take off in other cities in the country. up next, i get to take the stage where some of the biggest stars have performed here in nashville.

♪ i know the love that i. >> welcome back to nashville, everyone. finally tonight many a young musician has traveled to nashville with a few dollars in their pocket, a guitar in hand, and dreams of standing on this very stage at the ryman auditorium after all, stars from elvis to johnny cash to duke ellington played here. ♪ >> music is the soul of this city, from broadway to the back allies and beyond and if these walls could talk, they'd probably sing an anthem to music history. >> this building has been and continues to be the gathering place for the city. >> the ryman auditorium was built in 1892 as a place of worship. since then, it's evolved into the mother church of country music and much more >> you name it, we've had it comedy, gospel, blues, rock 'n' roll.

>> jazz greats and rock 'n' roll legends performed here presidents attended events and those who have taken this stage, say there is no other experience quite like it. >> 1999, 2000 was the first time i ever walked out on that stage, and it's -- you're hit with the gravity of it. >> in 1943, its most famous act arrived, the grand ole opry, the show's home until 1974. ♪ my coat is many colors. >> stars like dolly parton and charlie pride made their opry debuts right here on this stage. >> johnny cash >> carried into living rooms, the opry show became america's longest running radio program, helping cement nashville's reputation as music city. ♪ my daughter. >> where we're standing is the most historical stage in country music. >> i met up with country music star michael wray. >> do you remember the

first time you played in this auditorium >> i do. you feel that energy from the men and women that made this room, what it was back in the day. >> and then grabbing our instruments, i got to experience my own ryman moment. ♪ i started to loving you. >> all right, man. >> that was great, man. >> good stuff. and michael is right. nothing like playing this stage a big thank you to everyone here at the ryman auditorium tomorrow our journey across america takes us to phoenix where we take an in depth look at the opoid crisis the changing face of the electorate, and we'll catch up with the family of that baby who was handed over a fence in afghanistan. that's "nightly news." thank you for watching please take care of yourself and each other. good night

♪ i see trees of green ♪ ♪ red roses too ♪ ♪ i see them bloom for me and you ♪ (music) ♪ so i think to myself ♪ ♪ oh what a wonderful world ♪

. i'm raj mathai. next on nbc bay area news tonight, faith, family and health. we go behind the scenes with buster posey. the giants legend opens up about his sudden retirement. we will be joined by larry baer who has three words to describe posey. and we are live at chase center, breaking down both sides of a debate. and a bay area doctor goes face-to-face with a bear inside her lake tahoe cabin. how she fought off the attack and what she's worried about now. good evening, this is nbc bay area news tonight. i'm as we spike, a sellout crowd inside chase center