IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF FLORIDA 

UNITED STATES OF AMERICA CIVIL ACTION 

V. NO. ________________ 

PAYTON ROOFING, INC. 

COMPLAINT 

The United States of America (hereinafter “United States”) files its Complaint against the 

Defendant, Payton Roofing, Inc., and hereby alleges the following. 

Parties

1. Plaintiff is the United States of America proceeding in its sovereign capacity. 

2. Defendant is Payton Roofing, Inc., (Payton), a corporation organized under the laws 

of Florida and domiciled at 3851 NW 126 Avenue, Coral Springs, Fl. 33065. 

Jurisdiction and Venue

3. This is an action brought to recover civil penalties owed by Payton to the United 

States Department of Labor, Occupational Health and Safety Administration (“OSHA”) for 

violations of the Occupational Health and Safety Act of 1970 (“the Act”), 29 U.S.C. § 651 et seq., 

and regulations promulgated thereunder. This Court has jurisdiction over the matter pursuant to 

28 U.S.C. § 1345 and 29 U.S.C. § 666(l), which authorizes civil actions to recover OSHA penalties 

and further authorizes such actions to be brought in the district where the violations occurred or 

where the defendant has its principal office. 

4. Venue is proper in this judicial district under 28 U.S.C. § 1391(b) and 29 U.S.C. 

§ 661(l) since defendant is domiciled in this judicial district. 

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USA v. PAYTON ROOFING 

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Claim for Relief 

Count I 

5. On or about October 19, 2017, the Occupational Safety and Health Review 

Commission issued a Decision and Order arising from two separate investigations, Nos. 1128469 

and 1128473 conducted by the Occupational Safety and Health Administration (OSHA). A copy 

of the administrative Decision and Order is attached as Exhibit “A”. The Secretary of Labor was 

represented by Counsel. Tim Payton represented the Respondent Payton Roofing Inc. but did not 

appear at the trial or file a post-trial brief. A total penalty of $14,700.00 was assessed. Certificate 

of Indebtedness is attached as Exhibit B. 

6. The defendant did not seek administrative or judicial review of the final penalty, 

and the time to do so has expired. See 29 U.S.C. 660. 

9. Despite having been served with a demand for payment of the penalties, Payton 

failed to pay. 

10. Interest, penalties, and United States Treasury and Department of Justice fees 

through June 8, 2022 bring the total amount due as of June 8, 2022 to $25,959.52. Additional 

interest, penalties, and fees accrue. 

11. Section 666(l) of the Act provides that civil penalties imposed under the Act may 

be recovered in a civil action brought by the United States. 

12. In judicial proceedings brought under the section 666(l), a defendant who fails to 

contest an OSHA citation is precluded from contesting the merits of the underlying violations. See

U.S.C. 659(a). Accordingly, this proceeding is in the nature of a civil collection action only, and 

the appropriateness of OSHA’s determination to impose a penalty is not subject to review. 

Demand for Relief 

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USA v. PAYTON ROOFING 

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WHEREFORE, the United States requests judgment against Payton Roofing, Inc., in the 

amount of $25,959.52. plus costs of suit as authorized by 28 U.S.C. § 1914(a), and for such other 

proper relief as this court may deem just. 

Dated this 29th day of July, 2022. Respectfully submitted, 

 

By:____________________________ 

Steven M. Davis, (Florida Bar No. 894249) 

 

Email: sdavis@beckerlawyers.com 

Becker & Poliakoff, P.A. 

121 Alhambra Plaza, 10th Floor 

Coral Gables, FL 33134 

Telephone: (305)262-4433 

Facsimile: (305) 442-2232 

Attorneys for Plaintiff United States of America

22294899v.1 

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