Sub-Contractor Training

Question: We hire sub contractors and give them a 2 hour training. Are we required to pay them for the training?

Answer: Assuming that they are really sub-contractors and not employees, you are authorized to require them to be trained in order to get other work. However, the distinction between sub-contractors and employees is a tricky one, and I find that my clients sometimes think that they can treat someone as a sub-contractor when in fact that person is an employee. If the person is an employee for legal purposes (even if you call them a sub-contractor), then you will be required to follow the law regarding paying employees for work—including probably the requirement to pay minimum wage for their two hours of training.

Speak to an experienced Arizona employment attorney about your case.

Author Brad Denton Written By - Gunderson, Denton & Peterson, P.C.
Mesa Office: 1930 N. Arboleda, Suite 201 
Mesa, Arizona 85213 
Office: 480-655-7440 
Fax: 480-655-7099 
Email: brad@gundersondenton.com
Website: http://gundersondenton.com

Phoenix Office: 40 N. Central Avenue, Suite 1400 
Phoenix, AZ 85004 
Phone: 480-325-9937 
Website: http://gundersondenton.com/phoenix

Can Independent Contractors Have Their Wages Garnished?

Question: I am an independent contractor 1099 Real Estate Broker in AZ can unsecured debt credit card company collect garnishment. citibank and dillards obtained a judgment against me in 2008 for a debt default in 2005 there is a garnishment at my place of business although with 1099 IRS status I am self employed. how can they collect?…since in am self employed

Answer: A garnishment can be valid against payments to you, even if you’re not an employee. You may want to look into whether the garnishment was properly done, whether the parties named are correct, and whether other procedural issues have been followed. You might have some defenses. However, it is NOT a defense that you are an independent contractor. 

Speak to an experienced Phoenix, AZ collections attorney about your case.

Author Brad Denton Written By - Gunderson, Denton & Peterson, P.C.
Mesa Office: 1930 N. Arboleda, Suite 201 
Mesa, Arizona 85213 
Office: 480-655-7440 
Fax: 480-655-7099 
Email: brad@gundersondenton.com
Website: http://gundersondenton.com

Phoenix Office: 40 N. Central Avenue, Suite 1400 
Phoenix, AZ 85004 
Phone: 480-325-9937 
Website: http://gundersondenton.com/phoenix

Who Can Represent an LLC in Small Claims Court?

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Question: Who can represent an LLC in small claims court - Manager/Member, employees? Started out in Justice court LLC moved it to Civil court. Pretrial conference had only employees representing the LLC there.

Answer: In certain cases, a managing member of the LLC may represent the company in Justice Court pursuant to Rule 31.d.3 of the Rules of the Arizona Supreme Court. I’m not sure what you mean by “civil court,” though. If it is Superior Court, then the LLC would need to get an attorney.

Speak to an experienced Mesa, AZ litigation attorney about your case.

Author Brad Denton Written By - Gunderson, Denton & Peterson, P.C.
Mesa Office: 1930 N. Arboleda, Suite 201 
Mesa, Arizona 85213 
Office: 480-655-7440 
Fax: 480-655-7099 
Email: brad@gundersondenton.com
Website: http://gundersondenton.com

Phoenix Office: 40 N. Central Avenue, Suite 1400 
Phoenix, AZ 85004 
Phone: 480-325-9937 
Website: http://gundersondenton.com/phoenix

Effectiveness of a Personal Guarantee

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Question: What if any effectiveness does a personal guarantee have when included on a Note or Deed of Trust in Arizona? On documents pertaining to properties would the personal guarantee provide protection to us as a lender?

Answer: A personal guarantee is an important protection and I would almost always require one as a lender. However, it needs to be drafted properly and in conjunction with the other loan documents. There are specific Arizona statutes on this issue, and they must be followed, or the guarantee could be worthless.

Speak to an experienced business attorney to help you draft your documents.

Author Brad Denton Written By - Gunderson, Denton & Peterson, P.C.
Mesa Office: 1930 N. Arboleda, Suite 201 
Mesa, Arizona 85213 
Office: 480-655-7440 
Fax: 480-655-7099 
Email: brad@gundersondenton.com
Website: http://gundersondenton.com

Phoenix Office: 40 N. Central Avenue, Suite 1400 
Phoenix, AZ 85004 
Phone: 480-325-9937 
Website: http://gundersondenton.com/phoenix

Is It Possible To Achieve a Judgment Without Serving a Summons?

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Question: Is it possible for a lawyer/collection agency to achieve judgment without serving a summons? I recently got a letter from an attorney claiming that we owed a debt to an apartment complex for move out charges that we are still in dispute over. I went online to see if the attorney is legit, and found a few reviews that said he had achieved a garnishment judgment on people without even serving any papers. Is this possible? Should I be worried that he can garnish my wages? This is in the state of Arizona, I have checked the county records and there was a case entered against us nearly a month ago, but no calendar events scheduled. Should we file an answer immediately, or wait to see if we get served?

Answer: A delinquency petition is a petition that is filed by the prosecuting attorney in cases where a child under 18 years of age commits a delinquent act.

Author Brad Denton Written By Gunderson, Denton & Peterson, P.C.
Mesa Office: 1930 N. Arboleda, Suite 201 Mesa, Arizona 85213 
Office: 480-655-7440 
Fax: 480-655-7099 
Email: brad@gundersondenton.com
Website: http://gundersondenton.com

Phoenix Office: 40 N. Central Avenue, Suite 1400 
Phoenix, AZ 85004 
Phone: 480-325-9937 
Website: http://gundersondenton.com/phoenix

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The Estate’s Responsibilities to Creditors and the Basics of Transferring the Estate

Dealing with and planning for death is never an easy thing. However, it is important to plan ahead and understand the basics of transferring the estate. When considering your estate or the estate of a loved one, a few important things you should know include:

I. The State Law that Governs Wills and the Transfer of the Estate
First, it is important to understand which state law applies. Generally, the state law that applies is the state where the decedent legally executed the will or, if there was no will, the state where the decedent was domiciled at the time of death. Accordingly, Arizona law applies when there is a valid will that was created in Arizona or when the decedent dies without a will while domiciled in Arizona. The term ‘decedent’ refers to the person who died. ‘Domicile’ is determined according to the location of the decedent’s residence, where the decedent paid taxes, received mail, where he/she was registered to vote, etc.

II. The Administration of the Estate
It is also to understand the basics surrounding the administration of the estate. In Arizona, the court will either appoint a Personal Representative, or will recognize the one named as such in the will. The Personal Representative’s responsibilities include accounting for and protecting all assets in the estate, notifying creditors, and distributing the estate. The Personal Representative may receive ‘reasonable compensation’ in AZ, but it is not a percentage of the estate according to the will or state law.

III. The Order of Priority
Another important concept to understand is the order of priority in distributing the estate. Priority exists for times when the amount of the estate is insufficient to distribute to satisfy all expenses, debts, and intents from the will. The order of priority is generally as follows:

Administration of the Estate - These include administration fees, attorney fees, and any other fees necessary for the safeguard and distribution of the estate.

Statutory Allowances - When the amount in the estate is insufficient to pay out all the allowances, Arizona laws create priority among the statutory allowances. The only thing that has priority over these allowances and exemptions are the expenses to administer the estate. If there is no money remaining after one of the items, the others will not receive anything. The allowance include a Homestead Allowance of eighteen thousand dollars, a Family allowance limited to twelve thousand dollars-either paid in a lump sum or by monthly installments over a 12-month period, and an Exempt Property Allowance of seven thousand dollars.

Creditors - These are the creditors of the decedent, subject to A.R.S. §§14-3801, 14-6102, and §14-6103.

Heirs and Devisees - These are the people who are inheriting property from the decedent according to the will or state laws.

IV. The Estate’s Responsibilities to Creditors
It is also important to understand the Estate’s Responsibilities to Creditors. Upon the death of the decedent, the decedent’s debts are still valid and due to the creditors according to the order of priority already discussed. According to Arizona Revised Statutes § 14-3801, the personal representative must notify all known creditors of the decedent’s death, the appointment of the personal representative, and how to collect on the debt owed. For Unknown Creditors, the personal representative must publish notice once a week for three successive weeks in a newspaper of general circulation in the county announcing the appointment. The creditors must then present a claim within four months of the first published notice.

Seek Counsel from an Experienced Attorney


Dealing with and planning for death is never an easy thing. However, it is important to understand and plan for the disposition of property to loved ones upon such an event. Our attorneys at Gunderson, Denton, and Peterson PC can assist you with your estate planning needs.

Published By:

Gunderson, Denton & Peterson, P.C.
Brad Denton
Arizona Estate Planning Attorneys
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099
Re-Publsihed from: The Estate’s Responsibilities to Creditors and the Basics of Transferring the Estate

Related Post:

Problems With Decision-Making in an LLC

Although there are many benefits that a Limited Liability Corporation (LLC) entity may provide for your company, there is inherent potential for problems with decision-making. To avoid problems with decision-making in your LLC, it is important to be fully aware of governing laws and how they will affect your business.

How to Avoid Problems with Decision-Making in your LLC
Unlike other business entities, owners of an LLC have almost unlimited discretion to decide the roles of owners and management, specifically regarding decision-making. Owners (usually referred to as “members” in an LLC) may choose to manage the business personally, thereby keeping the decision-making power. However, they may also choose to delegate the decision-making authority to managers, those they select to run the business. In this scenario, the owners typically only vote on major decisions, such as amending the Operating Agreement or Articles of Organization, or admitting a new owner. If there are no specifics in the Articles of Organization, the default prescribed by state law is for the LLC to be member-managed.

Decision-Making problems with a Manager-Managed LLC
Creating Manager-Managed LLC with multiple owners is much like establishing a corporation with the Managers as the Board of Directors and owners as the shareholders. Typically, only major decisions, such as amending the Operating Agreement or Articles of Organization, or admitting a new Owner require votes from the owners. The managers make day-to-day operation decisions. This creates an obvious problem if a member disagrees with the decisions that the managers are making. Unfortunately, in a Manager-Managed LLC, the members usually must file a derivative suit in order to overthrow a decision, similar to shareholders against the board of directors in a corporation.

Decision-Making problems with a Member-Managed LLC
Choosing a Member-Managed LLC may create problems with decision-making as well. In a Member-Managed LLC, each member has equal rights, a majority of the votes wins, and each member is responsible for the day-to-day operations. The default rules give each member equal voting and decision-making rights, irrespective of ownership percentage. You can imagine the problems that may arise when there are multiple owners and major decisions to be made under the default rules. This problem may be avoided by allocating rules about voting and decision-making in the Operating Agreement and Articles of Incorporation.

Solutions to Decision-Making Problems in an LLC
Solutions to avoiding these decision-making problems include defining the decision-making powers and roles carefully in both the Operating Agreement and the Articles of Organization at the creation of the LLC. You may choose to be Member-Managed LLC, you may elect the members as managers, or you may define voting rights and decision-making rights differently. Creating an LLC Operating Agreement specific to your company’s unique needs and circumstances will provide effect long-term protection to your business strategies and results. Our Phoenix Arizona business lawyers at Gunderson, Denton & Peterson can further ensure that you create your LLC in the way most advantageous to you and your specific goals with the company.

Published By:

Gunderson, Denton & Peterson, P.C.
By
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099
Related Posts:

Finance Options for Your Business
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Questions Businesses May And May Not Ask Prospective Staff In An Job Interview

Questions Businesses May And May Not Ask Prospective Staff In An Job Interview
Employment anti-discrimination laws prohibit employers from asking interview questions that discriminate illegally. Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of race, color, religion, sex, disability, age or national origin. The EEOC (U.S. Equal Employment Opportunity Commission), created by the Civil Rights Act of 1964, enforces these laws. This protection against discrimination extends to hiring, firing, promoting, setting wages, testing, training, and all other terms of employment. Accordingly, certain questions asked during interviewing may be discriminatory, and consequently, the interviewing employer may be vulnerable to discrimination suits. To interview effectively, employers should know these discriminating questions and possible alternatives to avoid such liability.

Questions to Avoid
Employment anti-discrimination laws prohibit employers from asking direct questions about race, color, sex, religion, national origin, birthplace, age, disability, and marital or family status. Some examples of questions employers should not ask are:

Race, Color, Religion, National Origin:
Are you a U.S. Citizen?
Where did you grow up?
Will you need personal time for particular religious holidays?

Age:
When did you graduate from high school?
Are you comfortable working with co-workers older/younger than you?
How long do you plan to work before you retire?

Gender & Family Status:
How many children do yo have? How old are your children?
What arrangements are you able to make for childcare while you are at work?
Do you have plans to have children soon?
What does your spouse do for a living?
Are you comfortable working for a female boss?

Disability:
Do you have any visual, speech, or hearing disabilities?
Are you planning to have a family and when?
Have you ever filed a workers’ compensation claim?
Have you had any serious illnesses in the past year?
How many days of work did you miss last year due to illness?

Possible Legal Alternative Questions:
Rather than asking directly about race, color, religion, national origin, age, gender, family status or disability, the focus of the questions should be on behaviors, skills and experience needed for the position. The questions should be used to discover and predict job-related performance of the potential employee, rather than discovering personal information. Some examples of possible legal alternative questions are:

Race, Color, Religion, National Origin:
Are you authorized to work in the United States?
Do you have any language abilities that will benefit you in this job?
Are you part of any professional or trade groups or other organizations that you consider relevant to your ability to perform this job?
Are you available to work on Saturdays or Sundays?

Age:
Are you over the age of 18?
Can you provide proof of age after employment?

Gender & Family Status:
Would you be willing to relocate if necessary?
Do you have any restrictions in your ability to travel?
Do you have any responsibilities or commitments that will prevent you from meeting your specified work schedules?

Disability:
Are you able to lift 40 lbs and carry it 100 yards, as that is part of the job?
Are you able to perform the essential functions of this job with reasonable accommodations?

Employers should know what questions may and may not be asked according to employment laws. Rather that direct questions regarding race, color, religion, national origin, age, gender, family status, or disability, the questions should focus on skills, behavior and experience needed for the position. Our Mesa employment lawyers at Gunderson, Denton & Peterson, PC can assist you with employment and other business related matters.

Published By:
Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099
Re-Published from: http://gundersondenton.com/employment/questions-employers-potential-clients-interview/


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Despite the Lessons Presented from Arizona’s SB 1070, Georgia Passed its own Version, HB87

Despite the lessons presented from Arizona’s SB 1070, Georgia passed its own immigration reform bill, the Illegal Immigration Enforcement Act, HB 87. Although moral and political issues are at the forefront, the detrimental impacts on Georgia’s economy may exceed the negative affects of Arizona’s SB1070.

Similar to Arizona’s SB 1070, Georgia’s HB 87 makes it a crime to knowingly harbor or transport undocumented immigrants, imposes harsh penalties for providing false papers to undocumented immigrants, orders law enforcement to check the immigration status of anyone they “reasonably suspect” to be in the country illegally, and expands the requirement for employers to use the federal E-verify system, which checks the work eligibility of employees.

Many criticize Georgia for not learning the lessons Arizona’s SB 1070 has presented us, and further predict that the Georgia immigration bill will bring similar detrimental impacts, just as Arizona’s SB 1070 has. After passing SB 1070 in April of 2010, Arizona lost an estimated $141 million dollars from cancelled conferences, $250 million in lost economic output, a projected $86 million in lost wages, 2,800 jobs over the next two to three years, and more than $1 million the state spent in legal fees defending the law.

Modeled after Arizona’s SB 1070, Georgia’s HB 87 provided a similar outcry of opposition. Costly litigation ensued. Several provisions were found unconstitutional. Many argued that Georgia would subject itself to the same negative financial effects that befell Arizona after enacting SB 1070. The major financial concern is the negative impact on Georgia’s agricultural industry due to the reduction in migrant workers (both documented and not). Notwithstanding arguments of moral and ethical issues, and projected negative affects to the agricultural industry in Georgia, Governor Nathan Deal signed the bill into law on May 13, 2011, with an effective date of July 1, 2011. The E-Verify requirement for employers went into effect on January 1, 2012.

Although it is too soon to see all the damage the HB 87 will cause in Georgia, there are already strong indicators of detrimental effects. The Center for American Progress released a report stating that Georgia’s economic losses will be at least as serious as what Arizona suffered, and projects the losses to continue to grow over the coming years. The study predicts four key detriments:

* Farmers will likely replace the absence of migrant workers with mechanized processes. As a result, $800 million per year could be lost.

* Due to resource discrepancies between larger and smaller farmers, the loss of migrant laborers will affect smaller farmers more severely.

* Loss in the state’s agricultural sector will have negative financial impacts across all industries. This will lead to an increased unemployment rate statewide.

* Changes in Georgia’s agricultural industry will have negative affects across the country, including higher food prices and possible issues with food safety.

Despite the effects from Arizona’s SB 1070 and other legislative history, Georgia farmers and Americans around the country may shortly see the harm of lessons taught, but not learned. Although moral and political issues are at the forefront of immigration reform, the detrimental impacts on the economy may prove the biggest impacts of Georgia’s Illegal Immigration Enforcement Act, HB 87. 

While politicians continue to attempt to pass immigration reform, qualified Phoenix Arizona Immigration Attorneys remain the best source to learn what options are available now for both employers and workers who wish to protect their interests and secure their lawful status in the United States.

1) In Georgia, Politics Trump Common Sense on Immigration; Leaving “Wisdom, Justice and Moderation” Behind, 4/15/2011. Immigration Policy Center, American Immigration Council.

2) How Georgia’s Anti-Immigration Law Could Hurt the State’s (and the Nation’s) Economy, Center for American Progress, Tom Baxter, October, 2011. 

Published By:

Gunderson, Denton & Peterson, P.C.

1930 N. Arboleda, Suite 201

Mesa, Arizona 85213

Office: 480-655-7440

Fax: 480-655-7099

http://blog.arizonaimmigrationlawyeraz.com/lessons-presented-arizonas-sb-1070-georgia-passed-version-hb87/

For more on Arizona immigration law see: 

Family Based Immigration Lawyers

Comprehensive Immigration Reform Act of 2011 Introduced: An Attempt to Fix a Broken Immigration System

Arizona Estate Planning: What are the risks of making your own paperwork?

With the help of web based tools and textbooks, thousands of people bypass law offices to create their own wills, powers of attorney as well as other estate planning forms. The advantages and disadvantages of making your own legal paperwork without specialized help fluctuate by person. For people who have complicated family or legal situations concerning young children from different spouses or major wealth, professional help is essential. For young, single men and women with somewhat easy necessities, few belongings and no complicating elements there’s room for difference of opinion.

Generally even in very easy conditions, folks make a few mistakes when they fill out their own forms. Folks often get a false feeling of protection from generating their own legal forms, where answering one question wrongly or overlooking something such as employing a guardian for kids or not planning on a successor; future needs and problems can result in big troubles in the future.

Experienced Mesa Arizona estate planning attorneys are aware of the things to ask, and know what to do with the answers.

Without an estate planning attorneys assistance, you may not understand the technical but significant terms of significant paperwork. Consequently, you might mistakenly give a person more power than you intend to at the wrong time when producing a “durable power of attorney” record, for instance. That record essentially gives someone else the ability to look after your finances. If that particular person isn’t trusted, he or she may steal from you. If the file isn’t done adequately or doesn’t have specific required language then it might not be legitimate.

An additional danger is when it comes to transferring your property to your meant beneficiaries after you die, a self-written will may possess omissions or statements that lead to accidental outcomes. Without the help of an estate planning law firm, a person might not prepare for contingencies like being pre-deceased by children, divorce proceedings, or the births of new kids, unknown collectors of recipients, etc.

In the event you don’t think you can pay for an elaborate estate plan at present, get started with what you can afford. After that, let your planning develop and expand as your desires change and your financial situation improves. Don’t attempt to do this yourself to lower your expenses. A skilled Arizona estate planning attorney will provide critical assistance and reassurance that your precise plan fits your wants.

* This blog is written by a third party and nothing in this blog should be taken to constitute professional advice or a formal recommendation and we exclude all representations, warranties, legal liability or responsibility relating to its content. The information in this blog is for general information purposes only.