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Gibson Dunn | California Attorney General End of Term Update

January 25, 2021
Introduction
In December 2020, California Attorney General Xavier Becerra was announced to be President-Elect Joseph R. Biden, Jr.’s pick to lead the Department of Health and Human Services. The California Attorney General’s Office is the second largest Justice Department in the United States, second only to the U.S. Department of Justice, and California Attorney General Xavier Becerra was the first Latino Attorney General in California’s history. Before becoming the Attorney General of California, Becerra had a 24-year career in the U.S. House of Representatives.[1] In 2017, Governor Jerry Brown appointed Becerra to the last two years of Kamala Harris’s term as Attorney General, after she won election to the United States Senate. Now, Governor Gavin Newsom will appoint a successor to complete the remaining two years of Becerra’s term, assuming he is confirmed by the U.S. Senate.[2] ....

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California Assembly passes resolution supporting the removal of Donald Trump from office

According to the official California Legislative Information webpage, the California Assembly today passed a resolution calling for the removal of Donald Trump from the Office of the President of the United States of America.
The resolution, HR 7, lists three possible ways to Constitutionally remove Trump: Trump resigns; Vice President Pence and a majority of the Cabinet invoke the 25th Amendment; or the House of Representatives impeaches Trump.
Here is the text:
WHEREAS, President Donald J. Trump’s actions incited a deadly insurrection that attempted to prevent the peaceful transfer of power at the United States Congress on January 6, 2021; now, therefore, be it ....

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Senior care advocates worry about patient consent for COVID-19 vaccinations

Residents and workers at the county’s long-term care facilities will begin receiving the COVID-19 vaccine in the coming weeks, but there are questions as to whether they have the right to refuse it and what to do for those unable to decide for themselves.
Thus far, 230 skilled nursing facility residents and staff have died from the novel coronavirus in San Diego County, including 22 deaths since Dec. 2 reported by county officials Wednesday.
Long-term care facilities have the legal ability to mandate vaccinations among both staff and residents, said Philip Lindsley, a founding attorney at the San Diego Elder Law Center. ....

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New Laws and Requirements for California Employers Effective January ...

New California employment and labor-related legislation signed into law in 2020 by Governor Gavin Newsom will become effective January 1, 2021. Employers should review new laws and requirements and prepare to update practices and policies related to minimum wages and agricultural overtime, expanded family leave requirements, pay data reporting, and wage claim arbitration.
In addition, significant new California requirements for employers related to COVID-19 have been issued this year in the form of Executive Orders by Governor Newsom, legislation signed in September (some bills took effect on signing, and some will take effect 1/1/2021), and emergency temporary regulations and standards developed and approved by Cal/OSHA that took effect November 30, 2020. COVID-19 employer requirements have been the subject of recent articles posted on winebusiness.com, updates and legal advisories from law firms, and documents and advisories from state agencies. Links for more det ....

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