Matthew F. Nieman

Matthew F. Nieman is a Principal and the Office Litigation Manager of the Washington, D.C. Region office of Jackson Lewis P.C.

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.

Pro Bono and Community Involvement

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

Honors and Recognitions

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

Published Works

• Is Virginia the New California? Maybe... National Capital Region Chapter of ACC (April 2020) [Co-Author]
•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]

Matthew F. Nieman In the News

Matthew Nieman, Jeremy Schneider and Jason Ross Author Is Virginia the New California? Maybe...

April 15, 2020 • ACC

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

May 9, 2018 • EHS Today

Matthew Nieman Discusses Best Drug-Testing Methods for Job Candidates

February 15, 2018 • SHRM

Matthew F. Nieman Publications

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Virginia Enacts Wage Theft, Non-Compete Laws Amidst Flurry of New Employee Protections

April 16, 2020

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Virginia Enacts Comprehensive Whistleblower Protection

April 14, 2020

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Virginia’s Values Act Fundamentally Rewrites the Human Rights Act

April 13, 2020

Webinars

webinar

Is Virginia the New California? - Part Two

2 - 3:00 PM EST
Archived

webinar

High Times: A Primer for Managing Marijuana-related Challenges in the Construction Industry

1 - 2:30 PM EST
Archived

Matthew F. Nieman Blog Posts

Drug and Alcohol Testing Law Advisor

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

June 5, 2018
Drug and Alcohol Testing Law Advisor

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

March 7, 2018
Drug and Alcohol Testing Law Advisor

Maine Recreational Marijuana Law Limits Workplace Drug Testing As Well As Disciplinary Consequences Imposed By Employers

February 21, 2018