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

Here is what Pete from Little Buddies Adoption and Humane Society has to say about himself:

Don’t hate me because I’m handsome. The name is Pete.

I currently reside with some kids, another cat and a dog but I’m looking for the one. You know my furrever home. A place I can use all this magnetic charm and good looks to make you feel wonderful.

One belly rub and you’ll be hooked. I’m also always in a tux so don’t worry, your guests will never be disappointed.

Cuddles anyone?

By Personal Injury Attorney Mac Hester of Mac Hester Law

A recent proposal by the United States Department of Transportation’s Federal Motor Carrier Safety Administration (FMSCA) calls for significant changes to truck driving rules, sparking a debate on whether the changes will benefit all drivers and the safety of the roadways.

According to the Owner-Operator Independent Drivers Association, they believe changes need to be made as the number of truck-involved incidents has increased alongside an increase in the regulations on truck drivers.

Current rules on Hours of Service restrict the amount of time truck drivers spend on the roads, the frequency and length of their breaks, and their sleeping hours while on duty. For example, truck drivers cannot drive for more than eight hours without taking a break. Long-haul drivers cannot drive more than 11 hours in 14 hours of driving time, which must be followed by a ten-hour consecutive off-duty break.

The proposed changes address the consecutive ten-hour sleeping requirement. As opposed to ten consecutive hours, the proposal allows the driver to split up the ten-hour consecutive sleeping requirement into two segments, a seven-hour consecutive segment in the sleeping berth, followed by a period of at least two hours in the sleeping berth or off-duty.

Additionally, the proposed changes speak to challenges that truck drivers face in situations such as lengthy traffic jams, which can account for a considerable amount of on-duty driving time.

For example, with the proposed changes, a truck driver who finds themselves in a traffic jam would be able to take the requisite 30-minute break within an eight-hour driving period, by taking the break while in an on-duty, non-driving status — as opposed to an off-duty status.

A recent North Carolina Department of Transportation report showed an increase of 900 crashes involving tractor-trailers from the year 2017 to 2018. Reports such as these shed light on a need to revisit rules and regulations, as well as other factors affecting safety on the roads.

Where cell phone usage by all drivers is reported as a threat to driver safety in general, officials of NCDOT predict that truck driver fatigue is an underreported factor in truck-related accidents.

Whether the proposed changes will help address the truck driving industry’s concern for safe and efficient transportation, as well as lessen the number of truck-involved incidents, is yet to be seen as the proposed changes are mere proposals at this point.

For the proposed changes to go into effect it will not require the approval of Congress, but, instead only the approval of the FMSCA and the Office of Management and Budget.

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.

An amendment approved by the Governor of Virginia in Virginia Code.

Requirements of the New Virginia Employment Law

Virginia Governor Ralph Northam approved an amendment and re-enactment of Virginia Code § 8.01-413.1. The new amendment requires Virginia employers to produce certain employment documents when they receive a written request from a current/former employee or employee’s attorney.

If the employer doesn’t comply, the Virginia statute awards potential damages to the employee if the employer fails to do so within the allotted timeframe. Since the amendment became effective on July 1, 2019, a number of Virginia employers are seeing an increase in requests for the applicable documents.

The Virginia amendment requires a Virginia employer to furnish employment records reflecting (1) dates of employment, (2) wages or salary, (2) job description and job title, and (4) any injuries sustained during the course of employment within 30 days of the receipt of a written request. An employer is not required to be a party to a suit for the statute to apply. That statute provides that:

Every employer shall, upon receipt of a written request from a current or former employee or employee’s attorney, furnish a copy of all records or papers retained by the employer in any format, reflecting (i) the employee’s dates of employment with the employer; (ii) the employee’s wages or salary during the employment; (iii) the employee’s job description and job title during the employment; and (iv) any injuries sustained by the employee during the course of the employment with the employer. Such records or papers shall be provided within 30 days of receipt of such a written request.

Before the new Virginia statute, employers were not required to produce such documents without a subpoena. If the Virginia employer cannot process the employee’s request within 30 days, the employer must notify them in writing. The Virginia employer will then have an additional 30 days to produce the records.

Pursuant to the Virginia statute, the employer can charge a reasonable fee for the copying of paper records and/or the retrieval of electronic records. Failure to comply with a written request can result in a subpoena and the award of damages against the employer, including the employee’s expenses for obtaining the copies, court costs and attorneys’ fees.

The bottom line is that the new statute in Virginia will help employees obtain copies of their employment records. If the employer does not comply, they will likely be responsible for significant fees.

Conclusion

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

By Personal Injury Attorney Gary Christmas of Christmas Injury Lawyers

Each year, approximately 6,000 pedestrian lives are lost to traffic accidents.

These deaths account for 16% of all traffic deaths, and the majority of these accidents happen after dark when visibility is low. Sadly, the number of pedestrian deaths is on the rise.

As a result, automakers have attempted to combat the issue of pedestrian-related crashes by introducing new safety technology, such as an automatic emergency braking system that engages when a sensor detects a pedestrian in front of the car. In theory, this emergency braking system could be extremely helpful for keeping people safe on the road.

Drivers are ultimately responsible for the safe driving of their vehicles, no matter how advanced their safety technology is. Although these safety systems have the potential to significantly reduce vehicle crashes when properly functioning, this technology is only meant to enhance the driver’s awareness, not to take the driver’s place.

Even if a vehicle is equipped with advanced technology to assist a driver in navigating in a safer manner, this technology can never be relied on to take the place of the driver, and ultimately, a driver who causes a traffic accident despite the use of this safety technology is liable and responsible for the damage they have caused.

Unfortunately, according to tests done by AAA, this technology has a long way to go before it is effective. AAA challenged this technology in simulated real-world scenarios and found that this technology was largely ineffective. These tests revealed that the sensors had the highest success rate while the vehicle was traveling slowly at 20 miles per hour during daylight, avoiding collision approximately 40% of the time.

However, when the vehicle speed was increased to 30 miles per hour in the same scenario, the majority of detection systems failed to detect the pedestrian and was unable to avoid the collision.

Additionally, the safety system failed to detect pedestrians during nighttime simulations, illustrating that this technology requires further testing and work to become more effective before it can be relied on to aid drivers in identifying and avoiding pedestrians.

Meet Hueso, a black and white mixed breed available for adoption locally.

Here is what Hueso from Lost Dog & Cat Rescue Foundation has to say about himself:

Hola! My name is Hueso (Spanish for “bone” — yum!). I came to Lost Dog from Puerto Rico with my mom Pink, who was my best pal, but she’s been adopted and now I’d love to have a forever home too.

I’m what you call an “all-purpose” dog — I love a good hike, especially if it means I can splash around in some water — but I’d equally love to curl up on your couch with you and bang out an entire season of Stranger Things in one sitting, with an occasional bathroom break for both of us, of course!

I’m an easy walker and love to stop to roll around in patches of grass… and maybe eat some when you’re not looking. While I love to play with dogs in playgroup, sometimes they make me nervous on walks, so I’d prefer to be your one and only love.

I have a condition called Megaesophagus (I can’t pronounce that, can you?) which means my esophagus doesn’t push food down to my stomach very well. It sounds much worse than it is! It just means I eat from a special bowl and have to wait a little bit for a walk after I eat. But I promise I’m just as happy, healthy and handsome as other dogs!

I’m a pretty perfect dog and I can’t wait for my forever home and lots of adventures filled with hikes, waterfalls, grass and maybe the occasional puppacino!

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

We’ve said it before and we’ll say it again: remodeling sucks!

With the holidays right around the corner, there is no better time to start that long-awaited bathroom or kitchen upgrade before holiday stress sets in.

In fact, 75% of remodelmate customers in the Washington D.C. area believe it is important for them to renovate their homes before the holidays, with 75% of them likely to do so.

That’s why we’re bringing back a Reston Now favorite: $500 off our exclusive Concierge service, just before the holidays.

Use code HOLIDAYREST when you build a project (for free!) using our online builder on www.remodelmate.com.

Remodelmate is simply the better way to renovate your home:

• Get free, instant quotes with no in-home consultations
• Book a project with a trusted local pro for just $1
• Use one of our expert virtual Concierges to assist with the design
• Pay as you go using milestone-based credit or debit card payments
• Manage your renovation completely online
• Finish in half the time for half the cost

But don’t take our word for it. Here’s what Reston Now reader Lauren B. had to say:

Stay hands-off and stress-free! Get a remodelmate before your in-laws get to town. 😉

Use code HOLIDAYREST when you book a $1 renovation on www.remodelmate.com.

Minimum project order of $7,500. Expires November 8, 2019 at 11:59 p.m. EST.

By Berry Law Firm

Inmates that once had hope for a second chance are now living in fear that they will be sent back to jail.

This is due to the fact that several lawyers at the Department of Justice are trying to overturn the First Step Act, an act that reforms the federal prison system and seeks to reduce recidivism

The First Step Act allows individuals convicted of selling cocaine to serve reduced sentences. It has already allowed 1,100 individuals out of jail after serving just a portion of the time they were sentenced to. The law was a response to the failure of tough-on-crime policies that not only do not work, but also disproportionately affect African Americans. Now, the Justice Department wants to put at least some individuals that have been freed back in prison.

This is not only an injustice, but it is downright cruel. After both sides of the aisle came together to get this Act passed, it is difficult to understand why federal prosecutors now want to take it away.

The Justice Department’s reasoning for this is that these individuals accepted a plea deal when they were first being tried. Within those deals, they agreed to plead guilty in exchange for agreeing that they were caught with a smaller amount than what they actually were.

However, those plea deals are already settled. If those accused had not agreed to them at the time, they may have been found not guilty during trial. That is a chance they no longer have as federal prosecutors continue to come after them.

Fortunately, those prosecutors have been largely unsuccessful so far. They have appealed 81 cases and have lost 73 of those. Prosecutors have stated that they intend to appeal 12 more. If they are successful, it will mean sending people back to jail after they were led to believe they were free.

This is something that has never been done before, which is why it is being met with so much resistance from nearly everyone, except those in the Justice Department.

Meet Archie, a male Tibetan Spaniel mix available for adoption locally.

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

Adorable Archie is a little 3 year old Tibetan spaniel mix and quite exotic.

He is only twenty pounds, so very portable and able to go on all sorts of adventures.

This great little guy is a nice blend of friendliness and affection and will bring his new family lots of joy!

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

Want your pet to be considered for the Reston Pet of the Week?

Email [email protected] with a 2-3 paragraph bio and at least 3-4 horizontally-oriented photos of your pet. Each week’s winner receives a sample of dog or cat treats from our sponsor, Becky’s Pet Care, along with $100 in Becky’s Bucks.

Becky’s Pet Care, the winner of eight Angie’s List Super Service Awards and the National Association of Professional Pet Sitters’ 2013 Business of the Year, provides professional dog walking and pet sitting services in Reston and Northern Virginia.

Virginia Tech’s 100% online Master of Information Technology program has been ranked the No. 1 online graduate degree for cybersecurity nationwide in the 2019 rankings list from CyberDegrees.org, a Washington, D.C.  based company.

In addition, the program was named one of the three best online graduate information technology programs nationwide for the seventh consecutive year in the annual rankings from U.S. News & World Report.

Based at Virginia Tech’s Northern Virginia Center in Falls Church, the online program is offered jointly by the Pamplin College of Business and College of Engineering. The interdisciplinary nature of the program allows students to develop a range of skills and focus their studies in a topic that best serves their career goals.

Cybersecurity is one of 11 areas of specialization that students can use to tailor their degree. Other areas include Analytics and Business Intelligence, Big Data, Health Information Technology and Software Development.

The program also offers six graduate certificate options for professionals that are not looking to pursue a full degree.

The program plans to continue adding new courses and graduate certificates that keep up with current trends in tech, particularly as the wider university takes on a central role in the cybersecurity ecosystem.

In 2010, Virginia Tech launched the Hume Center to lead the university’s research and experiential learning programs in national security. The center now has a research facility in Ballston.

In 2018, the Commonwealth of Virginia announced that Virginia Tech will lead its $25 million Commonwealth Cyber Initiative.

For more information about Virginia Tech’s 100% online Master of Information Technology Program, visit vtmit.vt.edu or sign up for an upcoming information session.

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

By John V. Berry, Esq.

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

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

What are Non-Compete Agreements?

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

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

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

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

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

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

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

Examples of Abuse for Non-Compete Agreements

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

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

Read More

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

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

Rhett is an adorable young man. He loves people.

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

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

By Nicola Caul Shelley, Synergy Design & Construction

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

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

Where do I start? 

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

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

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

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

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

How long does a home remodel take?

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

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

Do I need a permit for my home remodel?

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

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

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

What red flags should I look out for?

There are a few:

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

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

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

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

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

Here are a few of the new listings in Reston.

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

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

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

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

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

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

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

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

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

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

By John V. Berry, Esq.

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

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

What is the Hatch Act?

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

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

Enforcement of Hatch Act Violations

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

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

Hatch Act Tips for Federal Employees

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

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

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

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

Conclusion

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