News and Insights
120 Day Rent Increase
On March 13, 2023, Bellingham City Council gave final approval to an ordinance that requires 120 days advance notice before any rent increases for residential units. This new requirement applies only to properties located within the city limits of Bellingham. The ordinance takes effect March 28, 2023. Currently, State [...]
Aaron Haynes elected to serve as Chair-Elect for the Washington State Bar Association’s Young Lawyers Committee and as District Representative for Oregon and Washington to the American Bar Association’s Young Lawyers Division
The WSBA’s Young Lawyers Committee recently elected CSD associate Aaron Haynes to serve as its Chair-Elect for 2022-2023 and as District Representative to the ABA’s Young Lawyers Division for 2022-2024. Aaron’s appointment comes after two years of serving as an At-Large Representative to the ABA Young Lawyers Division and [...]
Chmelik Sitkin & Davis P.S. Welcomes Attorney Conner A. Sapp
Conner graduated from the University of Denver Sturm College of Law in May 2020, then went on to clerk for the Honorable Timothy M. Churchwell of Minnesota’s Seventh Judicial District. Prior to graduating, Conner served as an extern to the Honorable David M. Furman of the Colorado Court of [...]
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 [...]
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 [...]
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 [...]
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 [...]
PHASE 3 UPDATE – Public Meetings May Increase Occupancy for In-Person Attendees
By Allison Beard of Chmelik Sitkin & Davis P.S. – April 2021 As of March 22, 2021, all Washington counties advanced to Phase 3 of Governor Inslee’s Healthy Washington: Roadmap to Recovery. Since then, guidance related to specific industries under Phase 3 have been released by the Governor’s [...]
PHASE 3 UPDATE – Expanded Occupancy for In-Person Public Meetings Likely
Governor Inslee announced that on March 22, 2021 the entire state will advance to Phase 3 of his Healthy Washington Roadmap to Recovery plan. The state’s recovery plan will revert to a county-by-county evaluation analysis and metrics will be reviewed by the state every three weeks. Governor Inslee’s March [...]
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 [...]
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 [...]
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 [...]
BREAKING NEWS: PAYCHECK PROTECTION PROGRAM LOAN FORGIVENESS APPLICATION IS OUT
On Friday, May 15, 2020, the Small Business Administration (SBA), in consultation with the U.S. Department of Treasury, released the Paycheck Protection Program (PPP) Loan Forgiveness Application. The link to the form/instructions is provided below. Background: The PPP was created by the CARES Act to provide forgivable loans to eligible [...]
Checklist for Business Restart under Washington SafeStart Phase 1 and 2
All Washingtonians are anxious to “Re-start” our lives. Businesses small and large will be on the forefront of re-opening Washington subject to certain requirements imposed by the SafeStart order. SafeStart Washington Phase 1 begins on May 5, 2020 and allows the following businesses to operate: essential businesses already open, existing [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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, [...]
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 [...]
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 [...]
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 2024 Knowing the Waters
Knowing the Waters – This month’s column discusses what restrictions ports can put on persons attempting to access port property.
August 2024 Knowing the Waters
Knowing the Waters – This month’s KTW blog post is going to look at some “best practices” for managing a contentious public meeting. We covered this topic in a bit more depth with the help of Commissioner Skip Novakovich of the Port of Kennewick at the recent Commissioner Seminar in Richland.
June 2024 Knowing the Waters
Knowing the Waters – This month’s KTW blog post is going to take a deeper dive into this issue and discuss specific nuances in the best practices.
May 2024 Knowing the Waters
This month we will focus on claims and lawsuits where there is no insurance. Our goal here is to give ports a quick course on what happens when an incident occurs, a claim is filed, or a lawsuit is served.
New Public Records Act Closure Letter Requirements
On April 11, 2024, the Washington State Supreme Court decided Cousins v. State, setting new criteria for how public agencies can sufficiently close public records requests to start the one-year statute of limitations under the Public Records Act (“PRA”).
April 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.
September 2024 Knowing the Waters
Knowing the Waters – This month’s column discusses what restrictions ports can put on persons attempting to access port property.
August 2024 Knowing the Waters
Knowing the Waters – This month’s KTW blog post is going to look at some “best practices” for managing a contentious public meeting. We covered this topic in a bit more depth with the help of Commissioner Skip Novakovich of the Port of Kennewick at the recent Commissioner Seminar in Richland.
June 2024 Knowing the Waters
Knowing the Waters – This month’s KTW blog post is going to take a deeper dive into this issue and discuss specific nuances in the best practices.
May 2024 Knowing the Waters
This month we will focus on claims and lawsuits where there is no insurance. Our goal here is to give ports a quick course on what happens when an incident occurs, a claim is filed, or a lawsuit is served.
New Public Records Act Closure Letter Requirements
On April 11, 2024, the Washington State Supreme Court decided Cousins v. State, setting new criteria for how public agencies can sufficiently close public records requests to start the one-year statute of limitations under the Public Records Act (“PRA”).
April 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.
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 [...]
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 [...]
SELLER ALERT: New Penalties for Failing to Install Smoke Detectors Effective July 1, 2019
In May 2019, the Washington State Legislature enacted SSSB 5284, which substantially changes Fire Protection law and takes effect July 1, 2019. These changes apply to Sellers of all dwelling units. A Dwelling Unit is defined as a single unit providing complete, independent living facilities for one or more [...]
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 [...]
Knowing the Waters – Real Property Taxes, Real Property Tax Exemptions, Leasehold Excise Tax and Leasehold Excise Tax Exemptions
By Frank Chmelik of Chmelik Sitkin & Davis P.S. – June 2019 The mix of port district tenants is shifting from primarily industrial or commercial uses to a much wider range of uses. So, this month we look at real property taxes, real property tax exemptions, leasehold excise [...]