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Matthew F. Nieman

Principal and Office Litigation Manager
Washington, D.C. Region

P 703-483-8331
F 703-483-8301
NiemanM@jacksonlewis.com

Biography

Matthew F. Nieman is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. He also serves as the Litigation Manager for the office.

Mr. Nieman represents employers in a broad spectrum of labor and employment law matters, including discrimination, retaliation, wage and hour, whistleblower claims (including Dodd-Frank, the False Claims Act, and Sarbanes-Oxley), questions related to the Uniformed Services Employment and Re-employment Rights Act of 1994 (“USERRA”), and workplace drug-testing issues. He is actively involved in all phases of the litigation process on the full range of employment discrimination and employment-related tort and contract claims, including the representation of employers in actions before the Department of Labor, the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Mine Safety and Health Administration, and various state and local agencies.

As part of his litigation practice, he has concluded many employment-related adversarial proceedings, including solo trials and multiple jury trial defense-verdicts. He has additionally drafted numerous successful dispositive and summary judgment motions in state and federal courts throughout the Mid-Atlantic region, including a summary judgment victory in the United States District for Maryland on a Sarbanes-Oxley claim.

Mr. Nieman is a frequent writer on substance-abuse-prevention topics. He also speaks to and provides training to employer groups on various workplace-related topics, including sexual harassment, discrimination, substance-abuse prevention, and litigation avoidance.

Prior to entering private practice, Mr. Nieman was in public service as an active-duty U.S. Army Judge Advocate (“JAG”) at Fort Benning, Georgia and at Camp Liberty, Baghdad, Iraq. During his service as an Army JAG, Mr. Nieman enjoyed unique opportunities to interact with state and local governments in both the criminal and civil arenas as well as to develop trial experience. These opportunities include two years as a prosecutor in both military and federal courts (concluding over 40 separate trials) and over a year of responsibility for handling all tort claims filed against Fort Benning, its hospital, and other Department of the Army personnel in a region covering large portions of Alabama, Georgia, and Florida. Tort claim issues covered include general negligence, medical malpractice, and the subrogation and collection of TRICARE expenses incurred by service members, retirees and their dependents in otherwise unrelated tort actions.

Mr. Nieman received a commission as a Distinguished Military Graduate of the U.S. Army Reserve Officers’ Training Corps. He clerked for the Williamsburg/James City County, Virginia Commonwealth Attorney’s Office throughout law school.

Honors and Recognitions

  • Washington Post Magazine, "Washington D.C. Metro Area Outstanding Young Lawyer," (2013 - present)

Professional Associations and Activities

  • American Bar Association
  • Institute for a Drug-Free Workplace, General Counsel
  • Society for Human Resource Management (SHRM), Dulles Chapter, Past President and Current Legislative Liaison

Pro Bono and Community Involvement

  • Cornell Club of Washington, Board Member
  • Loudoun Literacy Council, Board Member
  • Wounded Warrior Project, Volunteer Attorney

Published Works

  • Guide to State and Federal Drug-Testing Laws. 16th ed. VA: Institute for a Drug Free Workplace, 2013. [Co-Author]
  • Guide to State and Federal Drug-Testing Laws. 15th ed. VA: Institute for a Drug Free Workplace, 2008. [Co-Author]
  • Guide to State and Federal Drug-Testing Laws. 14th ed. VA: Institute for a Drug Free Workplace, 2006. [Co-Author]

See AllMatthew F. Nieman in the News

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May 24, 2017
SHRM

Matthew Nieman Comments on the Need for Substance Abuse Policies in the Workplace

May 24, 2017

Matthew Nieman comments on the need for employers to review and update their substance abuse policies and drug-testing practices due to American workers testing positive for drugs at the highest rate since 2004 in "Uptick in Positive Drug Tests Shows Need to Revisit Employment Policies," published by SHRM. Subscription may be... Read More

May 16, 2017
WBTV News

Matthew Nieman Comments on the Increase of Substance Abuse in the Workplace

May 16, 2017

Matthew Nieman comments on the on-going threat to workplace safety posed by substance abuse in "Increases in Illicit Drugs, Including Cocaine, Drive Workforce Drug Positivity to Highest Rate in 12 Years, Quest Diagnostics Analysis Finds," published by WBTV News. Subscription may be required to view article Read More

April 12, 2017
SHRM

Matthew Nieman Comments on President Donald Trump Expanding Drug Testing of Unemployment Benefit Applicants

April 12, 2017

Matthew Nieman comments on President Trump signing legislation that will give states more leeway to drug test unemployment insurance applicants, in "Trump Signs Law on Drug Testing Unemployment Benefits Applicants," published by SHRM. Subscription may be required to view article Read More

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May 25, 2017

Employer’s Refusal to Hire Medical Marijuana User Violates State Law, Rhode Island State Court Holds

May 25, 2017

Employers cannot refuse to hire a medical marijuana cardholder, even if the individual admittedly would not pass the employer’s pre-employment drug test required of all applicants, a Rhode Island state court has held under the state medical marijuana law. Callaghan v. Darlington Fabrics Corp., et al., No. PC-2014-5680 (R.I. Super. Ct.,... Read More

January 9, 2017

D.C. Council Passes Ban on Credit History Screens on Job Applicants, Interns, Employees

January 9, 2017

The Washington D.C. Council unanimously passed the “Fair Credit in Employment Amendment Act” (Bill 21-244) to amend the Human Rights Act of 1977 and prevent employers from taking discriminatory action against applicants, interns and employees based on the individual’s “credit information.” The Fair Credit... Read More

December 22, 2016

Paid Family Leave Law Approved by D.C. Council in Veto-Proof Vote

December 22, 2016

The Washington, D.C., Council has approved a measure that requires employers to provide paid family leave to employees working in the District of Columbia. The veto-proof 9-to-4 vote moves the significant increase in mandatory paid time off closer to becoming law in the District of Columbia. The “Universal Paid Leave Amendment... Read More

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See AllBlog Posts by Matthew F. Nieman

Employer’s Refusal to Hire Medical Marijuana User Violates State Law, Rhode Island State Court Holds
May 25, 2017

Employers cannot refuse to hire a medical marijuana cardholder, even if the individual admittedly would not pass the employer’s pre-employment drug test required of all applicants, a Rhode Island state court has held under the state medical marijuana law. Callaghan v. Darlington Fabrics Corp., et al., No. PC-2014-5680 (R.I. Super. Read More

Marginal Discovery Disallowed Because It Was Not Proportional To The Needs Of The Case
October 3, 2016

Under a ruling issued by a federal district court in Arizona (In re Bard IVC Filters Prods. Liab. Litig., 2016 BL 306366, D. Ariz., No. Read More