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.

Our lawyers represent federal employees in federal employee grievances nationwide. Each federal agency has their own unique grievance procedures, and it is important to have counsel familiar with the differences.

Grievance Process for Federal Employees

Federal employees typically use a grievance when they want to challenge an action at work (e.g., discipline, performance, treatment at work). The main purpose in filing a grievance is to resolve an employment dispute through compromise (where possible) or by having a senior-level supervisor reverse an earlier decision.

Two Types of Grievances

There are usually two types of federal employee grievances, one filed through union grievance procedures and one through a federal agency’s administrative grievance process. Those not eligible for union grievance processes are often able to file their grievance through the administrative grievance process. Before a federal employee files a grievance, it is important to consult with a lawyer.

Drafting the Grievance

Depending on the applicable administrative grievance policy or union collective bargaining agreement, the first step in the grievance process can vary. Many grievance policies require that a federal employee notify a supervisor verbally of the grievance prior to filing a written grievance. Other grievance procedures require that a written grievance be filed first in order to start the process.

Following the Steps of the Grievance Procedure

Depending on the federal agency, a grievance can include anywhere from 2-5 different steps in the process. Usually, a written grievance is followed by a meeting to discuss or present the grievance in person. When we represent federal employees in grievances, a lawyer presents the grievance, and the federal employee also speaks in order to provide key facts in the dispute. Usually, at the end of the grievance meeting, we will present a proposal to resolve the grievance. Following the grievance presentation, the federal employee’s counsel will usually hear back informally about the proposed resolution or the federal employee will receive a written decision on the grievance itself.

In our experience, a successful grievance resolution requires compromise by both parties. After each of the steps, the grievance generally moves to a higher-level supervisor as it progresses through the process.

After a Grievance Decision

If a grievance is not resolved at the end of the grievance process, many federal agency policies: (1) allow federal employees to request arbitration through their union (usually just in union-based grievance procedures), (2) provide federal employees the right to request an administrative hearing on the grievance, or (3) provide additional rights for review. It is important to understand how an applicable grievance procedure works for a particular federal agency prior to filing a grievance.

Conclusion

When a federal employee is considering filing an administrative or union grievance, it is important to have an attorney represent or advise them. Our law firm represents federal employees in the different types of grievance processes. We can be contacted at www.berrylegal.com or by telephone at (703) 668-0070.

The preceding sponsored post was also published on FFXnow.com

Headed to a potluck or party where additional dishes are welcome? Bring something healthy to help you and others age and eat well.

This biweekly column is sponsored by The Mather in Tysons, Virginia, a forward-thinking Life Plan Community for those 62 and better.

While we’re all likely enjoying more time at restaurants, outdoor gatherings, wedding receptions and birthday parties, we may suddenly gain some extra pounds with all of these added festivities!

This can be particularly true for those age 60 and better, who may gain weight more quickly due to natural changes in metabolism and hormones. Of course, you can try to burn off those extra calories with exercise — but it’s also good to practice moderation in the first place.

Here are some tips to help party-goers of all ages avoid the gain and still have fun:

• If you’re an evening exerciser, try moving your workouts to the mornings, that way get-togethers don’t interrupt your exercise routine.
• Don’t go to a party hungry! You’ll have more will power if you eat a healthy, filling snack before you leave. Try an apple with peanut butter, or Greek yogurt mixed with fruit.
• If you’re heading to a potluck or party where additional dishes are welcome, bring something healthy, like a veggies and dip platter. That way you’ll have at least one nutritious choice.
• When you arrive at an event, discreetly scope out the food options before you start nibbling. Choose the healthiest options and decide which treats you must have — then skip the rest.
• Have a piece of sugarless gum or a mint ready for when you’ve eaten all you think you should.
• Throw your own party where you can control what’s served. Include healthy options for drinks as well as dining.
• When drinking, stick with wine, sparkling wine, or beer. You’ll avoid high-calorie mixers in many cocktails — including soda water, tonic, and juices.
• Alternate each alcoholic beverage with a glass of still or sparkling water. This will help keep you hydrated and sober, and save calories for the goodies at the buffet!
• Be aware of how many calories (and how much alcohol) is in your glass. Depending on the generosity of your bartender, your glass of wine may hold more than a standard serving (5 ounces).

The Mather, projected to open in Tysons, VA, in 2024 for those 62 and better, is a Life Plan Community where residents will have countless culinary options at their fingertips through modern, high-end kitchens in apartment homes and multiple restaurants onsite.

The preceding sponsored post was also published on FFXnow.com

Aging Well

This biweekly column is sponsored by The Mather in Tysons, Virginia. You can take specific steps to improve your perceptions on aging, which in turn can bolster your health, according to Mather Institute.

How do you feel about your age?

Your response can have consequences for your health and happiness. That’s because studies have shown that our perceptions of aging can have an impact on our own current and future well-being.

“There is a large body of research that shows positive perceptions of aging — seeing later years as a time of continued growth and enjoyment — is associated with better health and stronger relationships later in life. In other words, our expectations of aging impact our behavior and our future outcomes,” says Jennifer Smith, PhD, director of research at Mather Institute. The Institute is the research arm of Mather, the parent organization of The Mather, a Life Plan Community coming to Tysons. The Institute is an award-winning resource for research and information about wellness, aging, trends in senior living and successful aging service innovations.

As part of its own research, the Institute referenced proven benefits of having a positive perception of aging:

• Longevity: In a 23-year study, older adults who reported more positive self-perceptions of aging lived 7.5 years longer than those with more negative self-perceptions of aging.
• Illness: In a study of 1,286 people (average age of 57), those who indicated that aging is a time of continued learning and development reported decreases (or slower increases) in physical illnesses six years later.
• Functional Health: Older adults with more positive perceptions of aging report better future functional health, such as the ability to do household chores and climb stairs, compared to those with more negative perceptions of aging. 
• Brain Health: Compared to people with more positive views of aging, people who endorsed more negative age stereotypes displayed greater signs of risk factors for Alzheimer’s disease when their brains were examined decades later. 
• Psychological Well-Being: Older adults with more negative perceptions of aging reported greater increases in depressive symptoms three years later, but high levels of optimism helped protect against this effect.
• Healthy Behaviors: Those with more positive perceptions of aging tend to engage in more preventive health behaviors and physical activity compared to those with more negative perceptions of aging.

Change Your Views

The good news is that, even if you’re not feeling very positive about aging, you can take steps to change your attitude and enjoy the health benefits above. All it takes is consciously focusing on appreciating positive experiences. Dr. Smith led a study in collaboration with Loyola University Chicago that revealed that people who took steps to savor their life lessons — reflecting on events in their past that led to knowledge that they wouldn’t want to give up — specifically “grew” their positive perceptions of aging.

You can try this on your own. Research has shown that practicing savoring, or increasing awareness, intensity, and duration of positive feelings, can boost your happiness and life satisfaction. Focusing this practice on positive reminiscence can affect perceptions of aging specifically.

To savor your life lessons, make time to reflect on a meaningful past experience, then write down what you learned from it. Take time to consider the wisdom you obtained, then identify how that wisdom has had a positive impact on your life. Repeat this exercise with other experiences from any time in your life. You can also tell family members or friends about some of your valuable life lessons, which is another means of savoring.

These research findings confirm that Aging Well can depend on your outlook — and luckily, each of us has the opportunity to control and change our perceptions and attitudes.

The preceding sponsored post was also published on FFXnow.com

By Nicola Caul Shelley, Synergy Design & Construction

Not thinking of a complete home remodel but looking for a few design ideas to spruce your space? Then look no further, as this month the Synergy team are providing some easy hacks any homeowner can do that provide an instant upgrade.

Mina, Founder

Mina’s top tip?

“Consider using decals because they’re inexpensive, easy to order and you can install them without professional help. I did this myself in my office with roses on a dark wall. Choosing this type of contrast easily creates drama and a ‘designed’ space while remaining flexible enough to remove the decals and choose a different paint color when you tire of it down the road.”

Emily, Interior Designer

When it comes to quick, but high-impact changes, Emily has lots of tips!

“If you can only do one thing at this time to update or make an impact on your space to make it look ‘designed’, it’s paint, paint, paint! Walls that is! Painting cabinets is a whole different ball game and painting walls is way easier, with a big impact.”

“If you’re able to hire a painter, great, but even if you have to spend a weekend to invest some time in taping, prepping and painting some walls yourself, it will make a huge difference. Paint instantly elevates any furniture or decor you then add to the room. I’ve (DIY) painted at least the bedroom and living room of every apartment/rental/house I’ve ever lived in even if it was only a year-long living situation. To me, the impact of paint outweighs even having to prime and paint back the rooms to their original color at the end of a lease!”

Download our FREE Guide to Paint Finishes to get you started!

Emily’s second tip (although, if you’re not handy or good at DIY, you might need a little outside help!) is to add vertical interest and/or add architectural details to a space. For example, create a tile, stone or millwork fireplace surround that goes to the ceiling or add a shiplap wall. These details create visual interest and can completely alter the look and feel of a room. Check out the carousel below for inspiration!

Maegan, Office & Client Relations Manager

Maegan is all about letting nature be an interior design inspiration.

“This time of year is a great time to think about biophilic design. It might sound technical, but it’s not. Biophilic design is the practice of connecting to nature in our inside spaces. Studies show that when we connect to natural elements, we tend to feel less stressed, more restored and even more productive and creative. This is true for both our work and home spaces and is fairly simple to achieve.”

• Houseplants are a great way to bring the outdoors in. Or if you don’t have a green thumb, pick up fresh flowers weekly at the grocery or local farmer’s market.
• Let there be light.. and fresh air! Open the blinds to let in sunshine and allow it to filter through your space. And if the weather is agreeable, open a window, too! Not only will that allow fresh air in, you can hear birds chirping or leaves rustling.
• Bring in a water feature like a tabletop fountain. With so many people living and working in urban environments, the sounds of water can create a soothing change of pace.
• Even hanging images of natural surroundings can have biophilic benefits. Botanical prints or landscapes work well. Or any photos you’ve taken yourself on trips or times outdoors not only have the benefit of bringing nature in, but have special meaning because it represents a moment special to you.

Barbara, Project Coordinator

Barbara’s got two top design tips!

“Add floating wall shelves to a room to reflect your mood and personality. It is a great way to showcase fun and special items that are meaningful to you. These items can be changed out throughout the year. This is something that anyone can do and a great activity for the entire family. It is easy and inexpensive. Just let your creative juices flow and think about what makes you happy!”

“It’s not all about interiors! My second tip is to update your patio or porch with flowering annuals and colorful pots and accessories. It is an inexpensive way to add warmth and charm to your outdoor space, not to mention added curb appeal. This is perfect for the person who loves to ‘play in the dirt’. And added bonus? Bees, butterflies, ladybugs and dragonflies will love it.”

Nicola, Director of Marketing

I am not afraid of using color in my own home. If you aren’t brave enough to paint an entire room or even an accent wall and prefer to keep your wall color neutral, you can easily add a pop of color with accessories. It doesn’t have to be one color: pick a palette of three or so complementary colors that appeal to you and bring a room to life with artwork, cushions and rugs. The nice thing about this is you can switch things up as the mood (or seasons) change.

My second suggestion is to group more than one photo or pieces of art (such as a triptych — three coordinating panels or pictures). Grouping of photos and art is a great hack that doesn’t need to break the budget but gives a designer touch. It’s also great if you have a large wall where one piece might look a little ‘lost’.

In the example below, the walls are neutral but the yellow, gray and blue touches and the grouping of the three pieces of art in the same colors brings the room together.

Check out some of our Before & Afters to see how we used these ideas in local home remodels and get inspired with what’s possible in your space!

The preceding sponsored post was also published on FFXnow.com

Fraud is any dishonest deception intended to gain something by taking advantage of someone. It is an act of profiting from someone else’s loss. The basic elements of fraud include:

• The intention to deceive
• Misrepresentation of material fact
• Knowledge of falsehood
• Reasonable reliance by the victim
• Injury suffered

Fraud can be a criminal or civil tort, depending on the situation. These two are different, and as such, criminal fraud cases will be handled differently from civil fraud cases. This article highlights the types of fraud, and their differences.

What is Criminal Fraud?

“Any action intended to deceive another through false representation of fact that causes a legal detriment to the person who relied on such information, according to criminal fraud law, amounts to a crime.” Criminal fraud is regarded as a “white collar crime.”

It is a crime that involves deception and cheating another party to gain a financial advantage over them. It includes using a false representation of facts to deceive an individual who is made to believe such information is reliable.

Local, state, or federal prosecutors usually enforce a criminal case. These prosecutors must prove that a defendant willingly committed the fraud, intending to enrich themselves from it and that the victim suffered losses. Even in cases where the fraud was unsuccessful, prosecutors can still pursue a criminal fraud case.

What is Civil Fraud?

Civil fraud is a type of fraud that also involves a forged misrepresentation or inducement. The plaintiff in a civil fraud claim must prove that they suffered damages from the act.

If the plaintiff in a civil fraud case wins, the defendant will have to pay back economic and non-economic damages. Economic damages include loss of income, property, and other financial assets. Non-economic damages would cover things like pain, stress, and suffering.

What Differentiates Criminal Fraud from Civil Fraud?

“A basic difference between the two types of fraud cases is that a criminal fraud case usually occurs between the government and an individual, while a civil fraud case is between two individuals,” says attorney William M. Bailey of BK Law Group.

In a civil fraud case, the plaintiff who goes against the defendant is the victim of the fraud. But in a criminal fraud case, the government (prosecutors) attempt to prove the defendant is guilty of the fraud they are accused of.

Another difference is that the defendant faces possible imprisonment or probation, paying fines, and restitution to the victims in a criminal fraud case. However, in a civil fraud case, the punishment is often to reimburse for the damage suffered by the victim.

The difference here is that civil fraud cases are concerned solely with the payment of damages. In contrast, a criminal case will sanction the guilty defendant with fines, prison time, and other punishments.

One way a civil lawsuit differs from a criminal lawsuit is that the burden of proof is placed on different parties. In a civil case, the plaintiff must prove that the defendant caused them injury through fraud. But in a criminal case, the prosecutor must prove the truth of the charges, and that the defendant committed fraud beyond a reasonable doubt.

Civil cases also see less publicity than criminal cases due to their nature. A lot of criminal cases involve witnesses, and may involve news coverage as well.

Conclusion

Criminal and civil are the two types of fraud that can lead to a lawsuit. While both cases have deception in common, they still differ.

Accidents are a common sight on U.S. roads — nearly 14,000 crashes are recorded each day. Therefore, knowing what to do and what to avoid after a crash is vital.

It is expected that you will be confused, shocked, or angry after an accident. However, the steps that you take after the crash should be intentional. First, ensure that you seek medical attention for injuries sustained, as health always comes first.

Next, ensure that you get a police report on the accident. Once all this is settled, you can hire a personal injury lawyer to advise on the next steps, like filing a personal injury lawsuit. Lawyers are very helpful in such circumstances due to the following reasons:

They Help Estimate the Value of Your Damages

Accidents will most certainly cause property and financial losses to the victims. While seeking compensation, it is common for insurance companies or the party at fault to offer a little reimbursement, often less than what you have lost. Having a lawyer by your side will protect you from under-compensation.

Lawyers know what to look for when making a settlement claim. When calculating your losses, they will include long-term costs like lost wages and medical bills. Moreover, they will also help quantify other aspects of your compensation claim, like psychological trauma, pain, and suffering.

They Give Professional Advice

Lawyers are very resourceful in guiding you after an accident. Firstly, they help you avoid pitfalls when speaking to insurance companies, authorities, and other parties. They will help generate statements that cannot be used against you in later stages of the case.

Similarly, they will provide tips on optimizing your case. This includes collecting vital information after a crash. Additionally, they will advise you to gather certain details from the accident scene as well as keep track of your medical and transport expenses.

Finally, they will instruct you on the steps to take. Without proper knowledge of personal injury claims, you might make mistakes that will impact the outcome of your claim. “Your lawyer may guide you on the course of action, especially if you are uncertain about what to do” says Andrew S. Kryder of The Kryder Law Group, LLC Accident & Injury Lawyers.

They Represent You in Court

Following up on the case may be challenging if you are still recovering from the accident. Moreover, you may not be accustomed to the intricacies of the legal system. You might also have difficulties with the documentation process and meeting court deadlines.

An experienced lawyer can help you achieve all this without your direct involvement, which is helpful if you do not want public attention. They can collect important evidence and witnesses to help your case. Handling a personal injury claim by yourself might also be intimidating, especially when dealing with big companies.

They Help You Fight Intimidation Strategies

Employers and insurance companies can devise intimidation strategies like threats and lowball settlements to prevent you from filing a lawsuit. An attorney will help react accordingly to pressure from the workplace and other strategies by insurance companies to delay the claim process.

The Takeaway

Filing a personal injury claim is a long and complicated process. Fortunately, lawyers can help simplify the process by calculating your losses, gathering evidence, and representing you in court.

A good lawyer will also advise on what to do and avoid to improve your chances of receiving legitimate compensation.

As part of a broad criminal justice reform approved by President Donald Trump more than three years ago, the Justice Department will start transferring hundreds of offenders out of federal prisons this week.

In legislation published in the Federal Register on Thursday, the Department of Justice explains how “time credits” for convicts will function. The bipartisan legislation aims to encourage offenders to participate in recidivism-reduction programs, which could help them reduce their jail time.

It also makes obligatory minimum sentences less stringent and provides more leeway to judges in passing sentences. While the transfers are slated to begin this week, the exact number of inmates who will benefit from it is unknown. However, according to the government, “thousands” of convicts will be affected.

Inmates can earn time credits under a law enacted in December 2018 that allows them to earn 10 to 15 days of credit for every 30 days they participate in prison programs to minimize recidivism.

Anger management and addiction treatment are among the programs available, as are educational, career, and social skills workshops. The news of the publication of a finalized regulation came two months after the department’s inspector general raised concerns that the Bureau of Prisons had failed to apply earned time credits to nearly 60,000 federal offenders who had finished the programs.

It also came just a week after Michael Carvajal, the director of the jail service, announced his resignation in the face of rising criticism of his leadership. Both Democratic and Republican senators have pressed the Biden administration to do more to implement additional provisions of the First Step Act, and the FBI has been accused of dragging its feet.

For years, the bureau has had a serious staffing deficit, forcing teachers, cooks, nurses, and other employees to work as correctional officers. Employees have long maintained that taking them away from their other responsibilities to guard convicts causes delays in implementing the First Step Act because they have less time to teach seminars, examine release papers, and provide inmate services.

According to the Justice Department, the total number of programs for which offenders are eligible has risen, and detainees will not be penalized if they cannot participate due to circumstances beyond their control. For months, the department has been attempting to enhance bureau staffing.

The inmates who will benefit from the enactment will be placed in supervised release programs, home confinement, or the bureau’s residential reentry centers, also known as halfway houses. Inmates can earn time credits dating back to the First Step Act’s enactment in 2018.

The Law Outlines How Inmates Can Be Released

According to the Justice Department, specific offenders to be the first beneficiaries of the time credit program include:

• Inmates with time credits that is more than the number of days remaining on their sentence
• Inmates whose release is less than one year
• Inmates who are on supervised release

Transfers are in the works. More are expected in the coming weeks when time credits are applied to convicts’ records. The rule also alters the definition of a “day” of credit at the agency.

To qualify for time credit equivalent to one day of jail term, offenders would have to participate for eight hours in specified academic programs or prison occupations, according to a suggested version released in January 2020.

However, the final version alters the timeline and states that the last criterion “was inconsistent with the law’s purposes.” For every 30 days that inmates participate in programs, they will receive 10 days.

Inmates who stay in lower-risk categories for the entire 30-day term will receive an additional five days of credit. According to advocates, the approved definition of a “day” will make it simpler for a wide range of prison programs to count toward time credits, allowing more prisoners to be eligible for early release.

Barriers Affecting the Implementation of the First Step Act

“In recent years, the Justice Department’s implementation of the First Step Act has run into serious roadblocks as there have been many concerns raised from different quarters” says criminal justice attorney Jeffrey Lichtman. Among these are the need to reassess the risk and needs of all federal detainees using new standards and a lack of space in prison programs due to recurrent staffing shortages.

This came after advocacy groups objected to the bureau’s use of a rebranded version of its security assessment system rather than building a new one. The Prisoner Assessment Tool Targeting Estimated Risks and Needs (PATTERN) is a tool that uses an algorithm to examine all convicts and decide whether they are at high, medium, low, or no risk of reoffending.

The Justice Department altered the assessment program it was using to change measures. These measures potentially introduced a racial bias months after the bureau completed the legislation’s mandated “risk and needs” assessments. The assessments were revised to eliminate questions about an offender’s age when they were initially arrested and whether or not the inmate was offered the chance to turn themselves in at a jail.

However, campaigners claim that the PATTERN tool still has weaknesses and that it has resulted in racial discrepancies in its judgments in some circumstances. According to the rule, the department will continue to analyze the tool, consult outside experts, and attempt to “address and mitigate against racial bias or other inequities.”

Conclusion

Thousands of inmates will be relieved by this announcement, most especially those who have worked hard to turn their lives around and reunite with their families and communities as productive, law-abiding citizens. They can qualify for early release into welfare homes or home confinement if they acquire enough credits.

In some situations, offenders may be able to earn up to 12 months of credit toward supervised release. This initiative has given many prisoners hope of finishing their terms earlier than initially thought.

By Nicola Caul Shelley, Synergy Design & Construction

Undertaking your first major home remodel can be a daunting task. It’s not always easy knowing where to start and what to look out for when deciding on which home remodeling company or general contractor is right for you.

We’ve all heard the renovation nightmare stories. As a professional home remodeling company, the last thing we want is for any homeowner to end up in a situation where their remodel is dragging on and on with no end in sight, or to hear that the initial estimate given has now doubled and the total cost is growing by the day. So, this month, we’re looking at a few red flags and things to ask to help you pick the perfect remodeling partner for your project!

Red flag #1

A general contractor or home remodeling company tells you they can start construction in a few weeks. This should cause you to pause and ask why.

We’ve heard from a number of homeowners in the area recently who have told us they can’t even get remodelers and tradespeople to return phone calls. As with the housing market, the construction and home remodeling industry is still booming. There is no excuse for an unreturned email or phone call, but the reality is many companies have no bandwidth to start any new construction projects until later 2022/early 2023.

At Synergy, we can start the design process within the next six months, but construction start dates for new projects are now booking in early 2023. So, if someone comes to your home with promises of being able to start construction ‘in a few weeks’, ask questions why they have availability.

When it comes to how long it takes to complete a remodel, we’ve said it before, but we’ll say it again: no major home remodeling project is going to be completed within a couple of weeks (and at minimal cost) from the time you sign on the dotted line. Any company or individual who tells differently is setting you up for disappointment. Design thoughtful remodeling takes time. Design comes first, construction follows. We have a saying at Synergy “materials wait for construction, construction doesn’t wait for materials” meaning you should have made all of your design choices with most of them ordered (especially things like cabinetry and appliances which have extensive lead times — especially in recent times due to supply chain issues) before anyone comes anywhere near your home with a sledgehammer.

The point is, if you’re thinking of a home remodel, have realistic expectations about how long the process will take. Start the conversation now and don’t call in the early fall expecting to have your new kitchen by Thanksgiving!

Red flag #2 

The contractor gives you a cost on their first visit.

This one makes us crazy! We know you want to know on the first visit, but asking a professional remodeler how much a remodel costs is like asking, “How much is a car?” The make, model, engine size, alloy wheels, leather seats, heated steering wheel and that third row you really want to ferry the kids around all increase the price. The same thing applies to home remodeling. Providing a free estimate for a simple pull and replace powder room remodel or to paint your main level is one thing, but totally different for a full kitchen or other home remodel.

A number of things impact the cost of your remodel from changing the footprint (which usually requires plumbing, electrical and/or mechanical changes), to the cabinetry line you want to the level of finishes you expect. No one wants to be change ordered at every turn during the remodeling process when you have no option but to pay more to get the job done. Not every remodeler takes the same approach, but we’d rather be realistic about cost with you upfront so you know what you’re getting yourself into rather than get to the end of the project with your budget blown and costs twice what you’d been told initially.

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

Kitchen Remodel in Fairfax (Photo courtesy Synergy Design & Construction). At Synergy, we pride ourselves on coming in on-time, on-budget for every home remodel!

Red flag #3 The contractor hasn’t worked on a project of similar size and scope to your project before.

This one is a recipe for disaster. Before you meet any potential remodelers, poke around the contractor/remodeling company’s website and take a look at project examples to get a sense of the size and scope of a typical project they work on. Read testimonials and Google reviews — they are a great way to get a sense of what a company is all about from real clients.

A cautionary tale! One of Synergy’s project photos turned up in the marketing materials of another company who had just started out and they didn’t have a portfolio of their own. If something doesn’t seem right to you, trust your gut and ask to see photos from actual projects they have completed.

Red Flag #4

You’re told you don’t need a permit for your remodel.

If a contractor tells you this, one of two things is happening. You are doing a small, simple pull-and-replace type remodel and just replacing cabinets or countertops or they are not telling you the truth. Why lie? Because permits take time and cost money. The bottom line: If you are undertaking a remodel in any part of your home that requires moving or adding mechanical, electrical, plumbing or even walls within your home, you need a permit.

Reputable companies will submit permits and get approvals on your behalf. Read more about why it’s important to permit and what the longer term consequences are if you decide not to apply for a permit here.

Red Flag #5

The contractor outsources all of their work to subcontractors.

Not all remodeling contractors or remodeling companies are set up in the same way. Don’t be afraid to ask questions about how they source carpenters, designers, project management and specialty trades (think plumbing, mechanical, electrical, drywall, tiling etc). Are they in-house or subcontractors?

When you work with a full service design-build firm like Synergy, there will usually be an in-house team who work on your project. The benefit of this is continuity and a single point of accountability with less likelihood of things being forgotten or dropped during handoffs. At Synergy, we have a team of carpenters, interior designers and project managers who work on your remodel but we partner with trusted speciality trades who we manage on your behalf. Read more in Life Under Construction: Who’s in Your Home?

And lastly, don’t assume the contractor is licensed and insured. Ask!

Thinking of a home remodel and not sure what’s possible or where to start? Give us a call! Our consultations are free and we’re happy to help you get started!

The preceding sponsored post was also published on FFXnow.com

Some people may have the perception about the back seat being the safest spot for passengers. While this may have been true at one time, new safety technology in vehicles have made this assumption incorrect.

Recently, the numerous safety advancements in the automobile world have improved seatbelt technology among other changes. However, many of these advancements have predominantly benefited front-seat passengers.

After a car crash, the effect of the impact can be far worse for back-seat passengers than for the occupants in the front. Some reports indicate automakers are yet to offer the same safety features for back-seat passengers. However, there are plans to develop a technological safety feature for back-seat passengers.

Fatal Injuries Common With Back-seat Passengers

Studies have shown that back-seat passengers are faced with more fatal injuries than front-seat passengers. In the event of a car accident, back-seat passengers can experience:

• Severe concussions
• Traumatic brain injuries
• Chest, Abdominal, Neck, and Spinal injuries
• Bone fractures

Why Riding in The Back Seat is More Dangerous

The lives of front-seat passengers are at risk if back-seat passengers refuse to wear their seatbelts. This is because the space between them offers no protection from the impact of a collision.

Additionally, in the event of an accident, unfastened backseat passengers can be propelled forward, causing significant or even deadly damage to the driver or front-seat passenger.

However, safety isn’t assured for back-seat passengers who put on their seatbelts at all times. This is because some automakers create enhanced seatbelt technology for front-seat passengers while not offering such technology for back-seat passengers.

This is why, if compared to front-seat passengers who fastened their seat belts, buckled back-seat passengers are at higher risk of being severely injured in a car crash. Some vehicles have a more advanced front-seat belt option that adjusts instantly if a collision is likely, but this technology is not always used for seatbelts in back seats.

Even the National Highway Traffic Safety Administration (NHTSA) has advised people aged 55 and over to always stay in the front seat. In their study, the Insurance Institute for Highway Safety found that a higher number of fatalities were back-seat passengers between ages 50 to 80. They called on the auto industry to make the back seat a top priority in their newest auto technology.

Back Seat Safety Features Motorists Wish Were in Place

The safety of back-seat passengers is important. Automobile manufacturers are going ahead to create safety features that will safeguard all vehicle occupants, even as the auto industry and safety authorities learn more about the value of back-seat safety technology.

Some of the features that can provide additional safety for back-seat passengers include:

1. Airbags for Back-seat Passengers

Front-seat passengers enjoy the airbag safety feature. This feature can also be provided for back-seat passengers. The airbags can ensure that back-seat occupants do not collide with any hard surfaces, and prevent them from being fatally injured in the case of a crash.

Air-filled back-seat belts are available in some premium vehicles, minimizing the force on the occupant’s chest if there is a collision. Some auto manufacturers include airbags that expand from the back of the front seat, providing additional protection for the head, neck, and shoulders of back-seat passengers. The back airbags can be further tested to see if they are compatible with child car seats.

2. Individualized Protection

Back seats can be engineered to automatically change to accommodate the demands of a broad range of passengers of different sizes, ages, and shapes. There are reports that seat belt manufacturers are developing technology that adapts the position of the shoulder belt to the passenger to provide a secure fit.

3. Crash Simulation

There are no crash test ratings for the safety of back-seat passengers. Researchers at the Center of Injury Research Prevention are test running better safety measures for back-seat passengers using computational human body models.

These models measure how well a booster seat protects a child even if they are not sitting correctly. Some researchers are also running simulations using taller or shorter occupants than usual, as crash simulation mannequins do not typically reflect these people.

Ways to Make the Back Seat Safe for Children

Children and babies frequently occupy the back seat of a car. Even if a car does not have the latest back-seat belt technology, parents and guardians can do the following to ensure that the back seat is safe.

1. Choose a Suitable Car Seat

The process of selecting a safe spot in the car can be pretty challenging. Parents or guardians must determine whether it is suitable to switch their child from a back-facing seat to a forward-facing seat in addition to selecting the seat.

Except if the child’s height and weight matches the limits listed on the car seat label, the American Academy of Pediatrics (AAP) suggests that children under the age of two ride in a back-facing car seat. Children should sit in a booster seat and remain in a forward-facing car seat until they can no longer fit in it. A pediatrician can recommend the safest car seat based on a child’s height, weight, and age.

2. Dispose of Loose Objects

Most times, objects such as cans, plastics, and other items are frequently left on the passenger seat, the floor, or the console between the front seats by drivers. These objects can cause harm to a driver or passengers if there is a sudden halt or collision. It is advisable to put all loose objects in the trunk of a car, glove compartment, or behind the seat pockets.

 3. Change Faulty Car Seats

If a car seat has torn straps or is otherwise defective, it should be changed immediately. Car seats are costly, but parents should avoid buying used car seats to cut costs.

It is difficult to determine if the second-hand product was correctly used and maintained. If there are loopholes like some parts missing or broken, it may not protect the child from severe injuries if there is a car crash.

Conclusion

Back-seat passengers are at higher risk of injuries in a car crash. Automakers can help in minimizing this risk by paying more attention to the safety of backseat passengers while coming up with new car safety features.

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.

When federal employees are fired, demoted, suspended, face Whistleblower issues, retirement problems, military discrimination or a host of other civil service issues they often can take their cases to the Merit Systems Protection Board (MSPB).

The MSPB is an administrative court that functions much like a civil court for federal employee claims. Here is a summary of the MSPB process, which varies depending on the type of claim.

Filing an MSPB Appeal

The first step in the MSPB appeals process is for a federal employee to file a MSPB appeal. For most types of cases that the MSPB hears (e.g., those involving removals or severe suspensions for federal employees), the deadline to file an appeal is typically 30 days from the effective date of the decision. It is critical to timely file an MSPB appeal or it will most likely be dismissed. Appeals are mostly filed electronically these days through the MSPB e-Appeals website. Different deadlines may apply for some whistleblower, military discrimination and other types of cases so having counsel is very important in MSPB cases.

Receipt of the Acknowledgment Order

Usually, within a week of filing an MSPB Appeal, an administrative judge will be assigned and issue an Acknowledgment Order setting the ground rules and timelines for the appeals case. Of key importance are deadlines to conduct depositions and/or seek documents related to the case from a federal agency. In some cases, the order may also require the federal employee to prove that the MSPB has jurisdiction (i.e., can hear the case) over their case or to require a federal employee to respond to other issues in the appeal.

The Agency Files a Response to the Appeal

Usually, 20 days after the issuance of the Acknowledgment Order, the federal agency involved in the appeal is required to provide their case file to the MSPB administrative judge and the federal employee. This file will include the documents related to the federal agency’s case and also their initial response to the Appellant’s appeal. The file is often helpful for use in the case.

Settlement

The attempt to settle an MSPB appeal can happen at any point of the MSPB appeals process. We often find that it takes place most often before or slightly after the discovery process. The settlement process at the MSPB can take many forms: (1) informal settlement talks between the parties; (2) MSPB settlement judge involvement; or (3) the Mediation Appeals Program at the MSPB. It is very important to focus on settlement early in the process, where appropriate.

Discovery (Seeking Documents and Taking Depositions)

In most cases, 30 days after the issuance of the Acknowledgment Order, the parties are required to submit initial discovery requests to each other if they choose to engage in discovery. The discovery stage is very important as it is the federal employee’s chance to obtain documents, correspondence, emails, video, data or audio in the agency’s possession which can be used to help the federal employee during the hearing. One of the most important aspects of discovery is the ability to question federal supervisors or others, under oath, in depositions. Depositions by a federal employee’s attorney can lead to very important information which can be used in a federal employee’s appeal.

Pre-Hearing Submissions

Prior to the MSPB hearing, the administrative judge will require pre-hearing submissions from each party. These generally include the parties’ versions of the issues to be heard, any agreed to stipulations, the documents to be used as exhibits in the case and potential witnesses sought for the case.

Pre-Hearing Conference

Prior to the MSPB hearing, the administrative judge will then review both parties pre-hearing submissions, meet with counsel for both sides (usually by telephone) and rule on witnesses, exhibits and other issues likely to come up at the hearing. A federal employee needs to be prepared to argue for the admission of their exhibits, witnesses and for the issues that will be heard at the MSPB hearing.

The MSPB Hearing

The MSPB hearing typically takes about 1-2 days depending on the number of witnesses involved. It can be held in person or conducted by video conference. During the hearing process, there will usually be opening statements by both sides. This will be followed by the examination and cross-examination of witnesses for both the federal employee and that agency. A court reporter will also transcribe the testimony given. There may be closing arguments and/or written closing submissions prior to the issuance of the administrative judge’s decision in the case. The written decision will then be issued.

Appeals from Adverse MSPB Decisions

Should the MSPB administrative judge issue an adverse decision, either party can file an appeal known as a Petition for Review (PFR) usually within 35 days after a decision is issued and will be reviewed by the MSPB’s Board on appeal.

Contact Us

If a federal employee needs assistance with a MSPB appeal, please contact our office at (703) 668-0070 or at www.berrylegal.com to schedule a consultation. We represent federal employees nationwide in MSPB appeals. Please also visit and like us on Facebook.

The preceding sponsored post was also published on FFXnow.com

Dump trucks are standard in areas close to construction sites or quarries. Dump trucks are essential to the construction process by transporting materials to building sites. These multipurpose heavy-duty trucks transport large volumes of loose materials such as dirt, sand, ores, gravel, and more.

Unfortunately, dump trucks can also be dangerous, especially in tip-over accidents. Over the past few years, dump truck accidents have steadily risen, as the Federal Motor Carrier Safety Administration (FMCSA) reported, and can cause severe injuries and death.

What Makes Dump Truck Accidents Dangerous?

In 2019, dump trucks accounted for 8 percent of all fatal accidents involving large trucks and buses. These trucks were involved in more than 6000 crashes that resulted in severe injuries during the same year.

A dump truck can become dangerous when there is instability or unevenness during the dump. The Texas Department of Worker’s Compensation (TDI) mentions how this can occur in many ways below:

Stability of the Truck End Dump

When the back-end box carrying the materials in the truck is raised, the truck’s center of gravity can become unbalanced. The lack of stability on these trucks during unloading can increase the chances of a tip-over accident.

Uneven Loads

In addition, the truckload can be packed unevenly, furthering the chances of a tip-over accident. Sometimes the truck driver may need to unload on uneven ground or slopes. This may cause the load to not flow appropriately during dumping, increasing danger for the driver and those around the truck.

Wheel Stability and Mechanical Factors

The truck’s stability may also be compromised if the back wheels settle unevenly while dumping. Finally, mechanical factors can also contribute to the dump truck’s stability. Some mechanical factors include poor suspension, uneven tire pressure, and worn or inadequate components in the lifting system.

How to Prevent Dump Truck Accidents

How can you prevent dump truck accidents? The TDI has recommended several tips you could follow to prevent dump truck accidents:

Stick to the Weight Limit

This may seem obvious, but you may be surprised how many people ignore this rule. Ignoring the weight limit increases the chances of an accident as it can tamper with the truck’s stability.

Use the Right Type of Truck

The nature of the job will determine the correct type of truck. Note that there are different types of dump trucks, each designed for a specific job.

Lighten the Load

It is best to lighten the load whenever the truck carries poor flowing materials. This will help maintain stability and reduce the chances of an accident.

Check the Ground before Dumping

Before dumping, you should ensure that the truck is on even ground. It would be best if you stayed away from soft, uneven surfaces. Also, always dump away from vehicles and people.

Maintain the truck

Ensure you have a strict maintenance schedule for the truck with regular inspections. Failing to identify malfunctions or damages to the truck can easily lead to injury.

Conclusion

Ultimately, it is the duty of employers and dumps truck manufacturers to enforce federally approved safety procedures to prevent workplace injuries. Workers are entitled to a worker’s compensation claim whenever they sustain an injury while at work.

If a dump truck is involved, the worker may file a claim against the manufacturer for additional damages. Lastly, if the truck was sold in an unsafe condition, the worker can file a lawsuit against the manufacturer, supplier, or distributor.

Therefore, you must adopt adequate safety measures to prevent dump truck accidents. Apart from injury and death, these incidences can result in potential lawsuits.

If you are convicted of a crime, you can expect several outcomes at sentencing, one of which could be probation. Probation means you do not have to serve time in jail, which can be quite a relief.

However, not serving time in prison doesn’t mean your life will not be disrupted. Sometimes the terms of probation can be so restrictive that keeping them is almost impossible. If you are taking probation as part of a plea deal, it is best to work with a criminal defense lawyer to ensure that the terms of your probation match your charge.

There are also situations where probation is a condition for release for individuals that have served extended time in prison, which also comes with strict control.

You Can Travel But With Restrictions

One significant restriction which comes with probation is out-of-state travel. However, the restrictions can vary based on the terms of individual probation sentences and the underlying circumstances, such as if the person serving the probation had done time for a felony offense.

If you get probation as a first-time offender or through a plea deal, the terms of your probation could be much lighter, and the probation officer may not be so rigid in granting a request to travel when necessary, for example, for a job. But travel restrictions may be much stricter if your probation comes after serving considerable jail time or a felony conviction. Under such circumstances, the probation officer and the court may deem you a flight risk requiring you to report to the probation officer every few days.

But even then, the probation officer has the liberty to grant your request to travel based on the seriousness of your reason for travel. However, you must maintain contact with your probation officer the entire time and communicate any change of plans to avoid a violation of your probation terms.

Probation Violations

If there are reasonable grounds for suspicion of probation terms violations, your probation officer can order your arrest. Under such circumstances, they do not need to get a warrant of arrest or serve the judge with an affidavit. If convicted for probation violations, you risk facing additional sentencing.

In most cases, violation of probation terms results in prison sentences. If you are charged with probation terms violation, you may want to speak to a criminal defense lawyer for help securing a favorable outcome.

It may also be possible to modify your probation terms depending on your state of residence with the help of a lawyer and your probation officer. However, a review of probation terms mainly depends on a probationer’s compliance with the terms in a given period.

In some states, the waiting period for a term’s review is six months. In others, you have to wait until you are halfway through your probation period. Either way, good conduct is a significant factor in determining your success in having your terms reviewed.

A Lawyer Can Help

It is not a legal requirement to maintain contact with your lawyer throughout your probation period. But you may still want to keep them close because you may encounter complications.

For instance, poor communication can hinder your chances of getting travel clearance, so you may want to channel your communication with the probation officer through your lawyer for such matters. Alternatively, you can involve them when you encounter challenges in your quest to get clearance.

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The preceding sponsored post was also published on FFXnow.com

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.

Security clearance holders are expected to self-report security issues or incidents that may impact their ability to hold a security clearance.

Security Executive Agent Directive (SEAD) 4 is the applicable guide for clearance holders to determine whether a new incident or development touches upon a security concern which triggers a duty to self-report. Self-reporting is required and not doing so can cause harm to a security clearance holder. Furthermore, it is generally much better to be proactive in disclosing reportable events than for them to be discovered later.

Disclosing security incidents prior to them being discovered by clearance investigators can be considered a potential mitigating factor. Of course, there is also often many concerns in reporting security incidents by clearance holders which should be answered by an attorney experienced in security clearance law. Following legal advice, the usual first step in disclosing a new security concern involves contacting the individual’s security officer.

For example, if an individual is arrested for driving under the influence, it would be important to reach out to the security officer for guidance and first steps. The security officer may ask the individual to complete a form known as the SF-86C or other documentation to document the concern.

Timing is important. Self-reporting security incidents should be done, in many cases, as soon as possible. There are several examples of types of incidents that should be reported.  The following are just a few examples which may trigger the duty to report a new security issue:

• Financial Issues — Reporting negative financial circumstances such as bankruptcy, state or federal tax liens or unusual adverse financial debt issues.
• Arrests — Reporting any arrest, even if charges were not ultimately filed.
• Marriage — Reporting marriages, other new serious relationships or changes in co-habitation.
• Psychological or Substance Abuse Counseling — Reporting certain mental health and substance abuse issues impacting judgment or reliability.
• Illegal drug use — Reporting the use of marijuana and other drugs still considered illegal on a federal level.
• The Loss or Classified Information or Technology — Reporting inadvertent or accidental loss or compromise of classified or other sensitive information.
• Foreign Contacts — Reporting unusual or substantial foreign contacts, especially those where classified or sensitive information is sought by the foreign contact.
• Foreign Travel — Reporting travel outside the United States (other than for official business).

There are countless of other types of incidents that may need to be reported to a security officer, so if an individual has any questions it is often advisable to get legal advice as soon as possible. The Defense Counterintelligence and Security Agency (DCSA) has issued a notice which helps outline the self-reporting obligations of security clearance holders.

Contact Us

If you need assistance with a security clearance 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.

The preceding sponsored post was also published on FFXnow.com

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 Melissa L. Watkins, Esq.

On March 3, 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445).

The law took effect immediately and was approved with overwhelming support in the House of Representatives, with a vote of 335 to 97. The Senate followed suit, passing the law, without amendment, by voice vote. This new law is more than just giving victims of sexual harassment and assault “their day in court.” It’s also about forcing employers to put more effort into addressing sexual assault or harassment claims.

What is Forced Arbitration?

Forced arbitration is a controversial employment practice that is used by many employers requiring employees to arbitrate legal disputes with the company rather than going to court. Forced arbitration occurs when an employer conditions initial employment, continued employment, or important employment benefits on the employee’s agreement to arbitrate any future claims against the employer.

Companies use such arbitration agreements to bar access to the courts for all types of legal claims, including employment discrimination and sexual harassment claims. If an employment right protected by a federal or state law has been violated and the employee has signed a mandatory arbitration agreement, that employee does not have access to the courts and instead must handle the claim through the arbitration procedure set out in the arbitration agreement that she or he was required to sign.

Some of the downsides of an employee being forced into arbitration (instead of going to court) often include higher costs/fees for employees, less opportunity to obtain key evidence in preparation for cases and the employer’s ability to force a less convenient location (i.e. in another state far away) for the arbitration; many other downsides exist.

What Does the Law Change?

The law allows an employee alleging sexual harassment or sexual assault in the workplace to opt out of the pre-dispute arbitration agreement. However, the law only applies to disputes that arise after March 3, 2022. In other words, the new law does not apply to sexual harassment or sexual assault claims that occurred prior to March 3, 2022. However, this new law applies regardless of when the employee may have signed an arbitration agreement.

What Does the Change Mean for Employees?

Employees should understand that arbitration agreements are not automatically invalid as a result of the new law, but an employee can choose to avoid them where the law applies. The employee, not the employer, now gets to choose whether to litigate their sexual assault or harassment claims in court or through arbitration.

Often, employees alleging sexual assault or sexual harassment also allege other claims, such as discrimination or retaliation. Given the recency of the law, it is not yet fully known whether the law will allow all claims brought in a case involving sexual harassment or sexual assault, including discrimination and retaliation, to avoid an arbitration agreement.

However, given the wording of the law, referring to “cases” and not just “claims” it is likely that the law will allow employees to bring all claims in a case, even those not involving sexual harassment, into court rather than arbitration.

It is also important to note that even if an employee does not wish to sue in court, the employee can still raise a claim with the Equal Employment Opportunity Commission (EEOC). We have also included a link to the EEOC table showing the number of claims involving sexual harassment in the private sector filed since 2010. These numbers illustrate just how pervasive this problem is in workplaces throughout the country.

There are multiple ways in which an employee can going about raising such concerns and speaking with experienced legal counsel can allow you to evaluate all of your options. This new law is just the first step in freeing employees from forced arbitration in sexual harassment and assault cases.

CONTACT US

If you are an employee in need of employment law representation, 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 and Twitter.

The preceding sponsored post was also published on FFXnow.com