The after-acquired evidence doctrine is an affirmative defense in employment litigation that employers can assert and prove at trial. In a recent decision, the Ninth Circuit tweaked this rule as it pertains to disability discrimination claims under the Americans with Disabilities Act (ADA), permitting a complete bar to liability in certain circumstances.

A recent decision by New Jersey’s Appellate Division has expanded the duties of a commercial landowner to remediate a weather-related, dangerous condition. In doing so, the opinion, written by the Presiding Judge, dismantled what it deemed to be misplaced reliance on nearly 100 years of jurisprudence.

In a further attempt to stem the spread of COVID-19, Pennsylvania now requires those businesses that are considered life-sustaining and therefore permitted to continue operating - other than healthcare providers - to follow additional social distancing, mitigation, and cleaning protocols.

On April 21, 2020, the Environmental Protection Agency and U.S. Army Corps of Engineers finalized the Navigable Waters Protection Rule, which defines “Waters of the United States," effective June 22, 2020.

In “ordinary” times, employers should tread carefully when taking employees’ temperatures. While a seemingly simple step to ensure workplace safety during the COVID-19 epidemic, there are numerous potential legal implications associated not only with the act of measuring body temperature, but also with regard to how this information is documented, stored, used, disseminated, and ultimately, destroyed.