News and Insights2024-05-22T12:51:44-07:00

News and Insights

Frank Chmelik & Jon Sitkin selected to 2022 WA Super Lawyers list

Over the past thirty-eight years, the lawyers of Chmelik Sitkin & Davis have built a reputation for offering dependable, high-quality service to various individuals, corporations, and municipalities alike throughout Washington. While our CSD team continues to grow, we continue to hold the same values which have made our firm [...]

August 29th, 2022|

CSD Spotlight

Chmelik Sitkin & Davis is pleased to announce that Tim Schermetzler and Matt Paxton have become Principals. Tim focuses on municipal law, construction, land use, real estate, and litigation.  He joined Chmelik Sitkin & Davis in 2015 shortly after graduating from Gonzaga University School of Law. Matt’s practice focuses [...]

May 12th, 2022|

Chmelik Sitkin & Davis P.S. Welcomes Attorney Lily K. Hubbard

Lily is a graduate of the University of Washington School of Law, where she was a member of the Moot Court Honor Board and Associate Editor-in-Chief for the Washington International Law Review. Lily also gained invaluable experience while externing with the Honorable John C. Coughenour. Prior to joining Chmelik [...]

May 12th, 2022|

An End of the Eviction Moratorium is Near But More New Rules are on the Horizon for Landlords

After more than a year of operating under the Governor’s Evictions and Related Housing Practices Proclamation 20—19 et seq. (the “Governor’s Proclamation”), which significantly restricted residential landlords’ ability to raise rent, enforce rules, remove tenants, and collect delinquent rent and fees, there is some light at the end of [...]

May 20th, 2021|

The Transition to In-Person Meetings under Washington’s Phase 2

Governor Inslee has advanced most of the State’s regions into Phase 2 under the Healthy Washington Roadmap to Recovery plan. What does this mean for public agencies and how does this affect Open Public Meetings Act (“OPMA”) requirements? The latest Proclamation regarding the OPMA is Proclamation 20-28.15, which extended [...]

March 2nd, 2021|

Mandatory COVID-19 Vaccination

Mandatory COVID-19 Vaccination *Updated April 8, 2021 With COVID-19 vaccination becoming more widely available, employers have started asking whether they can require employees to be vaccinated.  The answer is yes, with certain limitations.  For example, the employer may need to provide reasonable accommodations in the case of a disability or [...]

February 1st, 2021|

BREAKING NEWS: SBA MODIFYING PPP RULES

On Monday, June 8, 2020, the Small Business Administration (SBA) issued a statement that they will be modifying the Paycheck Protection Program (PPP) to align with Congress’ amendments in the Paycheck Protection Program Flexibility Act. Take away:  The bottom line is that SBA will be issuing rules and guidance, a [...]

June 9th, 2020|

Paycheck Protection Program Rules Need Monitoring

Late last week the IRS issued a rule that no deduction is allowed under the Internal Revenue Code for an expense that is otherwise deductible if the payment of the expense results in forgiveness of a covered loan pursuant to section 1106(b) of the Coronavirus Aid, Relief and Economic Security [...]

May 4th, 2020|

Business Interruption Insurance for COVID-19 Claims

So, your business has shut down because it does not fall into one of the “essential” categories described by the State of Washington as it relates to the COVID-19 outbreak.  Your company has business interruption insurance but your broker has told you that it will not cover your lost business [...]

April 21st, 2020|

Federal Assistance Available to Businesses Under the Coronavirus Aid, Relief and Economic Security (CARES) Act

Many clients have asked about the Coronavirus Aid, Relief, and Economic Security (CARES) Act and how their business may access the benefits.  This memorandum provides some basic direction.  We have provided a series of “Observations” which are insights from our firm that you may find helpful.  If you would like [...]

April 6th, 2020|

Employer Alert – Significant Restrictions on Noncompete Agreements to Take Effect January 1, 2020

ESHB 1450 was just signed into law in an effort to increase workforce mobility.  This law significantly restricts the ability of employers to impose noncompetition restrictions on employees and independent contractors.   It also restricts employer’s ability to prevent “moonlighting.” The law takes effect January 1, 2020, but it applies [...]

September 11th, 2019|

Paycheck Protection Program Rules Need Monitoring

Late last week the IRS issued a rule that no deduction is allowed under the Internal Revenue Code for an expense that is otherwise deductible if the payment of the expense results in forgiveness of a covered loan pursuant to section 1106(b) of the Coronavirus Aid, Relief and Economic Security [...]

May 4th, 2020|

Proclamation 20-46: High-risk Employee – Workers’ Rights

On April 13, 2020, Gov. Jay Inslee issued Proclamation 20-46 giving high-risk employees’ rights and protections related to the COVID-19 disease. High-risk employees are those identified by the Centers for Disease Control and Prevention at higher risk of severe illness or death from COVID-19, including those over 65 years of [...]

April 17th, 2020|

Avoid Costly Reporting Mistakes with Workers’ Compensation

All Washington businesses insured by Workers’ Compensation administered by the Department of Labor and Industries (L&I) pay premiums based on rates that vary by “risk classification.” L&I has identified over 300 risk classifications, which they use to reflect the estimated cost of insuring work in each particular class.  Each year, [...]

March 12th, 2020|

Updates to FLSA Exemptions

Exempt employees are not entitled to receive overtime.  Employers need to be aware of changes at both the state and federal level regarding exempt employees.  To be exempt, an employee must meet a three part test: (1) the salary basis test – the employee must be paid a predetermined and [...]

January 3rd, 2020|

Most Washington Employees Will Soon Be Eligible for Paid Family and Medical Leave

Effective January 1, 2020, most Washington employees will become eligible to receive benefits from Washington’s Paid Family and Medical Leave (“PFML”) program, Title 50A RCW.  The PFLM program is an insurance program administered by the Employment Security Department (the “ESD”) that gives a partial wage replacement and other benefits to [...]

January 3rd, 2020|

Employer Alert – Significant Restrictions on Noncompete Agreements to Take Effect January 1, 2020

ESHB 1450 was just signed into law in an effort to increase workforce mobility.  This law significantly restricts the ability of employers to impose noncompetition restrictions on employees and independent contractors.   It also restricts employer’s ability to prevent “moonlighting.” The law takes effect January 1, 2020, but it applies [...]

September 11th, 2019|

January 2024 Knowing the Waters

In communities across the State, port districts are working on significant projects that benefit their communities such as expanding broadband service, marina improvements, development of marginal lands into business parks, to name a few.

January 26th, 2024|

November 2023 Knowing the Waters – Free Speech

We were recently asked about the ability of protestors coming to a port district to protest the handling of a certain type of cargo at a port shipping terminal (we don’t know the nature of the cargo). The subject of this month’s column is port districts and use of port property for speech related activities.

December 13th, 2023|

October 2023 Knowing the Waters

Back in July 2020, in the early months of the COVID-19 pandemic, Knowing the Waters addressed the impacts of Governor Inslee’s emergency proclamations concerning residential tenancies on port districts with liveaboard moorage customers, recreational vehicle (“RV”) parks, and other similar facilities.

November 2nd, 2023|

August 2023 Knowing the Waters

August 2023 Knowing the Waters – Commission Resolutions and Reporting By Frank Chmelik of CSD Attorneys at Law P.S. - WPPA Counsel Last month we addressed documents your port district should have on file.  This month we address two quite common commission questions. Who should report directly [...]

August 31st, 2023|

July 2023 Knowing the Waters

July 2023 Knowing the Waters - Litigation Involving the Washington Public Records Act (Chapter 42.56 RCW). By Frank Chmelik I just returned from the WPPA Commissioners Conference where we had a discussion about the increase in litigation involving the Washington Public Records Act (chapter 42.56 RCW).  I [...]

August 4th, 2023|

January 2024 Knowing the Waters

In communities across the State, port districts are working on significant projects that benefit their communities such as expanding broadband service, marina improvements, development of marginal lands into business parks, to name a few.

January 26th, 2024|

November 2023 Knowing the Waters – Free Speech

We were recently asked about the ability of protestors coming to a port district to protest the handling of a certain type of cargo at a port shipping terminal (we don’t know the nature of the cargo). The subject of this month’s column is port districts and use of port property for speech related activities.

December 13th, 2023|

October 2023 Knowing the Waters

Back in July 2020, in the early months of the COVID-19 pandemic, Knowing the Waters addressed the impacts of Governor Inslee’s emergency proclamations concerning residential tenancies on port districts with liveaboard moorage customers, recreational vehicle (“RV”) parks, and other similar facilities.

November 2nd, 2023|

August 2023 Knowing the Waters

August 2023 Knowing the Waters – Commission Resolutions and Reporting By Frank Chmelik of CSD Attorneys at Law P.S. - WPPA Counsel Last month we addressed documents your port district should have on file.  This month we address two quite common commission questions. Who should report directly [...]

August 31st, 2023|

July 2023 Knowing the Waters

July 2023 Knowing the Waters - Litigation Involving the Washington Public Records Act (Chapter 42.56 RCW). By Frank Chmelik I just returned from the WPPA Commissioners Conference where we had a discussion about the increase in litigation involving the Washington Public Records Act (chapter 42.56 RCW).  I [...]

August 4th, 2023|

Update: What Construction Activity is Currently Allowed and What COVID-19 Safety Requirements Apply

On April 29, 2020, Governor Inslee authorized a “Limited Phase 1 Construction Restart.”  This is the first phase of the construction restart, and not all construction activity is allowed under Phase 1.  Only the following construction projects are authorized during Phase 1: Any of the “essential” construction activities that were [...]

May 7th, 2020|

Long Term View on Short Term Rentals

Short term internet-based vacation rentals, such as AirBNB, and VRBO, are more popular than ever. Given the growing popularity of these short-term rentals, communities in Washington State with active tourism markets have been addressing how to regulate this emerging industry. Earlier this year, Washington State legislature enacted Chapter 64.37 [...]

December 18th, 2019|

Important Changes to Washington Residential Landlord Tenant Law

Recently adopted Senate Bill 5600 substantially amends Washington residential landlord tenant law effective July 28, 2019.[1]  These changes apply to all existing residential leases, regardless of the terms in those leases.  This article briefly addresses the major changes and provides recommendations for landlords to consider. Overview of the New [...]

September 11th, 2019|
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