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. [...]
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 [...]
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 [...]
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 [...]
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. [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
Knowing the Waters – Confidentiality and Non-Disclosure Agreements
By Frank Chmelik of Chmelik Sitkin & Davis, P.S. - October 2020 Over the years, one can see trends in the law. I think this happens when lawyers read the proposed agreements from other lawyers and think “well that is a good idea”. Like a rising tide, the new idea [...]
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 [...]
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 [...]
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 [...]