In a recent decision by the Berkshire Superior Court, the Law Offices of Sherwood Guernsey obtained judgment for its client against a home contractor under the MA consumer-protection statute.   The Law Offices of Sherwood Guernsey represented the homeowner who alleged that a contractor he hired to perform multiple projects at his house caused damage [...]

With Facebook, Twitter, YouTube, and every other forum for speech on the world wide web, employers and employees are forced to consider what is appropriate to say about the workplace on social media.    But what kind of social media speech about the workplace is protected, and what kind is not?   The National Labor [...]

In a recent decision by the Berkshire Superior Court, the Law Offices of Sherwood Guernsey obtained judgment for its client for the wrongful demolition of its property by the City of Pittsfield.  The Law Offices of Sherwood Guernsey represents a corporation in a suit against the City of Pittsfield (“Pittsfield”).  Pittsfield had demolished the corporation’s [...]

In Massachusetts Commission Against Discrimination and Janice Switzer v. Office Max, Inc. Docket Number 07-BEM-00737, the MCAD awarded the Complainant, Janice Switzer (“Ms. Switzer”), over $1.5 Million. The MCAD found Ms. Switzer’s position with Office Max, Inc. was eliminated “to punish her for complaining about gender disparities and for not quietly accepting less remuneration than [...]

In a recent decision by the Berkshire Superior Court, the Law Offices of Sherwood Guernsey obtained judgment for its clients on all counts in a complex, multi-year, dispute over a family Limited Partnership.  The Law Offices of Sherwood Guernsey represented the Limited Partnership, as well as the General Partner, in a complex case involving estate [...]

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 [...]

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, [...]

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 [...]

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 [...]

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 [...]