Employee Rights Law
There are numerous federal, state and local laws and regulations that protect employees from unfair and discriminatory practices in the workplace. Some of them …
Family Medical Leave Act
Most Employers with 50 or more employees must provide eligible employees with 12 weeks of unpaid leave during a 12-month period for one or …
Whistleblower Protection
Many different federal laws protect employees who complain, testify, or otherwise assist in having proceedings initiated for violations occurring in the workplace. Some of …
Employee Retirement Income Security Act (ERISA)
The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established pension plans, health …
Disability Discrimination
Under federal law, a “disability” is a physical or mental impairment that substantially limits one or more major life activities. The Americans with Disabilities …
Religious Discrimination
Employers may not be familiar with their obligations concerning an employee’s religion or religious practices. Under federal anti-discrimination laws, religion does not mean only …
Age Discrimination
The Age Discrimination in Employment Act (ADEA) and various state laws make it illegal for employers to make decisions that are motivated by an …
Racial Harassment/Discrimination
Almost any decision an employer makes that is premised on an employee’s race that adversely affects the employment of an employee creates a viable …
Sexual Harassment
There are basically two kinds of sexual harassment recognized by federal law: (1) Hostile-work environment sexual harassment – This kind of harassment occurs …
Wrongful Termination
Generally, at-will employees can be fired for any reason or no reason. There are several statutory exceptions to the at-will employment rule though. For …
Severance Packages
Employees should usually have proposed severance packages reviewed by an experienced and knowledgeable employment attorney. Employees may be waiving claims they are not aware …
Another Sc**w Job By a Disability Insurance Company
Some of the major disability insurance carriers will stop at nothing to keep sticking it to claimants. Its tax time and the insurance companies …
Doctor Called “Immediate and Serious Threat To Public Health”
Finally, a state getting serious about a doctor with a history of inadequate care. The board of medicine in Boston, Massachusetts has suspended an …
Should a Lawsuit Say Exactly What You Are Asking For?
In the state of West Virginia, legislation which would prohibit specific financial demands for damages in personal injury and wrongful death cases from being …
Bicycles and Head Phones Don’t Mix
There is a tragic story last week out of Virginia. Apparently a 15 year old was riding his bicycle when a car approached him …
Tortious Interference
New Jersey courts have long sought to protect the right and ability of a person “to pursue one’s own business, calling or occupation free …
Gross Valuation Misstatement Penalties Can Apply to Estate and Gift Appraisals
In a recent legal memorandum, the IRS stated that it can assess, under IRC Sec. 6695A, a gross valuation misstatement penalty against an appraiser …
Special Needs Trusts to Protect Personal Injury Settlements
By Fredrick P. Niemann, Esq., NJ Special Needs Trust Attorney Personal injury attorneys should avoid receiving payment from the defendant or the defendant’s insurer …
10 Million Boomers Will Develop Alzheimer’s, Report Predicts
Alzheimer’s disease will strike one in eight U.S. baby boomers, meaning that 10 million boomers will develop the mind-wasting disease, according to a new …
Use of Nursing Home Restraints Has Declined
A report by the federal Agency for Healthcare Research and Quality shows that the use of restraints in nursing homes has declined 40 percent …
New Tax Break Helps Surviving Spouses
Widows and widowers who don’t want to sell their house right away will get a tax break under a new law. The law gives …
Hanlon Niemann Attorney Named to 2008 NJ Super Lawyers List
On November 6, 2007, Christopher J. Hanlon, Esq. of Hanlon Niemann was named to the 2008 New Jersey Super Lawyers List. Only five percent …
College 529 plan could make a great gift for children and grandchildren
Looking for something you can give your children and grandchildren that can’t be swallowed, won’t be recalled and doesn’t contain excessive amounts of lead? …
Recent News
November 30, 2007 – Fredrick P. Niemann participated in a seminar hosted by the Mercer County Bar Association entitled “Utilizing Special Needs Trusts in …
Press Release
Freehold, NJ – The National Academy of Elder Law Attorneys (NAELA) has announced that Fredrick P. Niemann, Esq. of Hanlon Niemann, P.C. in Freehold …
Report Says That VA’s Disability Benefit System Needs Major Overhaul
The Department of Veterans Affairs should overhaul its outdated system of compensating former military personnel for disabling injuries they suffered during their service, the …
IRS Requires Estates of Small Business Owners to Post Bond(s) for Payment of Estate Tax Under Sec. 6166
Estates holding a closely held business interest valued at greater than 35 percent of the adjusted gross estate can elect to pay estate taxes …
CMA Offers Guidance on Obtaining Medicare Coverage for Non-Routine Dental Services
The Center for Medicare Advocacy has just issued a report discussing the circumstances in which Medicare may be liable for dental services. The report …
Major Monmouth County Newspaper Features Elder Law Attorney, Fredrick P. Niemann of Hanlon Niemann, Freehold, NJ in a Recent Article on Wills
Monmouth County’s largest newspaper, the Asbury Park Press, recently wrote a featured article entitled “How To Prepare Your Will” with New Jersey based Fredrick …
New Jersey Court Decides Important Case Involving Second Marriages, Premarital Agreements and Estate Death Issues
APPELLATE DIVISION RULES ON SPOUSAL ELECTIVE SHARE RIGHTS UNDER A PREMARITAL CONTRACT The New Jersey Appellate Division on June 20, 2007, decided that a …