Blog


Federal Antitrust Lawsuit Driving Changes to Increase Transparency and Flexibility of Real Estate Broker Commissions

Consumer, Real Estate

A class action lawsuit filed in March of this year has spurred significant changes in the way real estate brokerages are setting and disclosing commissions for listing and selling brokers. The suit, filed in the United States District Court for the Northern District of Illinois, names the National Association of Realtors and the four largest […]


Kevin Khong

The Effect of Lost or Destroyed Wills

Elder Law, Trust and Estate Litigation

A lost or destroyed original will can unravel the best laid plans of a person trying to specifically avoid ambiguity when it comes to his/her testamentary intent. Washington State adopts the common-law presumption of animo revocandi (latin for “with intent to revoke”) that a lost or destroyed will was purposefully revoked. Probating a will when […]


New Wastewater Rule Reflects Increasing Environmental Regulation of Wine Industry

Environmental, Wine

The Washington wine industry is the second largest in the United States, with over 970 wineries in business and an annual production of approximately 17.5 million cases, according to the Washington State Wine Commission. As the Washington wine industry grows, it will to face an increasing level of environmental regulation.  Other winegrowing states, such as […]


Seattle City Council Unanimously Approves Legislation that Allows for Construction of More Mother-in-Law Apartments and Backyard Cottages

Real Estate

Residents, neighborhood groups, developers, and designers alike are now awaiting the Seattle Mayor’s signature. Last week, after a fine-tuned version was submitted, the Seattle City Council voted 8-0 to adopt proposed legislation that will ease restrictions on the construction of accessory dwelling units, commonly referred to as ADUs or mother-in-law apartments, and detached accessory dwelling […]


Karen Kalzer

DOL Issues Proposed Rules for Exempt Employee Salary Levels

Employment

As we predicted in our Spring Employment Breakfast, the Washington State Department of Labor & Industries has issued a series of proposed rules regarding the classification of exempt employees, with changes to both the duties test and the salary test.  An employee must meet the requirements of both tests to be properly classified as an […]


Seattle City Council Considering Legislation Restricting Single-Family Home Development

Land Use, Real Estate

The Seattle City Council is considering legislation introduced by Councilmember Mike O’Brien intended to increase the availability of affordable housing in Seattle. The proposal, which largely seeks to expand the amount of accessory dwelling units (ADUs) available in order to increase affordable housing inventory and options, would also impose new regulations on the allowable floor […]


Washington Outlaws Pay History Questions

Employment

On May 9, 2019 Governor Jay Inslee signed a new law into effect that forbids employers from seeking a job applicant’s salary history or requiring that an applicant’s prior wage or salary history meet certain criteria.  Under the new law, which shall be known as the Washington Equal Pay and Opportunities Act, employers may confirm […]


Michael Spence

Governor Signs Sweeping Changes to Washington Landlord-Tenant Laws

Real Estate

On May 14, 2019, Governor Inslee signed SB 5600, a bill that dramatically alters the landscape of Washington residential landlord-tenant law.  The effective date of this legislation is July 27, 2019.  SB 5600 does not apply to commercial real estate. Residential landlords and property managers need to be well-versed in these changes, which are as […]


Washington Implements Graduated Real Estate Excise Tax at the State Level

Real Estate

The Washington State Legislature recently passed ESSB 5998, overhauling the state’s real estate excise tax framework and putting into place a graduated system replacing the prior flat rate applicable to all property sales. Governor Inslee is expected to sign the legislation into law, which replaces the statewide flat rate of 1.28% on all sales of […]


New Restrictions on Non-Compete Agreements in Washington State

Employment

Update: On May 8, 2019, Governor Inslee signed the bill into law. Last week the Washington State Legislature passed a bill that substantially restricts the scope of enforceable non-compete agreements.  Under the new rules, non-compete agreements will be unenforceable unless: The employer either (i) discloses terms of the non-compete agreement when making an offer of employment, […]