ALJ Decision in Nemeckay’s Roofing and Home Improvement Company, OSHRC Docket No. 20-1309, Becomes a Final Order of the Commission.

Mr. Philip Nemeckay of Richfield, Ohio, owns and operates the named Respondent, Nemeckay’s Roofing and Home Improvement Company (Nemeckay’s Roofing). Nemeckay’s Roofing is a sole proprietorship and as such it has no legal identity separate from Mr. Nemeckay. See Patterson v. V & M Auto Body, 63 Ohio St.3d 573, 574 75, 589 N.E.2d 1306, 1308 (1992) (noting that a “sole proprietorship has no legal identity separate from that of the individual who owns it” and that “[i]t may do business under a fictitious name if it chooses, but doing business under another name does not create an entity distinct from the person operating the business”). Accordingly, all references herein to Nemeckay’s Roofing constitute references to Mr. Philip Nemeckay as well, and vice versa.