The Washington State Department of Labor & Industries recently overhauled the state’s rules governing overtime pay. As a result, the Department of Labor & Industries estimates 259,099 workers in Washington will become eligible for overtime pay once the new rules are fully implemented in 2028. The new changes will affect employees, especially those that are…

Unfortunately, in the early 1900s, racially restrictive covenants were recorded against properties. This happened even in Washington. Whatcom County was not immune from this behavior. Some covenants would single out particular races of people that were excluded from owning or occupying the property. Others would limit ownership or occupation to one particular race. Sometimes, restrictions…

Bellingham and Whatcom County are full of nonprofit service opportunities, including one our firm regularly supports and on whose Board I currently serve:  civil legal aid through LAW Advocates. I am frequently asked about nonprofit corporate board service and see issues arise when individuals don’t know what legal duties and responsibilities they have on a…

When applying for Medicaid for yourself or on behalf of your spouse, it can be easy to forget that life insurance is an important asset that can impact financial eligibility. Generally speaking, term life insurance is an exempt resource and doesn’t count toward the Medicaid resource limits (the $2,000 resource limit for the applicant and,…

Michael Kleps practices in the areas of Wills, Trusts, Estates and Elder Law. He is back full time at Carmichael Clark, P.S. after a nine month sailing adventure on the east coast US, Bahamas and Cuba. His family found living and traveling on a 30’ sailboat to have quite a learning curve between keeping an…

The City of Bellingham’s new short-term rental (“STR”) ordinance became effective on May 5, 2019. BMC 20.10.037. It places restrictions on the rental of rooms, accessory dwelling units, and homes on sites like Airbnb and VRBO. The City has created a helpful website describing the new regulations. All owners of STRs will need to obtain…

Beginning July 1, 2019, employers will begin reporting under the Paid Family and Medical Leave Program. Employers will need to report for each employee, the employee’s name, social security number, and wages paid in the reporting quarter and the associated hours. The report must also include the total amount of premiums deducted from all employees’…

On May 8, 2019, the Governor signed a new law passed by State Legislators which creates additional restrictions on non-compete or non-competition agreements or covenants in Washington State. These agreements, often signed at the onset of employment, restrict a departing employee from competing with their former employer, usually by working for a new employer in…

When a commercial tenant breaches their lease one too many times, the landlord may decide to terminate the lease and evict the tenant. Commercial evictions are very similar to residential evictions. The landlord must comply with the terms of the lease and the applicable law to evict the tenant. Before a landlord can evict a…

When a single individual purchases real estate in “fee simple,” which is outright ownership of the land, they hold a 100% interest in the property. When more than one person owns property together, a “tenancy” situation is created. “Tenancy” here does not mean how it is most commonly used today; no one is renting property…