This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.

By John V. Berry, Esq.

Several states (not Virginia yet), have made moves to restrict the using unreasonable non-compete agreements with employees. Our practice has shown us that Virginia non-compete agreement reform is needed.

We have represented employers and employees in our practice and have found that many non-compete agreements in Virginia are extremely over broad and unreasonable.

What are Non-Compete Agreements?

A non-compete agreement is simply a contract between an employee and an employer in which the employee agrees not to enter into competition with the employer during or after employment.

Reasonable non-compete agreements are helpful and often necessary for employers to hire individuals without risking that they will then lose their customers if an employee leaves and tries to take clients with them. However, these types of agreements have started to get completely unreasonable.

Currently, non-compete agreements have not been restricted by Virginia law but regulated through the courts. Employees in Virginia who sign non-compete agreements can be held to them only if they pass this three-part test:

• Is the restriction reasonable in the sense that it is no greater than is necessary to protect the employer in some legitimate business interest?
• From the standpoint of the employee, is the restraint reasonable in the sense that it is not unduly harsh and oppressive in curtailing his legitimate efforts to earn a livelihood?
• Is the restraint reasonable from the standpoint of a sound public policy?

Paramount Termite Control v. Rector, 380 S.E.2d 922 (Va. 1989).

However, the problem with the status quo is that employers have the upper hand, for the most part, with these types of agreements and enforcement. Take for example an employee making $50,000 a year, who signed an unreasonable non-compete agreement but is threatened by a large law firm and faced with massive legal expenses in challenging it.

In short, it is time for Virginia to provide safeguards for employees in this area.

Examples of Abuse for Non-Compete Agreements

Reform for non-compete agreements is needed due to a number of abuses occurring in Virginia and elsewhere. Some examples of the types of abuses seen:

• A physician works in Reston, Virginia and signs a non-compete agreement which bars her from practicing medicine for 3 years in the tri-state area forcing her to move to another region to obtain work.
• A restaurant worker, making minimum wage, is required to sign a non-compete agreement prohibiting them from working for other restaurants in a 10-mile area.
• An unpaid office intern for a government contractor is required to sign a non-compete agreement prohibiting them from working for another government contractor for a period of 3 years.
• A new program manager is hired by a company and signs a non-compete agreement. Two weeks later the employer determines that the hire is not a good fit and terminates the employee. Despite the fact that there is no misconduct or cause for the firing the employee is unable to work for a similar employer for 2 years.

Read More

Meet Rhett, a white and black adult male available for adoption locally.

Here is what his friends at Little Buddies Adoption and Humane Society have to say about him:

Rhett is an adorable young man. He loves people.

He also loves to romp and wrestle with other cats. He will be happiest in a home with another kitten or young cat who also likes to play and wrestle. This handsome young man is about 7 months old.

Are you and Rhett a match? If so, let us know and our sponsor, Becky’s Pet Care, will send you some treats and prizes.

By Nicola Caul Shelley, Synergy Design & Construction

You’ve started to think about a home remodel and it’s suddenly taking up a LOT of your time and is quickly becoming overwhelming. We get it. This isn’t (and shouldn’t be) your full time job!

So this month, we’re providing answers to some of the most commonly asked questions and concerns we hear from homeowners just like you.

Where do I start? 

Figuring out the different approaches to home remodeling is key to helping you understand what type of contractor you need. Added bonus? If you’ve already started getting estimates it’ll give you insights into why they may be all over the place. A general rule of thumb:

• A general contractor (GC) will usually focus on the install and execution of your vision, meaning you take on more of the legwork in making design and materials decisions, ordering/buying materials and managing the project yourself.
• A design-build approach means you are guided through your remodel all the way from design to construction with project management along the way. Design-build firms do the heavy lifting so you don’t have to. They do, however, tend to focus on medium to large scale home remodels.

What is the cost per square foot for a home remodel?

This is a great question! Like most things in life, there is no simple answer. It depends on the level of service you are being provided (for example, full service design-build vs. general contractor), the level of finishes you want (from cabinetry to countertops to fixtures and everything in between) and the complexity and size of the space or spaces you want to remodel (is that a “load bearing wall” I hear you say?).

Read more in Square Foot Pricing for a Home Remodel: What You Should Know.

How long does a home remodel take?

Ah, yes, queue HGTV. Three weeks and a few thousand dollars, right? Not so fast! If someone tells you a few weeks, run! Designing thoughtful remodels take time. The design phase comes first, then construction. Most of our remodels take somewhere between 8 to 14 weeks depending on the size and scope (and that’s just the construction phase)!

Having realistic expectations about how long your home will be under construction will set you up for success and avoid those “renovation nightmares” you hear so much about. Don’t let anyone start your remodel until you’ve finalized the design and selected all your materials (materials should be waiting on construction and not the other way around). Once everything is ordered and/or delivered and ready to go, then, and only then, can the sledge hammers start swinging!

Do I need a permit for my home remodel?

Permits are like insurance policies; if you don’t have them and something goes wrong, you’ve got no coverage and no recourse. Some remodeling companies or general contractors will tell you that you don’t need a permit. It saves them time and money and allows them to skirt around limitations set by the state as to the size of projects they’re authorized to do.

Bottom line: Don’t let others put the responsibility on you to pull your own permits (again, not a good idea), so ask your prospective remodeling partner this question at the outset.

In Reston, if you are part of Reston Association you will also need approval from the Design Review Board (DRB) for any exterior changes to your home. You do not need approval for interior changes.

What red flags should I look out for?

There are a few:

• The contractor hasn’t worked on a project of similar size and scope to your project before
• They tell you they can get started on construction right away
• They don’t have a well-rounded website with project examples and client testimonials (and/or won’t give you any references to talk to)
• They outsource all of their work to subcontractors and have no in-house team for any aspect of your remodel. Read more in Life Under Construction: Who’s in Your Home?
• The contractor isn’t licensed and insured

Read more frequently asked questions and get the answers you’re looking for! Still not sure what you need? Here are resources to help you figure out what type of approach is right for your remodel and how to find the best remodelers in Reston.

This is a sponsored post by Eve Thompson of Reston Real Estate.

There have been a lot of new properties added to the Reston real estate market in the past 10 days as people gear up for the fall market.

Reston has 177 fully active properties on the market and 8 in a coming soon status. At the rate properties are going under contract that leaves us with 1.4 months of housing inventory. Interest rates are still at historic lows and the unemployment rate in Reston is sitting at 2.5%. All of these factors add up to a solid market.

Here are a few of the new listings in Reston.

• 1634 Oak Spring Way, 3 BR/3.5 BA — $500,000
• 11776 Stratford House Place #704, 2 BR/2 BA — $575,000
• 2503 Charlestown Lane, 4 BR/3 BA — $639,900
• 11268 Fairwind Way, 3 BR/3 BA — $579,900
• 11564 Rolling Green Court #100, 2 BR/2 BA — $300,000
• 11966 Heathcote Court, 3 BR/2.5 BA — $415,000

Meet Nala, a mixed breed adult female available for adoption locally.

Here is what her friends at Lost Dog & Cat Rescue Foundation have to say about her:

Nala is a dreamy girl ready to go home and give you all the love and attention your heart could desire. She is a gorgeous pup who runs on the fuel of pure love! Although she is three years old, when sufficiently motivated, she can summon up puppy-like energy.

For example, when she sees someone she knows coming to visit, she’ll jump straight up in the air to do her signature dance (read “enthusiastic bum wiggle”) to greet you! When out on walks, Nala quickly goes to the bathroom and then is eager to sit with her walker, offering her belly and ears for rubs. She just loves to play and romp with her people — her energy is contagious!

Nala has been on a few sleepovers and people say she is the model house guest. Apart from sincere (and sometimes successful) puppy eyes to join you in bed, she listens and follows house rules. All she asks for is plenty of cuddles, a patch of sun to snooze in, and a few treats thrown in for good measure. She sits on command and we think her love of treats could be easily used to train her further.

Nala would prefer to be the only dog in the home — she does not want canine competition for your affections! She is all about her humans — to give love and receive love is all that she wants in life.

If you’re looking for a lively snuggle bug to fill your days with kisses and bum wiggles, come meet Nala!

Are you and Nala a match? If so, let us know and our sponsor, Becky’s Pet Care, will send you some treats and prizes.

This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.

By John V. Berry, Esq.

The elections in 2020 are quickly approaching. Our law firm often represents and defends federal employees for potential Hatch Act violations in the federal workplace.

The Hatch Act was meant to limit the partisan political involvement of federal employees. Hatch Act political activity restrictions apply during the entire period of an employee’s federal service. There are certain rules that prohibit both on-duty and off-duty political conduct. As the 2020 elections start to come closer, this article is meant to help federal employees avoid the pitfalls of committing potential Hatch Act violations.

What is the Hatch Act?

The Hatch Act of 1939 prohibits certain types of political participation by federal employees. For example, federal employees may not seek public office in partisan elections, use their official titles or authority when engaging in political activity, solicit or receive contributions for partisan political candidates or groups, and/or engage in political activity while on duty.

Even though the word “partisan” is used other types of non-partisan elections where the candidate is backed by a particular party can also cause a federal employee potential Hatch Act violations.

Enforcement of Hatch Act Violations

For most federal employees, the Hatch Act is enforced by the Office of Special Counsel (OSC). The OSC has the ability to seek disciplinary action against federal employees if violations are found. Federal employees can potentially be disciplined or terminated for violations of the Hatch Act.

Generally, the OSC will first conduct an investigation and then if violations are found may then seek to negotiate a resolution. In other cases, the OSC may file a disciplinary action with the Merit Systems Protection Board against the employee and ask an administrative judge to take action against the federal employee for a violation.

Hatch Act Tips for Federal Employees

Here are some quick tips for avoiding Hatch Act violations in the federal workplace:

• Avoid discussion of partisan politics using government email
• To the extent possible, avoid partisan political discussions while at work or while performing work
• Don’t try to raise money for partisan political candidates in the workplace (even passing along links for partisan candidates to co-workers)
• Don’t post political discussions during work hours on social media
• Don’t donate to a political campaign during work hours
• Don’t bring political campaign signs or buttons into the federal workplace
• Don’t run for office in a partisan political election

Federal employees can often still participate in political activities, but doing so at work can be a violation of the Hatch Act.

For further information on potential Hatch Act violations, please see the information offered by the OSC. While it is doubtful that brief discussions about politics in the federal workplace would trigger an OSC investigation, the potential risk is there. The safest course for federal employees is to simply avoid partisan politics in the workplace and save them for off-duty.

Conclusion

If you need assistance with federal employment law issues, please contact our office at (703) 668-0070 or at www.berrylegal.com to schedule a consultation. Please also visit and like us on Facebook at www.facebook.com/BerryBerryPllc.

Meet the Marvelous Merrick, a male Retriever & Border Collie mix puppy available for adoption locally. Here is what his friends at Safe Haven Puppy Rescue have to say about him:

Merrick truly is a marvelous little boy. Just 16 weeks old he’s still a puppy, yet not a tiny baby which has it’s advantages.

He weighs 11 pounds now which means he’ll likely be a pretty small guy when full grown, perhaps around 25 pounds, so he’ll be easy to bring along on all sorts of adventures.

He’s been lots of fun to have in our office where he gets along famously with the other office dogs around his size. This fabulous boy is a nice blend of friendly affection and normal puppy playfulness and will be great company.

Virginia Tech has been making local headlines lately with the announcement of its Innovation Campus in the newly-designated neighborhood of National Landing.

While the new campus will help cement the university’s regional footprint, Virginia Tech has been quietly providing graduate education opportunities in the D.C. area since 1969.

Virginia Tech’s Pamplin College of Business has offered its MBA programs in this region for decades and more recently made the decision to narrow its focus to working professionals in urban centers across the commonwealth.

“What we did at Virginia Tech a few years ago was to say that we really want to focus on the working professional — someone who wants to enhance their career or make a change in the direction of their career, but not at the expense of continuing to be a business professional,” says Pamplin Dean Robert Sumichrast. That allows those students to come into the classroom, he adds, “and use what they’ve learned as part of the experience of the MBA program.”

Arlington is home to the Executive MBA program, an 18-month, cohort-based option for mid-career professionals. The curriculum is centered around experiential learning modules that provide students with hands-on experience in topics like business analytics and leadership and governance.

The nationally-ranked Evening MBA program is based in Falls Church and designed to provide maximum flexibility. Students can change their course load each semester to balance work and other commitments. They also have the option to focus their degree in one of 10 specialization areas, including traditional business topics like finance and management, and some more niche areas like healthcare information technology.

The Professional MBA program is a 24-month hybrid option with once-per-month in-person classes that rotate between Richmond, Roanoke and Newport News.

Visit mba.vt.edu to learn more about Virginia Tech’s MBA programs, or register to attend an upcoming information session.

Meet Colby, a black and cream colored Retriever mix puppy available for adoption locally.

Here is what his friends at Safe Haven Puppy Rescue have to say about him:

This is cute and charming Colby. He is looking for his forever home where he can grow and be your faithful friend and family member.

He is two months old and will be a great companion that is just waiting to learn and see what all the world has to offer. Colby is up to date on all age appropriate vaccines and deworming. He will be microchipped before going to his new home too.

With all this cuteness how can you not want to adopt Colby! Puppy kisses from Charming Colby!

Are you and Colby a match? If so, let us know and our sponsor, Becky’s Pet Care, will send you some treats and prizes.

This is a sponsored post from Eve Thompson of Reston Real Estate. For a more complete picture of home sales in your neighborhood, contact her on Reston Real Estate.

I don’t usually subscribe to the notion that there are good months and bad months to sell a home.

People have to move every day for a wide variety of reasons, but even I have to admit that the week running up to Labor Day is pretty darn sleepy.

That being said, 103 properties have changed hands in the past 30 days. We still have very limited inventory with just 170 houses on the market. The average days on market is 36. We should begin to see inventory climb as we move into the fall market.

Here are a few of the recent sales in Reston real estate.

12079 Kinsley Place
3 BR/3.5 BA
List Price: $995,000
Sold Price: $977,500

1277 Lamplighter Way
4 BR/3.5 BA
List Price: $789,000
Sold Price: $789,000

2143 Cabots Point Lane
3 BR/2.5 BA
List Price: $950,000
Sold Price: $925,000

11400 Washington Plaza #804
1 BR/1 BA
List Price: $210,000
Sold Price: $200,000

1563 Church Hill Place
2 BR/1.5 BA
List Price: $324,900
Sold Price: $325,000

2318 Glade Bank Way
3 BR/2.5 BA
List Price: $389,900
Sold Price: $384,000

This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.

By John V. Berry, Esq.

Some states are beginning to offer victims of domestic violence employment law rights.

The Commonwealth of Virginia has not done so yet, but this article focuses on the jurisdictions that have enacted such legislation. The most major legislation in this area has come from New York and California. It is hoped that more states (and Virginia) will begin to enact these types of employment law protections for victims of domestic violence.

New York and California Laws Offer Employment Law Protections

The State of New York recently enacted Bill A5618/S1040, which offers employment law protections to victims of domestic violence. The new law enhanced previous New York protections which prohibited discrimination against victims of domestic violence within the workplace. The new law adds the following:

Reasonable Accommodation: The law requires employers to reasonably accommodate victims of domestic violence who must be absent from work for a reasonable amount of time to seek medical attention, therapy or legal services in connection with domestic violence.

Anti-Discrimination: The new law further ensures that domestic violence victims are considered a protected class and that employment discrimination against them is considered another form of illegal discrimination.

The State of California has enacted similar protections for victims of domestic violence. In some ways, the protections given to employees in California are slightly stronger than those in New York. California Labor Code §§ 230 and 230.1 provides employment law protections to victims of domestic violence, sexual assault or stalking.

Like in New York, California requires employers to provide reasonable accommodations to domestic victims. California also makes it illegal to discriminate or retaliate against a victim of domestic violence for taking time off of work to seek help.

Virginia Lags Behind in Protections

Virginia lags far behind in the protection of domestic violence victims in the workplace. The legislature should move to adopt a law similar to those enacted by California and New York to ensure that employees suffering from domestic violence are not terminated or discriminated against for taking time off to get medical or mental assistance needed in order to get better.

Currently, Virginia only protects victims of domestic violence (and other crimes) for the time taken to respond to a summons or subpoena related to the criminal proceedings. Va. Code § 18.2-465.1. Virginia also requires an employer to permit a victim of a crime to be present at all criminal proceedings related to a crime against the employee. Va. Code 40.1-28.7:2.

Virginia also offers suggested (not binding) guidance to employers asking them to consider allowing victims of all crimes (including domestic violence) to be able to attend court without loss of pay. Va. Code § 19.2-11.01(A)(3)(a). Virginia should follow the lead of New York and California and protect domestic violence victims in the workplace.

Conclusion

If you need assistance with employment law issues, please contact our office at (703) 668-0070 or at www.berrylegal.com to schedule a consultation. Please also visit and like us on Facebook at www.facebook.com/BerryBerryPllc.

Meet Ritz, a male Black & White/Tuxedo kitten available for adoption locally.

Here is what his friends at Little Buddies Adoption and Humane Society have to say about him:

Ritz is a handsome tuxedo kitten with gorgeous white accents. He is as sweet as he is handsome.

He was a bottle-fed kitten, so he thinks people are his best buddies. He loves to cuddle.

He is also quite the sportsman when it comes to playtime. Ritz was born around May 1.

Are you and Ritz a match? If so, let us know and our sponsor, Becky’s Pet Care, will send you some treats and prizes.

This is a sponsored post from Eve Thompson of Reston Real Estate. For a more complete picture of home sales in your neighborhood, contact her on Reston Real Estate.

Reston real estate continues to be strong in spite of August being a little sleepy.

Inventory is painfully low with just 188 active listings on the market. Hopefully we’ll see more houses enter the market after the Labor Day holiday as people get ready for the fall market.

Year-To-Date sales in Reston are strong. 856 properties have changed hands with a total value $416 million. Typical of Reston, the house prices range from a low of $124,000 to a high of $1,400,000.

Here are a few of the houses that sold this past week.

2318 Glade Bank Way
3 BR/2.5 BA
List Price: $399,900
Sold Price: $384,000

11539 Pine Cone Court
3 BR/2 BA, 2 half bath
List Price: $484,500
Sold Price: $450,000

11404 Gate Hill Place #B
2 BR/2 BA
List Price: $359,900
Sold Price: $366,000

11990 Market Street #2002
3 BR/3 BA
List Price: $1,400,000
Sold Price: $1,400,000

11701 Newbridge Court
4 BR/3.5 BA
List Price: $565,000
Sold Price: $571,000

By Nicola Caul Shelley, Synergy Design & Construction

Every project we work on has its own story, unique to each homeowner’s needs and personality. Whether it’s a family just about to have their first child or the kids are grown and getting ready to head off to college, every person’s “why” is different. This is one of the reasons we love what we do!

It’s impossible to single out just one as our favorite, so this month we decided to share some of our team’s top picks for our local remodels.

1. Liz, Office & Client Relations Manager

“This Reston kitchen and first floor remodel was one of my favorites because of how special it was for this couple to have their first permanent home given all of their military relocations. They put their trust us in even though they were not currently living in the area and we provided a beautifully finished home for them to move into to grow their family and settle down.”
View Image

2. Matt, Lead Carpenter

“So many projects have had a real effect on me! If I had to pick one, I will go with this kitchen and family room remodel. Just seeing how much my work meant to the family and their way of embracing how Synergy did things, still resonates. The tears of joy and the hugs were amazing!”
View Image

3. Mina, CEO

“I have too many favorites to choose from, however, I’m currently obsessed with a home we’re just finishing up here in Reston. Our clients fully embraced creating an “Intention Painting” (which is writing an “intention” on the walls in order to energetically connect with the purpose of their remodel). The thought and care they put into it and their focus on creating a positive vibe for all who enter their home really resonated with me.”
View Image

4. Nicola, Director of Sales & Marketing

“As a past client myself, I love how Synergy focuses on how each client uses their space and how it can flow better. Every project is unique — there’s nothing cookie-cutter about any of the projects!

This kitchen remodel resonated with me because the homeowner had a beautiful contemporary design aesthetic, but, with 2 young children, the finished spaces were also family-friendly with lots of storage in a mudroom hidden away from the Kitchen.”
View Image

5. Camille, Interior Designer

One of the projects I loved the most was this recent whole home remodel. It’s rare that you get to do an entire home remodel from major construction down to all new furnishings. It’s a designer’s dream to have a project like this! Watching the client’s vision come to life was the best part!”
View Image

Read More

Meet Luke, a male Catahoula Leopard Dog & Shepherd mix available for adoption locally.

Here is what his friends at Safe Haven Puppy Rescue have to say about him:

What a beautiful guy Luke is with his interesting coat and soulful eyes!!!

This boy is only 10 months old and weighs about 75 pounds, although he will add more weight as he finishes filling out his lanky frame. Luke is such a happy boy (just look at his pictures!!!) we’re confident he will make his adopters a really great companion.

This boy is such a nice blend of friendly affection and normal puppy playfulness we’re confident he will steal your heart in no time. He is up to date on all shots and dewormings, has been neutered.

Are you and Luke a match? If so, let us know and our sponsor, Becky’s Pet Care, will send you some treats and prizes.