In January 2020, California Labor Code §2750.3 will take effect, establishing – and further defining – the guidelines for determining who is an employee and who is an independent contractor in California. These guidelines, and their necessary implications, will affect the rights, benefits and protections that inure to those working and those for whom they work.

A recent appellate decision has clarified the requirements of expert designation in civil cases and has reiterated a party’s statutory right to disclose supplemental or rebuttal experts. In a broader sense, however, the court’s decision reminds practitioners that litigation should not be a game of surprise or gamesmanship and that the Discovery Act is meant to bolster this policy in California.

California AB2770, effective January 1, 2019, was highly publicized as part of the #metoo movement to protect employees from being sued for defamation when they accuse someone of inappropriate behavior. However, AB2770 also protects employers. This article contains information of particular interest to California employers.