Potential Issues in Evaluating DMV Bond Claims in Utah

Over the last several years, Faux Law has litigated and evaluated multiple claims against Utah DMV dealer bonds, and this article will address common issues and problems which have arisen in those claims and cases. As is the case with regards to other types of bonds, evaluating these claims is hampered by some ambiguity in … Continue reading “Potential Issues in Evaluating DMV Bond Claims in Utah”

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New Paid Leave Law

Private businesses with 50 or more employees need to be aware of the changes in Paid Leave laws that became effective on January 1, 2020 under the SB312. Here are some of the main points: The paid leave is calculated as set forth in NRS 608.0197(1)(b). An employee is entitled to at least 0.01923 hours … Continue reading “New Paid Leave Law”

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AB 421, 2019 Construction Defects Legislative Changes

By Kurt Faux On June 3, 2019 Governor Sisolak signed AB 421 into law. While AB 421 retains some of the 2015 reforms, a number of significant changes have gone into effect on October 1, 2019. AB 421 amends provisions of Nevada Revised Statute 11 and 40. Here is the legislative modifications of the enrolled act. … Continue reading “AB 421, 2019 Construction Defects Legislative Changes”

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Potential Issues and Pitfalls in Handling Union Trust Fund License Bond Claims in Nevada

By Kurt Faux & Willi Siepmann Among the most difficult contractor’s license bond claims to handle and evaluate in Nevada are the ones by union trust funds. These trust funds typically administer the benefits which the union negotiates with the contractor pursuant to a collective bargaining agreement, and may include such benefits as health care, … Continue reading “Potential Issues and Pitfalls in Handling Union Trust Fund License Bond Claims in Nevada”

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Pay for Holidays and Overtime Work

By Kurt Faux Many employers wonder what the law is for holiday and overtime pay. Here we will highlight the law applicable to both:  Federal Holidays The Fair Labor Standards Act (29 U.S.C. § 203) requires that contractors and subcontractors pay only for time worked. Employees are not entitled to overtime payment or payment at … Continue reading “Pay for Holidays and Overtime Work”

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Statute of Limitations and the Utah Contractor License Bond

There is no statutory limitation provision specific to the CLB (Contractor License Bond) and the Utah Supreme Court has not addressed this issue. At least three statutes of limitation potentially apply: 78B-2-305.  Within three years. “An action may be brought within three years: (4) for a liability created by the statutes of this state, other … Continue reading “Statute of Limitations and the Utah Contractor License Bond”

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Do I have to pay employee travel time in Nevada?

Jordan Faux answers the question in this short video:

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The Nevada Motor Vehicle Warranty that Survives the “As Is” Dealer Sale

Does an “As Is” sale absolve the used car dealer of any and all warranties in Nevada?  The short answer: No. The “As Is” sale by a used car dealer eliminates implied warranties such as the implied warranty of merchantability and the implied warranty of fitness for a particular purpose.  However, the “As Is” sale … Continue reading “The Nevada Motor Vehicle Warranty that Survives the “As Is” Dealer Sale”

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“We Cannot Pay You Because We Haven’t Been Paid”

Pay-if-Paid Clauses are Unenforceable in Nevada Many subcontracts submitted to subcontractors by general contractors (“GC”) contain so-called ‘pay-if- paid’ clauses, which essentially tell the subcontractor that he will get paid by the GC only after the GC has been paid by the project owner for the work performed by the subcontractor. The Nevada Supreme Court … Continue reading ““We Cannot Pay You Because We Haven’t Been Paid””

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The Continued Expansion of the Nevada DMV License Bond Statute

In 2017, the Nevada Legislature expanded the scope of the DMV Bond Statute to cover additional statutory causes of action. Before, the bond covered breach of a consumer contract, deceptive trade practice, fraud, fraudulent representation, and statutory deceptive trade practice as defined in NRS 598. The Bond statute now also covers violations of any of … Continue reading “The Continued Expansion of the Nevada DMV License Bond Statute”

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