News & Insights2021-01-06T16:47:04-08:00

News & Insights

CHMELIK SITKIN & DAVIS HAS RE-OPENED

We are open for operations, subject to Phase 2 of Washington’s COVID-19 Safe Start Plan safety procedures. Here is a summary of our Phase 2 plan: Our front door shall remain locked, but we are available to meet with you in our office if you schedule a meeting in advance. [...]

June 8th, 2020|

Continuing Operations During Covid-19

Chmelik Sitkin & Davis is committed to providing our clients with the highest levels of service. We care deeply about community, our clients and our staff. The COVID-19 pandemic has impacted not only our own team and clients, but also the global community at large. We recognize that our [...]

March 16th, 2020|

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 [...]

September 11th, 2019|

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|

CHMELIK SITKIN & DAVIS HAS RE-OPENED

We are open for operations, subject to Phase 2 of Washington’s COVID-19 Safe Start Plan safety procedures. Here is a summary of our Phase 2 plan: Our front door shall remain locked, but we are available to meet with you in our office if you schedule a meeting in advance. [...]

June 8th, 2020|

Paycheck Protection Program (PPP) Audits

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) established the Paycheck Protection Program (PPP), under which certain businesses could apply for loans, a portion of which is eligible for forgiveness through the Small Business Administration. As part of the application for the PPP funds, the borrower makes a [...]

June 8th, 2020|

BREAKING NEWS: REOPENING RESOURCE FOR BUSINESSES

The Association of Washington Business (AWB) in partnership with the State of Washington has established a AWB Rebound and Recovery website (https://www.reboundandrecovery.org/) to help Washington businesses reopen smoothly. The website has two main lines of effort: Reopening Tool Kit: AWB has developed customizable materials to support a business’ reopening by [...]

June 2nd, 2020|

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 [...]

May 18th, 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|

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|

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|

Knowing the Waters

By Frank Chmelik of Chmelik Sitkin & Davis P.S. – March 2021 Port districts, like all Washington local and municipal governments, are required to redistrict their commission districts once every ten years using the decennial census data provided by the federal government. For most port districts (county-wide port [...]

April 2nd, 2021|

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 [...]

March 12th, 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|

Knowing the Waters – Public Records Requests

By Frank Chmelik and Allison Beard - February 2021 We have recently seen an increase in public record requests.  One aspect of public record requests that need particular attention occurs when a list of individuals, companies or employees is requested.  The Public Records Act, at RCW 42.56.070(8), prohibits governments from [...]

February 3rd, 2021|

Knowing the Waters – Broadband Infrastructure

By Frank Chmelik of Chmelik Sitkin & Davis P.S. - January 2021 This month we will take a quick look at a growing area of port district interest – providing fiber optic cabling telecommunications infrastructure (known as “broadband infrastructure” or “digital infrastructure”) within and outside their districts.  Several port districts [...]

February 2nd, 2021|

Knowing the Waters – In-Person Meetings During COVID-19

By Frank Chmelik of Chmelik Sitkin & Davis, P.S. - December 2020 Last month, we discussed some long-term changes that the Covid-19 pandemic has brought to the way that business is conducted at ports which will likely continue into the future. Since the November column, we have received several inquiries [...]

January 8th, 2021|

Knowing the Waters – Public Records Requests

By Frank Chmelik and Allison Beard - February 2021 We have recently seen an increase in public record requests.  One aspect of public record requests that need particular attention occurs when a list of individuals, companies or employees is requested.  The Public Records Act, at RCW 42.56.070(8), prohibits governments from [...]

February 3rd, 2021|

Knowing the Waters – In-Person Meetings During COVID-19

By Frank Chmelik of Chmelik Sitkin & Davis, P.S. - December 2020 Last month, we discussed some long-term changes that the Covid-19 pandemic has brought to the way that business is conducted at ports which will likely continue into the future. Since the November column, we have received several inquiries [...]

January 8th, 2021|

Knowing the Waters – Adapting to Changes During the COVID-19 Pandemic

By Frank Chmelik of Chmelik Sitkin & Davis, P.S. - November 2020 The Covid-19 pandemic has brought some real changes to the way that business is conducted.  Ports, like many other businesses and governments, have adapted and innovated.  What will be interesting to see is what adaptions and innovations survive [...]

January 8th, 2021|

Knowing the Waters – Homelessness, Port Property, and COVID-19 Proclamations

By Frank Chmelik of Chmelik Sitkin & Davis, P.S. - September 2020 This month’s column discusses homelessness, camping on port property and in port parks, car camping on port streets, liveaboard boaters and the COVID-19 pandemic.  The common thread here is people living on port district property without permission and [...]

January 8th, 2021|

Governor Inslee’s Proclamation 20-28.14: The Open Public Meetings Act and Public Records Act

On December 8, 2020, Governor Inslee issued Proclamation 20-28.14 (the “December 8th Proclamation”), extending the requirement to conduct virtual meetings through January 19, 2021.  The most recent Proclamation applies in all counties, regardless of what phase the county is in, unlike the last Proclamation. Summary In short, the extension continues [...]

December 11th, 2020|

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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