Hot Topics

Did you know that you can be found liable for disability discrimination against an employee who is not disabled?
The 1st U.S. Circuit Court of Appeals (the “Court of Appeals”) recently reminded us of this somewhat counter-intuitive concept in its decision in Roman-Oliveras, et. al. v. Puerto Rico Electric Power Authority (PREPA), et. al., Docket Number [...]

Undocumented Immigrants Are Entitled to Unpaid Wages
Under the Federal Minimum Wage and Overtime Laws
In a question of first impression in the 1st Circuit, Justice O’Toole of the Federal District Court in the District of Massachusetts, held that “the plaintiffs’ immigration status is irrelevant to their FLSA claim.”  That means that even undocumented immigrants, often called [...]

Lessons from Diaz v. Jiten Hotel Management, Inc.; an Age Discrimination Case
Do your employees know that they should not tell other employees that they are “getting old”? 
In a recent Massachusetts case, a supervisor called other employees things like an “old pumpkin”, an “old shoe”, or an “old hankie”? 
These are some of the things the [...]

On March 16, 2011 changes to the Homestead Act (M.G.L. C188 §1) will take effect, offering sweeping new changes to benefit homeowners, protecting them against creditors, (other than their mortgage lender).
Some of the new changes for the protection of your home can be summarized as follows:
1.   New Automatic Protection.       All Massachusetts homeowners will receive [...]

Certain provisions of the Medicare, Medicaid and SCHIP Extension Act of 2007 came into effect with the New Year.  Beginning on January 1, 2011, insurers must report any loss payment that is made to a Medicare beneficiary that “does or could” include compensation for medical treatment and ongoing responsibility for medical treatment. 
The report must include [...]

Governor Patrick has signed into law “An Act Further Regulating Workers’ Compensation,” also known as the Workers’ Comp Private Right of Action Bill (“PRA Bill”).
The PRA Bill creates a private right of action for employees and business competitors against employers that fail to pay their workers’ compensation insurance premiums. 
As was previously the case, the Massachusetts [...]

It is with great pleasure that the Law Offices of Sherwood Guernsey, P.C. announces a new homebuyers program.
 The economy has still not recovered and the real estate market reflects that fact.  In light of this difficulty, our office wants to give your clients some added value when they purchase a home.
 Therefore, in the spirit of [...]

There are five recent changes to employment law that employers should know about and may require some changes to the way you conduct business.

Last week, the Supreme Judicial Court in Papadopoulos v. Target Corporation abolished the so-called “natural accumulation” rule that had controlled Massachusetts slip-and-fall cases involving snow and ice since 1883.
The “natural accumulation” rule meant that Massachusetts property owners were not liable for injuries resulting from the natural accumulation of snow and ice on their properties. For example, [...]

 In a recent decision from the Federal District Court in Manhattan, District Court Judge Shira Scheindlin dismissed a multimillion dollar False Claims Act complaint a purported whistleblower brought against Glenn Gardens Associates, a residential apartment complex located in Manhattan’s Upper West Side.
Attorney Sherwood Guernsey represent Glenn Gardens Associates, and together with local counsel , attorneys [...]

Recently, the Supreme Court unanimously ruled that a California police department did not violate the fourth amendment privacy rights of an employee when the police department audited the content of text messages stored on a pager the city had issued him.  This decision could affect the manner in which employers monitor the digital communications of [...]

Attached is an article from the New York Times, detailing the story of Dan L. Duncan, a Texas billionaire, who died in March 2010.  Because the federal estate tax has been repealed, effective this year and not renewed, Mr. Duncan will be able to pass his multi-billion dollar fortune to his family without paying an [...]