News & Insights
HGTV Magazine Features Handiwork of CSD Paralegal Jenny Brumfield
We’re thrilled to see the handiwork of long time CSD paralegal, Jenny Brumfield, land on the cover of the July/August issue of HGTV magazine. Jenny said she was surprised to see it there as the magazine had originally reached out to her in the spring but then indicated they [...]
Bellingham Business Journal Recognizes Tim Schermetzler as Top 7 Under 40
by ehamann – Bellingham Business Journal It was a chance encounter that led Tim Schermetzler to end up in Bellingham. Schermetzler, 33, is originally from Wisconsin. He was working in the nonprofit world when he decided to go to law school. He was managing a community organizing nonprofit at the [...]
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 [...]
Update: Effect of Governor’s Orders on Suspension of Public Records Act – Extended to May 11, and Open Public Meetings Act Suspension to May 31, 2020
On May 4, 2020, Governor Inslee extended the Stay Home, Stay Healthy order through May 31, 2020. On May 5, 2020, Governor Inslee issued Proclamation 20-28.2 which extended certain statutory waivers and suspensions until May 31, 2020, except for RCW 42.56.520(1) – the “prompt response” requirement of the Public Records [...]
Remote Working During COVID-19 Pandemic
Under Proclamation 20-05, employees who work for an essential business may continue to perform their duties at their normal worksite. Even so, there may be prudent business reasons, or in some cases legal requirements (e.g., with high-risk workers) to have some employees perform their work remotely. Businesses that have not [...]
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 [...]
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 [...]
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 [...]
Update: Effect of Governor’s Orders on Suspension of Public Records Act – Extended to May 11, and Open Public Meetings Act Suspension to May 31, 2020
On May 4, 2020, Governor Inslee extended the Stay Home, Stay Healthy order through May 31, 2020. On May 5, 2020, Governor Inslee issued Proclamation 20-28.2 which extended certain statutory waivers and suspensions until May 31, 2020, except for RCW 42.56.520(1) – the “prompt response” requirement of the Public Records [...]
My Commercial Tenant has Filed for Bankruptcy. Now What?
As we are all now too aware, circumstances, whether health or financial, can change rapidly. In addition to impacting our personal lives, global events can impact drastically what was an otherwise productive business relationship. One example of the turmoil that can result from such an upheaval for a commercial landlord [...]
Knowing the Waters – “Best Practices” for Use of Executive Sessions Allowed Under the OPMA
By Frank Chmelik of Chmelik Sitkin & Davis P.S. – August 2019 This month’s focus is on the “best practices” for use of executive sessions allowed under the Open Public Meetings Act (“OPMA”). There is an important change in law related to the discussion of real estate matters [...]
Knowing the Waters – Changes to the Port District “Economic Development” Statute
By Frank Chmelik of Chmelik Sitkin & Davis P.S. – July 2019 This month’s column focuses on a change to RCW 53.08.245 – the port district “economic development” statute – that expands the ability of port districts to provide workforce development. Since 1911, the legislature has looked to [...]
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 [...]
Knowing the Waters – Political Campaigns
By Frank Chmelik of Chmelik Sitkin & Davis P.S. – May 2019 It is an odd numbered year which means two things – a pink salmon run will occur this summer and this is the “election season” for ports and many other local governments. There were a lot [...]
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 [...]