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.
Recently, on October 16, the Fairfax County Board of Supervisors approved the process for collective bargaining for a significant number of Fairfax county employees.
Many Northern Virginia communities have begun the process of implementing collective bargaining following the Virginia General Assembly’s repeal of a state ban on such agreements in 2020. Arlington County and the City of Alexandria have also enacted collective bargaining agreements for their employees. The move will affect a majority of county employees, and Fairfax appears to have modeled their ordinance, to some extent, on the Arlington County ordinance from July of 2021.
In the ordinance, Fairfax County authorized potential unions for all employees except seasonal/temporary employees, confidential employees, interns, managers/supervisors, and a few other categories of employees. Eligible employees would be organized into three bargaining units of police, fire/emergency medical services, and those employed in the general government category.
In order to start the collective bargaining process, a government needs to appoint a manager or board to carry out the job of impartially carrying out the applicable labor law. According to the new Fairfax County ordinance, the job of running elections and certifying individual unions was given to a new Labor Relations Administrator whose job will involve many of the same types of duties held by the National Labor Relations Board for private companies.
This new position is subject to confirmation by the Fairfax County Board of Supervisors. Employees covered will have many of the traditional rights given to other unionized workforces and have the ability to take disputes to binding arbitration.
Strikes continue to remain barred under the new ordinance and can lead to termination of employment. In addition, traditional unfair labor practice charges, labeled in the Fairfax ordinance as “prohibited practice charges,” would be available for violations of labor law.
In general, some of the most important aspects of unionization for eligible employees generally include:
- A level playing field for union officials and management to discuss important employment issues as equals without fear of retaliation
- The ability of unions to negotiate binding solutions for employees with officially recognized unions
- Employee protections from interference by management in labor matters through the complaint process (similar to the unfair labor practice complaint process)
- Binding arbitration for violations of collective bargaining agreements and appeals of disciplinary actions by independent arbitrators not employed by the County
According to news accounts, and in our experience representing unions before other labor boards, it will likely take at least two years before any collective bargaining agreements are effective. Given the recency of the notice, it appears that Fairfax County is still in the process of hiring a Labor Relations Administrator and likely other key members of that office.
It is unknown whether any potential unions have sought recognition as of yet, but the unionization process in Fairfax County has started and will lead to better employee rights for covered Fairfax County employees.
If you are in need of advice regarding noncompete agreements or clauses, please contact our office at 703-668-0070 or through our contact page to schedule a consultation. Please also visit and like us on Facebook or Twitter.
Let the Kensington Reston partner with you every step of the way!
Open House Saturday, November 13, 11 a.m. to 2 p.m.
If you are noticing signs of worrisome memory changes in yourself or someone you love, now is the time to reach out to us. The sooner we can lend a hand, the better your chances of keeping quality of life as high as possible and even stalling or halting disease progression.
Our memory care programs are thoughtfully designed and clinically comprehensive. They feature three tiers of care that accommodate needs common to each stage of loss. Programs are specialized, personalized and appropriate for:
- Mild forgetfulness: We focus residents on building relationships, group support from other residents, music, outings and activities that are personally meaningful while residing in an assisted living environment.
- Early to middle stage loss: We help residents participate in daily routines and activities that help them feel safe, secure and successful in the Connections neighborhood.
- Middle to late-stage loss: We provide residents with higher levels of clinical care that increase comfort and reduce agitation in the Haven neighborhood.
If you or your loved one are currently experiencing memory loss, or if you simply have questions that need fast answers, then call us. We promise you undivided attention, expertise, privacy and the right level of support for as long as necessary.
Visit our website for more information or call 571-494-8100 to register for the November 13 Open House.
Let the Kensington Reston partner with you every step of the way!
Open House Saturday, November 13, 11 a.m. to 2 p.m.
If you are noticing signs of worrisome memory changes in yourself or someone you love, now is the time to reach out to us. The sooner we can lend a hand, the better your chances of keeping quality of life as high as possible and even stalling or halting disease progression.
Our memory care programs are thoughtfully designed and clinically comprehensive. They feature three tiers of care that accommodate needs common to each stage of loss. Programs are specialized, personalized and appropriate for:
- Mild forgetfulness: We focus residents on building relationships, group support from other residents, music, outings and activities that are personally meaningful while residing in an assisted living environment.
- Early to middle stage loss: We help residents participate in daily routines and activities that help them feel safe, secure and successful in the Connections neighborhood.
- Middle to late-stage loss: We provide residents with higher levels of clinical care that increase comfort and reduce agitation in the Haven neighborhood.
If you or your loved one are currently experiencing memory loss, or if you simply have questions that need fast answers, then call us. We promise you undivided attention, expertise, privacy and the right level of support for as long as necessary.
Visit our website for more information or call 571-494-8100 to register for the November 13 Open House.
The Return to Earn initiative was launched in June of this year in an effort to support small businesses and organizations find and retain the talent they need while also helping unemployed Virginian’s transition back into the workforce.
What better way to retain new staff members, reward them for their hard work, and increase workplace morale than by providing a $500 holiday bonus?
Basic eligibility requirements for program participation are as follows.
Employers:
- Must be incorporated in Virginia
- Be in good standing with the state
- Have 99 employees or fewer
For new hires:
- Must have a hiring date that falls between June 1, 2021 — December 31, 2021
- The position must be W2 and come with a wage of $15 an hour or more (tips can be included in wage determination)
- Must attest to having been unemployed at the time of hire*
The SkillSource Group, Inc. and Virginia Career Works Northern is working hard to make this program available to the small business community and to make the application, enrollment and reimbursement process as simple as possible. Click HERE to access an online application.
*Length of unemployment is dependent on time of hire
Looking for some new ways to celebrate Thanksgiving with friends and family? Read below for some new traditions to incorporate into your family’s routine.
Join the Reston Turkey Trot
Earn your Thanksgiving feast by getting a workout prior to enjoying a plateful of turkey and sides (those are my favorite!). All levels and ages are welcome. There’s a 1-mile fun run/walk and a 5k race which starts at Southlakes High School. Click here to register.
Play a family game
Start the day off with some friendly competition and laughs by playing a game. The favorites with my crew are: Uno, Twister and Left/Center/Right which is a dice game perfect for all ages. The game comes with playing chips but we like to spice it up and play with quarters — it’s fun to see who walks away with the most coins. Available at WalMart or Amazon for about $6.99.
Watch the National Dog Show
Check out all the different breeds that compete to win the coveted spot in this annual Thanksgiving event. This year, the Biewer Terrier is the newest breed to enter the competition which airs at 12 p.m. on NBC Thanksgiving Day following the Macy’s Thanksgiving Day Parade. If you’re looking for laughs, follow this up by watching the movie Best in Show, rated PG-13. If you loved Schitt’s Creek, you’ll love Best in Show.
Have every guest give a toast
A tradition in my family has been for each guest to say what they’re grateful for which always causes the kids to roll their eyes. This year, I’ll have each person stand and give a toast; they can talk about what they’re hopeful for in the upcoming year, state their gratitude, or who knows… let each person add their own personal twist. Should be interesting!
Donate canned goods or an entire meal to Cornerstones in Reston
Cornerstones is seeking canned goods in advance of Thanksgiving Day. You can drop non-perishables off at St. John Neuman Church off Lawyers Road from November 15 to 18 from 9 a.m.-3 p.m. and November 10 from 9 a.m.-6 p.m. If you’d prefer to purchase a complete meal, stop by Giant at Northpoint now through November 12. For $50, Giant will prepare and deliver the box to Cornerstones directly.
Lynn Cooper is a licensed REALTOR in Virginia with McEnearney Associates in McLean. Whether buying or selling, Lynn is 100% committed to her clients before, during and after the transaction. Connect with Lynn at 202-489-7894, [email protected] or @lynncooperrealestate.
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.
Many employees that quit their positions do not give enough thought to leaving a job successfully. Even though an individual is leaving for a new job, it is critical to leave on good terms.
A departing employee never knows whether or not they will later need a reference from a past employer or be subject to a background investigation where past supervisors are interviewed.
With that in mind, here are ten tips to consider when quitting your job:
1. Provide Notice
Usually, two weeks’ notice is appropriate, but it is very important (if possible) to provide enough time for your employer to find a replacement.
2. Tell your Supervisor First
Do not let your supervisor find out from others in the workplace that you are leaving your job. A supervisor will most often be offended if they learn from others that an employee is leaving. Tell your supervisor about your decision to leave first.
3. Finish Strong
In your last two weeks of work (or whatever period of time is agreed upon), work harder than you have before. Organize your files and make sure that everything is ready for your replacement. Not only do employers and supervisors respect this, but they will remember the departing employee fondly for years to come.
4. Don’t Take Company Materials
This comes up quite often. Make sure that you are up to date on company policies on what materials (example: prior work product) that you can take with you. Many materials are proprietary, and taking them without permission can cause a departing employee significant harm to their career.
5. Train Your Replacement
Be as thorough and helpful as possible when training your replacement. Leaving your employer with a smooth transition can help you in the future.
6. Do Not Say Anything Negative
It is critical that a departing employee not say anything negative about supervisors or other employees as they are preparing to leave. Be positive, and if there has been a negative situation in the past, the departing employee should just understand that they are moving to a new position and will no longer have to deal with the issue.
7. Ask for a Reference
If a departing employee has handled their departure smoothly, it is a great time to ask for a reference letter from a supervisor. These letters can be invaluable later. Also, supervisors will be able to give their best recommendation when an employee is still working for them.
8. Return All Employer Property
It is important to return any employer property that a departing employee has, including documents, keycards, computers or phones, and anything that belongs to the employer. Be proactive with this. A departing employee should not wait to be contacted about employer property later.
9. Don’t Brag About Your New Position
Bragging about a new position can leave supervisors and co-workers with bad feelings or jealousy after a departing employee has left. Modesty is key.
10. Be Thankful on Your Way Out
While there may be reasons that an employee has decided to move to their new position, a former employer or supervisor will also remember an employee who is thankful for the opportunities that they received. Do not miss this opportunity. Thank you notes to a supervisor or co-workers can be much appreciated and long remembered.
An employee should remember that even though they are leaving their position for a new one, it is critical to do so gracefully. If a departing employee makes a smooth transition, they can often obtain goodwill and great references for the remainder of their career.
If you are in need of advice regarding noncompete agreements or clauses, please contact our office at 703-668-0070 or through our contact page to schedule a consultation. Please also visit and like us on Facebook or Twitter.
Address: 11483 Heritage Commons Way
Neighborhood: Vintage Place
Listed: $515,000
Open: Saturday and Sunday 1-3 p.m.
Sophisticated and sun drenched 3 level townhouse in North Reston. Hardwood flooring on two levels. Open floor plan, 2 beds PLUS a finished walk out basement that could be a 3rd, 3.5 baths too!
Open kitchen/family room opens to deck that has views of trees, and a living room that could also be extra dining too. Spacious 2 bedrooms, 2 baths up with vaulted ceilings, walk in closet in primary, en suite baths. Basement walks out to fenced area, has a full bath, fireplace and great storage. Versatile room makes great rec or exercise room, office spot, or guest room.
Big ticket updates: Carrier HVAC 2021, New Roof 2019, Gutter guards 2014, many glass panes in windows replaced 2019. Kitchen has granite, stainless, great space for cooking/entertaining. Access to 15 swimming pools, 55 miles of walking/biking pathways, dozens of tennis courts, ball courts and playgrounds.
Just about a mile to North Point Village; 2 miles or so to Reston Town Center’s extensive shopping and fine dining and the Silver Line Metro. Bus stop on the corner of Wiehle and Reston Parkway too!
Listed by:
Coral Gundlach
Compass
703-200-3631
[email protected]
I was driving back from a listing appointment today and saw signs for Burke Lake Park, so I took a quick driving tour. I can’t believe I’ve never been there before! It’s a gorgeous setting just 25 minutes from Reston and offers so much to do. There is no entrance fee for Fairfax County Residents. Non-residents are free on weekdays; $10 entrance fee on weekends. The Park also hosts special events like Fall Family Campouts and Campfire Saturdays including s’mores! Read below for more details.
Trail: The 5-mile loop is mostly flat, shaded and offers great views of the lake plus opportunities to see deer, ducks and geese. Open to walkers and bikers. Bring your dog — I know mine would love to jump in the lake!
Ice Cream Parlor: Recently renovated from top to bottom with a train theme. Such a fun spot to take the kids after a day at the park and of course a ride on the train (see next section.) The parlor offers pizza and coffee in addition to traditional frozen treats.
Train & Carousel: The mini train has also been renovated recently and runs a 1.75-mile/10-minute loop around the park and reaches a top speed of 12 miles per hour. Fee is $5 per person. The carousel is free for kids under 2 years old, $4 for all others. It can be rented for private birthday parties.
Fishing/Marina: The lake is 218 acres with over 5 miles of fishing shoreline and a boat launching dock plus a new pier. Bring your kayak or canoe and enjoy some time on the water.
Campground: The park offers 100 wooded camping sites each with a grill, picnic table and fire ring. RVs up to 25 feet are permitted.
Stay tuned for pictures and details from my first “real” trip there with the family and dogs — Burke Lake Park is truly an oasis so close to home!
Lynn Cooper is a licensed REALTOR in Virginia with McEnearney Associates in McLean. Whether buying or selling, Lynn is 100% committed to her clients before, during and after the transaction. Connect with Lynn at 202-489-7894, [email protected] or @lynncooperrealestate.
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.
There are several reasons why federal employees should hire an experienced federal employment attorney if facing a potential disciplinary action, security clearance issues, equal employment opportunity violations, whistleblower claims, investigations, or disability retirement issues.
Here are seven reasons why a federal employee should hire a federal employment lawyer when the need arises:
1. Resolve Issues Early
With a federal employment lawyer, a federal employee may be able to resolve disciplinary action, equal employment issues and security clearance matters early, before they get worse and potentially lead to removal or result in other adverse situations for the federal employee in the workplace.
2. Identity Potential Reasonable Accommodations
For federal employees with disabilities, a federal employment lawyer can help identify potential reasonable accommodations for them to assist them in making the workplace better for them.
3. Get Accurate Advice on Confusing Issues and Claims
Federal employment lawyers understand the nuances of the different statutes that govern federal employee issues before the Merit Systems Protection Board, Equal Employment Opportunity Commission, security clearance authorities at each agency and the U.S. Office of Special Counsel. These different venues/issues can be confusing and are often intertwined. Getting accurate advice is very important. A Federal employment lawyer helps to provide clarity and understanding amongst confusing claims and complex laws to help federal employee clients.
4. Identify Claims of Defenses Not Previously Considered
The complicated language of federal laws can be challenging for federal employees outside of the legal profession to understand thoroughly. There may be a basis for a defense or perhaps a separate claim against a federal agency that a federal employee is unaware of unless they have the benefit of representation by a federal employment lawyer.
The Return to Earn initiative was launched in June of this year to help small businesses find and retain the talent they need while also helping unemployed Virginian’s transition back into the workforce.
As a program incentive, businesses can receive $500 per hire for a maximum of 25 employees. That means your business could receive up to $12,500 depending on hiring and staffing needs.
Basic eligibility requirements for program participation follow.
Employers must:
- Be incorporated in Virginia
- Be in good standing with the state
- Have 99 employees or less
For new hires:
- Must have been brought on board after May 31, 2021
- The position must be W2 and come with a wage of $15 an hour or more (tips can be included in wage determination)
- Must attest to having been unemployed at the time of hire*
The SkillSource Group, Inc. and Virginia Career Works Northern Region are working hard to make this program available to the small business community and to make the application, enrollment and reimbursement process as simple as possible. Stand out from the competition, increase new employee morale and take part in the Return to Earn Program. Click here to access an online application.
*Length of unemployment is dependent on time of hireTysons small businesses: Hiring? Here’s how to get help
You’ve seen the signs — perhaps falls, increased frailty or worsening medical conditions in your loved one. You know in your heart the best decision is to move mom or dad into an assisted living or memory care community.
But where do you start?
Please join The Kensington Reston for this ask the expert virtual panel discussion to assist you on your journey and answer questions for a positive transition into an assisted living and memory care community.
RSVP online at KensingtonReston.com/events — or call 571-356-9052.
Fall is finally here, and that means it’s time to do some fun decorating both inside and outside your home. Here are some affordable ideas to spruce things up and get festive!
Window boxes and outdoor flower arrangements with gourds, pumpkins, cabbage and kale. If you don’t have a window box, fill your summer plant containers with mini pumpkins (available at Giant for only $1), sprigs of wheat or twigs, plus pansies, which are incredibly hardy and last through winter.
Even better, head to Hobby Lobby for its great selection of faux fall decorations and use them year after year. Also, check out its selection of mini-string lights, which look great indoors wound around a simple serving tray with vintage books or decorative objects you already own.
Chunky knit throws, textured linens and shag rugs, which you can also drape over furniture. The idea here is to add texture to increase interest in the room. Pair a chunky throw in a fall color with a basket in your family room to inspire a cozy movie night. You can find unique throws at HomeGoods or TJ Maxx. If you’re crafty, you can easily make these with wide weave yarn from Michaels (and they make great holiday gifts!). IKEA has loads of affordable textured area rugs and faux fur animal throws.
Anything in plaid or earthy tones especially reds, yellows and greens. Adding some new throw pillows to your couch can easily upgrade the room and bring the look into fall. I’m seeing a lot of accessories in dark yellow, which look great with a brown leather sofa and a black/white textured blanket. If you’re considering new window treatments, there are some great buffalo check options on Wayfair that are very affordable and timeless.
’70s inspired raw wood and wicker. On the trendier side, there are a lot of new furniture pieces in raw, honey-colored wood with metallic accents, which fit into the Danish modern look. Also, there are many wicker chair options in modern silhouettes that make really affordable additions to any room. I hate to say it, but I’ve seen a lot of macrame at Home Goods lately. That’s one trend I was hoping wouldn’t return! But I do love the idea of texture to decorate a wall.
Anything with a vintage, rustic look. One of my favorite antique stores is The Old Lucketts Store just outside of Leesburg. Make an afternoon of it with some friends (and ideally a pick-up truck) to source some affordable antiques and accessories. Lucketts also has an amazing holiday market. There are a bunch of nearby breweries and wineries, too!
Lynn Cooper is a licensed REALTOR in Virginia with McEnearney Associates in McLean. Whether buying or selling, Lynn is 100% committed to her clients before, during and after the transaction. Connect with Lynn at 202-489-7894, [email protected]Â or @lynncooperrealestate.
The annual Lime Connect Century Ride: A Ride To Rebrand Disability is back in Reston this Saturday, Oct. 9!
Proceeds from the ride go toward funding our Lime Connect Pathways Scholarship for college-bound high school seniors with disabilities and the ongoing development of Lime Network members.
Join us at The Bike Lane (11150 Sunset Hills Road #110) on Thursday, Oct. 7 and Friday, Oct. 8 from 4:30 to 7 p.m. to register for the ride and and have one of The Bike Lane’s famous brews while you’re there. There are a variety of distances from 10 to 100 miles on a fully marked and supported course through scenic Reston.
Each rider will receive an official 2021 Century Ride T-shirt, a Century Ride swag bag filled with gifts from our sponsors and entry to our live post-ride celebration including our signature commemoration glass beer mugs, refreshments and more!
We hope to meet you at The Bike Lane and see you out on the course!
Don’t want to ride, but still want to support the cause? Donate to one of our riders or teams!
By Mina Fies, Founder & CEO, Synergy Design & Construction
It’s almost here! The transformation of our mid-century Lake Anne home is in the final stages, and we’re getting ready to showcase its complete transformation as part of The Reston Home Tour on Oct. 16!
With deep gratitude, we’d like to take this opportunity to say a huge THANK YOU to the Reston community (and beyond!) for all of the support and encouragement you’ve sent our way in recent months.
Now it’s our turn to give something back in return. This is your chance to win TWO RESTON HOME TOUR TICKETS on us!
Missed our previous posts about the top to bottom transformation of our home? Read more about our journey here.
All you have to do is click on the image below to go to Synergy’s Facebook page and like/comment on our Reston Home Tour giveaway post to enter the draw for your chance to WIN!
The closing date is Oct. 14 at 1 p.m. Make our home the first stop on the tour and pick your tickets up there. Details will be sent to the winner on Friday, Oct. 15.
Didn’t win but still want to go on the tour? No problem! Reston Home Tour Tickets are on sale through the Reston Historic Trust & Museum (RHT) now. The event will be held on Saturday, Oct. 16 from 10 a.m. to 5 p.m. RHT is a non-profit organization, and all proceeds from the tour go toward their mission of preserving the past, informing the present and influencing the future of Reston.
Learn more about the other homes featured on this year’s tour and buy tickets here.
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.
Noncompete agreements in the Commonwealth of Virginia have undergone some changes since 2020. It’s very important to obtain legal advice before signing a noncompete agreement since noncompete issues often arise when an employee is facing termination from employment or a decision to leave an employer.
What is a Noncompete Agreement?
A noncompete agreement is a contract in which an employee agrees to give up a right that they would otherwise have in exchange for something from an employer. An employer often ties a noncompete agreement or clause to severance payments. The general purpose of a noncompete agreement is to ensure that a former employee does not use the knowledge they have gained with an employer and then later attempt to compete against them using this knowledge.
Virginia Requirements for Noncompete Agreements
In general, a noncompete agreement in Virginia must be reasonable to be valid. An agreement that restrains competition “must be evaluated on its own merits, balancing the provisions of the contract with the circumstances of the businesses and employees involved.” Omniplex World Servs. Corp. v. US Investigations Servs, 618 S.E.2d 340, 342 (2005).
According to the Virginia Supreme Court, in order to be enforceable, a noncompete agreement must meet a three-part test. Under this test, the employer bears the burden to show that the non-compete agreement or clause is:
- no greater than necessary to protect a legitimate business interest,
- is not unduly harsh or oppressive in curtailing an employee’s ability to earn a livelihood and
- is reasonable in light of sound public policy.
Modern Env’Ts v. Stinnett, 561 S.E.2d 694, 695 (Va. 2002); Assurance Data v. Malyevac, 747 S.E.2d 804, 808 (Va. 2013); Gordon v. Blue Mt. Therapy, 2021 U.S. Dist. LEXIS 105432 (W.D. Va. June 4, 2021).
Determining the enforceability of such an agreement “requires consideration of the agreement in terms of function, geographic scope and duration, with these factors considered together.” Home Paramount Pest Control Cos., Inc. v. Shaffer, 718 S.E.2d 762, 764 (Va. 2011).
When applying these tests in Virginia, the courts have become more employee friendly in recent years. Noncompete agreements that are too vague or cumbersome may be invalidated. Courts are more likely to enforce noncompete agreements that are reasonable, have a limited geographic scope and are precise in their terms.
Virginia Recently Barred Noncompete Agreements for Low-Wage Workers
Virginia has also added new protections for low-wage workers, exempting them from noncompete agreements. As of July 1, 2020, Virginia now prohibits employers from placing noncompete restrictions on low-wage employees. This law only applies to noncompete provisions that came into effect on or after July 1, 2020. See Virginia Code § 40.1-28.7:8.
Contact Us
When noncompete issues arise, it’s important to get legal advice early and not wait until issues develop. These types of agreements, even if already in effect, may be renegotiated. If you are employed in Virginia and have signed or are considering signing a noncompete agreement, you should seek the advice of a qualified Virginia employment lawyer.
If you are in need of advice regarding noncompete agreements or clauses, please contact our office at 703-668-0070 or through our contact page to schedule a consultation. Please also visit and like us on Facebook or Twitter.
