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Matthew F. Nieman

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

P 703-483-8331
F 703-483-8301
Matthew.Nieman@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 9, 2018
EHS Today

Matthew Nieman Comments on Implications of Positive Workplace Drug Tests Remaining at 10-Year High

May 9, 2018

Matthew Nieman comments on implications of the number of positive results from employment-related drug tests in 2017 and its threat to workplace safety in "Workforce Drug Positivity at Highest Rate in a Decade," published by EHS Today. Subscription may be required to view article   Read More

February 15, 2018
SHRM

Matthew Nieman Discusses Best Drug-Testing Methods for Job Candidates

February 15, 2018

Matthew Nieman discusses which method of drug-testing job candidates is most effective in "Hair, Saliva or Urine—Which Is Best for Drug-Testing Job Candidates?" published by SHRM. Subscription may be required to view article Read More

December 1, 2017
SHRM

Matthew Nieman Discusses Implications of Employers Relaxing Zero-Tolerance Drug Policies

December 1, 2017

Matthew Nieman discusses employers relaxing pre-employment drug standards in order to fill jobs in "Rethinking Zero Tolerance on Drugs in the Workplace," published by SHRM. Subscription may be required to view article  Read More

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November 5, 2018

What Employers Should Watch For in Election 2018

November 5, 2018

Election Day may result in significant changes in our country’s labor and employment landscape. This article discusses some issues employers should watch closely. Arbitration Congressional Democrats have proposed legislation intended to overturn the U.S. Supreme Court’s 2018 ruling that employers do not violate the National Labor... Read More

June 5, 2018

Maine’s New Recreational Marijuana Law Permits Employers to Enforce Policies Restricting Use

June 5, 2018

Maine’s new recreational marijuana law permits employers to enforce workplace policies restricting the use of marijuana and to take disciplinary action in accordance with those workplace policies. The new law, which took effect on May 2, 2018, replaced one that had been the subject of controversy, particularly with regard to certain... Read More

February 21, 2018

Maine Recreational Marijuana Law Limits Drug Testing, Disciplinary Consequences Imposed by Employers

February 21, 2018

A provision of Maine’s recreational marijuana law prohibits employers from taking adverse employment actions for off-premises marijuana use, as of February 1, 2018. This law effectively prevents Maine employers from testing for marijuana for pre-employment purposes. The law also affects employers who employ employees subject to federal... Read More

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See AllBlog Posts by Matthew F. Nieman

Maine’s New Recreational Marijuana Law Permits Employers to Enforce Policies Restricting Use
June 5, 2018

Maine’s new recreational marijuana law permits employers to enforce workplace policies restricting the use of marijuana and to take disciplinary action in accordance with those workplace policies. Read More

Maine Department of Labor Provides No Guidance Concerning the Impact of the State’s Recreational Marijuana Law on Workplace Drug Testing
March 7, 2018

Effective February 1, 2018, a provision in Maine’s recreational marijuana law impacts workplace drug testing. As we previously blogged here, the law prohibits employers from taking adverse employment actions for off-premises marijuana use, as of February 1, 2018. Read More

Maine Recreational Marijuana Law Limits Workplace Drug Testing As Well As Disciplinary Consequences Imposed By Employers
February 21, 2018

A provision of Maine’s recreational marijuana law prohibits employers from taking adverse employment actions for off-premises marijuana use, as of February 1, 2018. Read More