Joshua M. Davis

Joshua M. Davis

Director
+1 617 574 4110
Share
Joshua M. Davis

Blog Posts: Retail Law Advisor

Visit the Full Blog

This blog keeps you connected to timely developments and emerging issues in retail law and covers a wide range of topics related to the retail, restaurant and consumer industry. We invite you to learn more about Goulston & Storrs and our Retail, Restaurant & Consumer Group.

It’s Time to Give Your Hiring Processes a Check-up. Are They Compliant?

As your prospective employees are brushing up on their interview skills, it’s also a good time to ensure your hiring practices and procedures are in order.  A regular review of employment application processes will keep them up-to-date. Scheduling time with hiring managers and Human Resources to freshen up interviewing...
Go

Massachusetts Expands Parental Leave Rights

Effective April 7, 2015, Massachusetts employers with six or more employees must provide childbirth leave on a gender neutral basis.  Under a new Parental Leave Act law (“PLA”) signed by former Governor Deval Patrick on the day before he left office, Massachusetts men will now be guaranteed eight weeks...
Go

Hostile Doesn't Mean MEAN: Understanding Employment Law

Dealing with employees also means dealing with their misconceptions about employment law. This blog entry highlights some of these misconceptions and reminds employers of the significance of employment at will. Notwithstanding misunderstanding to contrary, it is still generally and genuinely the case that an employer can fire an employee...
Go

Spring Cleaning: Dealing with Increased Sexual Harassment Claims

Employment lawyers deal with more claims of sex harassment in the spring than at any other time all year (with the possible exception of the weeks immediately following company holiday parties). Whatever the reason, this is the time of year when employers are particularly worried about vicarious liability under...
Go

Naughty or Nice? Criminal Background Checks for Seasonal Employees at the Top of the List

The recent story of a Mall Santa accused of sexually assaulting an 18-year-old coworker at the Hanover Mall in Massachusetts highlights the potential pitfalls of hiring for the holiday season. In this case, the seasonal employee was subjected to a criminal background check and had no criminal record. That said,...
Go

New Laws Prohibit Employers from Requiring Access to Applicants’ Private Information

Most job applicants maintain one, if not several, social media accounts. Many employers now routinely review available social media resources when making employment decisions. This trend, together with cautions and advice, is the subject of previous blog entries . Today's topic is a little different. New Jersey recently became...
Go

Risk/Reward: Should Employers Rely on the Internet When Making Hiring Decisions?

By now, we all live with the understanding that the Internet will allow potential employers to learn something about us. Whether it is information on Facebook, LinkedIn, Twitter, or MySpace, most of us have left cyber footprints through which people around us form impressions of who we are. Often,...
Go

Scrutiny of Databases that Track Private Records of Employee Wrongdoing

Massachusetts recently changed the law governing access to criminal offender record information or CORI to insure that job applicants have an opportunity to find work without suffering unduly from past criminal misconduct. Employers often conduct background checks as part of pre-employment screening. The results of these checks, and other...
Go

Working With a Complainer: Avoiding Claims for Retaliation

Like most businesses, retailers sometimes face claims of employment discrimination from current employees. Many times those claims are made against individual supervisors as well as against the business itself. Often, the claims are filed by current employees who continue to work after complaining, in a very personal way, about...
Go