ALJ Decision in Fama Construction, LLC, OSHRC Docket No. 19-1467, Directed for Review

Pending in the comt in the above-styled action (Fama 11) is the Secreta1y of Labor’s renewed2 motion for summa1y judgment, which asseits that in light of the Eleventh Circuits3 opinion in Fama Construction, LLC v. US. Department of Labor, No. 19-13277, 2022 WL 2375708 (11th Cir. June 30, 2022) (Fama I) affuming this comt’s decision that Fama was acontrolling employer, the court should grant summary judgment to the Secretary. For the reasons indicated infra, after having reviewed all arguments and evidence submitted by the parties, and relevant law, and being otherwise fully informed, the court concludes there is no genuine material fact in dispute and therefore, the Secretary’s motion for summary judgment is GRANTED.