About Judy Malmon, J.D.

Judy Malmon, J.D. Articles written 163

Judy Malmon has blended law and writing throughout her career. She got her J.D. from University of California, Davis and practiced elder and disability law in California and Minnesota. She honed her writing by drafting appellate decisions in a nationwide class action, writing blogs for law firms, and writing for Westlaw. She loves digging into everyday legal questions, deciphering the complexities of law, and telling personal stories.

Articles written by Judy Malmon, J.D.

Busted for Driving High in Oregon?

Legalization of marijuana does not make impaired driving legal

The legalization of recreational marijuana in Oregon has made its use more common. But, as with alcohol, its legality does not make it acceptable or safe to operate a vehicle while impaired. But while breath tests can measure a person’s blood alcohol content (BAC), impairment from cannabis can be difficult to assess accurately or efficiently. There is no breathalyzer for THC (the intoxicant in marijuana) and even if there was, the drug can affect people very differently. Under Oregon law, …

Suing for Pregnancy Discrimination

Losing your job due to pregnancy is not allowed, and complications must be accommodated

Sexual harassment and employment discrimination have become far more scrutinized following the #MeToo movement, with both awareness and legal claims on the rise. One lesser-known corner of gender-based discrimination is against pregnant women. Adverse employment actions taken against pregnant employees (or those who have just had a baby) are prohibited by several federal anti-discrimination laws, including: Title VII of the Civil Rights Act of 1964; Pregnancy Discrimination Act of 1978 (PDA); …

Is a Restaurant Liable for Allergens in Food?

Legal advice if you have an adverse reaction in Illinois

You’ve probably noticed that food allergies have been on the rise in recent years. Peanut, milk, tree nut, shellfish allergies and celiac disease have all seen an increase in incidence as well as an accompanying elevation in public consciousness. While some intolerances can trigger relatively mild reactions, others are severe allergic reactions and can be life-threatening, even from trace amounts. According to the Centers for Disease Control, food allergies are responsible for approximately …

Can My Employer Dictate What I Wear at Work?

Generally, yes, though there are limits to setting dress code policies

What you wear at work may seem like your business and not your boss’s, but unless you’re working from home, your employer has legitimate reasons to care about your appearance. As a general rule, an employer is entitled to state requirements and restrictions regarding an employee's dress code, such as a specific uniform or level of professional attire. An employer is entitled to expect certain standards of hygiene, appropriateness, and professionalism while staff are on the clock …

Your RV Has Its Own Warranty—and Legal Issues

Warranties, sales and lease fraud, and deceptive practices in Ohio

Recreational vehicles, which include motorhomes and trailers, have become a huge market in the states. Approximately 6.75 million households reported being an RV owner, and the industry claimed sales increases of 15 percent over the previous year. And, contrary to what you might think, buyers are getting younger: more than half are under the age of 45. With the surge in RV ownership has come all the accompanying things that can go wrong with an expensive auto purchase—everything from engine …

Driving Under the Influence of Marijuana in California

Legalization is not a pass to drive stoned

The legalization of cannabis in California has made the use of marijuana more common. But, as with alcohol, its legality does not make it acceptable or safe to operate a motor vehicle while impaired. That said, impairment from marijuana can be a pretty tricky thing to assess accurately, efficiently, or even-handedly. While the influence of alcohol can be measured by blood alcohol content (BAC) using a breath test, blood test, or other chemical tests, there is no breathalyzer for …

To Victims of Sexual Assault: Please Seek Legal Help

Navigating the legal system with strong legal representation

Sidney Royer, a Seattle-based victim’s rights and personal injury attorney, sees high-profile sexual assault convictions such as the one against Bill Cosby in 2018 as “another wakeup call for women and men who were victims of sexual crime. If someone could come forward against Bill Cosby, I think it makes it easier for people to discuss their own situation... If it could happen with him, other people less wonderful could be just as terrible.” Royer represents victims of violent crimes in …

Are You Working After Punching Out?

California wage laws may not recognize federal ‘de minimis’ exception

If a speck of coffee grounds falls on the counter, does it make a sound? What about when you multiply that single bit by 2,874? That’s the number of Starbucks coffee shops in the state of California, and, theoretically, roughly the number of hourly employees required to perform certain end of the day closing shift duties after they’ve mandatorily clocked out for the day. They should receive overtime pay. FLSA ‘De Minimis’ Rule In Troester v. Starbucks, Inc., a former Starbucks employee …

What Is Fee-Shifting?

The growing trend among attorneys may save Ohioans a boatload in legal fees

Common perception holds that lawyers are money-sucking predators, charging exorbitant rates to fuel extravagant lifestyles. And to be fair, in every stereotype there resides some nugget of truth. However, the reality is that most attorneys get into the profession as a means to help others. Yes, they like to keep the lights on and feed their kids, but getting rich is not necessarily the driving force. Lawyers get that lawyers are expensive for regular folks. With the goal of making legal …

Can a Business Provide Your Private Information to ICE?

Yes, and though it’s against the law, illegal immigrants in Washington may still be deported

According to a lawsuit brought by the Washington Attorney General’s Office, six Seattle area Motel 6 locations gave ICE agents guests’ full names, driver’s license numbers, phone numbers, license plate numbers, and the room number in which they stayed from 2015 to 2017. The data of more than 9,000 guests was then allegedly used by the agents to target individuals for detention, singling out those with Latino-sounding surnames. If the allegations are true, this was without guests’ …

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