Biography

Peter N. Kirsanow Partner

Cleveland T. 216.363.4481 [email protected] M. 216.789.8735

Related Practices Main Bio Labor & Employment Peter focuses his legal practice on representing Employment Litigation & Counseling management in employment-related litigation and in Administrative Agency Proceedings contract negotiations, NLRB proceedings, EEO matters and arbitration. Employment Law Counseling Immigration Law Peter Kirsanow is a partner with Benesch’s Labor & Employment Practice Group. He returned to Benesch in ERISA Litigation January 2008 after serving as a presidential appointee to the OSHA/Workers’ Compensation National Labor Relations Board (NLRB) in Washington D.C. for Matters two years. While serving on the NLRB, he was involved with Traditional Labor & Employment significant decisions including Oakwood Healthcare, Inc., Dana/Metaldyne and Oil Capital Sheet Metal, Inc. In Arbitrations addition, Peter testified before the Senate Judiciary Committee Collective Bargaining on the nominations of John Roberts, Samuel Alito, Sonia Regulatory Enforcement/Advocacy Sotomayor, Elena Kagan and Neil Gorsuch to the Supreme Corporate Compliance & Regulatory Court. He also continues to testify before and advise members Enforcement of the U.S. Congress on employment law matters, most recently on November 18 before the House Subcommittee on Investigations and Oversight regarding disparate impact Related Industries theory. Transportation & Logistics Peter was recently reappointed by the Majority Leader of the Energy House of Representatives to his fourth consecutive six-year term on the U.S. Commission on Civil Rights. This is a part- time position which will expire in December 2025. Education • Cleveland State University, Recently, Peter and a team of Benesch attorneys served as Cleveland-Marshall College of Law, lead counsel to the National Association of Manufacturers in 1979, J.D. litigation before the U.S. Circuit Court for the District of • Articles Editor, Law Review Columbia against the NLRB, challenging the Board’s Notice of • Cornell University, 1976, B.A. Employer Rights Posting Rule. The court ruled in favor of Benesch’s client, striking down the NLRB’s Rule in its entirety. This ruling impacts over 6,000,000 employers nationwide Credentials which would have been subject to the posting requirement. • U.S. District Court for the Northern District of Ohio Additionally, Peter is past chair of the board of directors of the • U.S. Court of Appeals for the District Center for New Black Leadership and is a member of of Columbia Circuit Benesch’s Diversity & Inclusion Committee. This committee Biography

helps ensure that the firm promotes an environment in which • U.S. Court of Appeals for the Sixth differences are respected, employees are treated fairly, and Circuit individual skills and talents are valued. Recognitions Experience • Listed, Chambers USA Leading Lawyers, Labor & Employment Transportation & Logistics 2016-2021 • Served as in-house labor counsel for five years for • Listed, Benchmark Litigation, Labor Leaseway Transportation, which became Penske Logistics. & Employment Star, 2020 Handled transportation-related labor matters in that capacity • Listed, The Best Lawyers in throughout the country, including, but not limited to, America©, Employment Law – employment litigation, labor arbitrations, national master Management; Labor Law – labor agreement negotiations, local union bargaining, EEO Management; Litigation - Labor and matters, DOT compliance, Wage&Hour investigations, and Employment, 2014-2021 OFCCP audits. • Listed, Ohio Super Lawyers, 2015- Labor & Employment 2021 • Secured summary judgment for Myers Industries, Inc. in a disability discrimination case brought by a former employee. Memberships We handled this case from filing to conclusion, ultimately • Past Chair of the Board of Directors, prevailing at summary judgment. Substantively, we were able The Center for New Black to prove that Plaintiff never disclosed his alleged disability to Leadership Myers Industries, Inc., which defeated his claims for disability • Adjunct Professor, Cleveland State discrimination or failure to accommodate when he was University, Cleveland-Marshall otherwise returned to work with no restrictions after a short College of Law medical leave. • Won complete jury verdict for major employer in eight figure discrimination claim. • Represented employers in scores of arbitrations and labor negotiations. • Won complete jury verdict defending employer in multimillion dollar wage and hour class action case. • Prepared amicus briefs on behalf of several major trade associations. • Represented a foundry before OHSA and the Industrial Commission after one of the company’s employees died, allegedly from a workplace injury. • Represented a steel processing manufacturer in OHSA, workers’ compensation and personal injury litigation proceedings following a machine failure resulting in the death of the machine operator. • Successfully represented an employee leasing firm in the trucking industry in obtaining a court order vacating an arbitration award which reinstated a discharged truck driver who had tested positive for drugs. • Represented the National Association of Manufacturers in litigation against the National Labor Relations Board. Biography

• Represented a major hospital in complex bankruptcy proceedings involving three major unions.

Articles and Presentations • Executive Order Combats Race and Sex Stereotyping, September 29, 2020 • Regulatory Investigations and Audits: A Legal Guide on Prep and Response | Eric L. Zalud, Peter N. Kirsanow, Kelly E. Mulrane, ATA Litigation Center’s Virtual Trucking Legal Forum, July 20-24, 2020 • How Employee Classification Rules Changes Will Affect Transportation & Logistics | Peter Kirsanow, Webinar with Stifel Capital Markets, October 11, 2019 • InterConnect FLASH! No 75 - Gov. Signs Bill Expanding Stranglehold on IC’s in CA: What Now in California?, September 26, 2019 • Board Ends Union’s “Gotcha” Strategy to Counter Anticipatory Withdrawal of Recognition, July 31, 2019 • NLRB Restores Independent Contractor Test in SuperShuttle, January 28, 2019 • High Court May Dim Lights On Class Arbitration In Lamps Plus, November 15, 2018 • Navigating NLRB: A New Era For Joint Employment?, September 19, 2018 • NLRB Turns Attention to Employer Email Systems, August 7, 2018 • Despite Legality, Employee Arbitration Pacts Are No Panacea, June 6, 2018 • Supreme Court Lays D.R. Horton Debate to Rest; Rejects NLRB Position That Class Waivers Violate Employee Rights, May 21, 2018 • Title VII Prohibits Employment Discrimination Based on Gender Identity – So Says the 6th Circuit, March 13, 2018 • Title VII Prohibits Employment Discrimination Based on Sexual Orientation – So Says the 2nd Circuit, March 5, 2018 • Browning-Ferris Valid for Joint Employer Analysis Once Again, February 27, 2018 • The DOL Reissues Previously Rescinded Opinion Letters, January 18, 2018 • Change is Coming: New NLRB General Counsel Issues Memorandum Rescinding Controversial Policies and Signaling Change, December 7, 2017 • House of Representatives Passes Legislation Limiting Joint- Employer Liability and Reversing Browning-Ferris, November 15, 2017 Biography

• Labor & Employment Law, IWLA Warehouse Legal Practice Symposium, November 9, 2017 • The Obama Administration’s Overtime Final Rule: Unlawful and Revisited, November 2, 2017 • Overregulated? Relief may be hiding in the Congressional Review Act, November 1, 2017

News • U.S. News & World Report - Best Lawyers Rankings 2022, August 19, 2021 • Benesch Ranked in Chambers 2021, May 20, 2021 • 19 Benesch Attorneys Named 2021 Ohio Super Lawyers; 19 Named Ohio Rising Stars, December 8, 2020 • Benesch Named Recommended Firm by Benchmark Litigation for 2021, October 22, 2020 • President Trump Announces Intent to Nominate Kirsanow, August 24, 2020 • U.S. News & World Report - Best Lawyers Rankings 2021, August 20, 2020 • Benesch Ranked in Chambers 2020, April 23, 2020 • 22 Benesch Attorneys Named 2020 Ohio Super Lawyers; 16 Named Ohio Rising Stars, November 27, 2019 • Benesch Named Law Firm of the Year in Transportation Law for 2020, November 11, 2019 • U.S. News & World Report - Best Lawyers Rankings 2020, August 15, 2019 • Benesch Ranked in Chambers 2019, April 25, 2019 • 28 Benesch Attorneys Named 2019 Ohio Super Lawyers; 16 Named Ohio Rising Stars, December 5, 2018 • U.S. News & World Report - Best Lawyers 2019, August 15, 2018 • Chambers USA Rankings 2018, May 3, 2018 • Peter Kirsanow mentioned in Law360 | “Freight Co. Takes Benefit Plan Violation Case To High Court”, October 24, 2017 • Peter Kirsanow Interviewed on Fox & Friends, October 16, 2017 • U.S. News & World Report - Best Lawyers 2018, August 16, 2017 • Pete Kirsanow quoted in Crain’s Cleveland article | “Employees have high hopes, are firm’s greatest assets”, August 10, 2017 • Pete Kirsanow publishes first fiction novel, Target Omega, June 20, 2017 Biography

• Pete Kirsanow on Ohio commison to recommend federal judge nominees, June 6, 2017