August, 2023 | Horse Racing Free Tips

Asmussen Training Operation To Pay $129K To Employees As Part Of Settlement With Department Of Labor

KDE Equine LLC — doing business as Steve Asmussen Stables — has entered into a settlement agreement with the U.S. Department of Labor to reimburse its grooms and hot walkers $129,776 to resolve violations of the federal H-2B worker program which permits businesses to employ temporary visa workers.

This is the fourth time in recent years that Asmussen Stables has been ordered to make payments to workers after a Wage and Hour Division investigation, most recently having been ordered to pay more than $500,000 in back wages and damages. The investigation in this latest case found the employer violated numerous commitments that it made during the H-2B visa application process to employ workers in New York. The violations occurred between December 2016 and December 2019.

Specifically, the division determined the employer's violations included the following:

Failing to pay workers for costs they incurred during travel to and from the U.S. at the beginning and end of the racing season, including visa fees.
Seeking and obtaining kickbacks from workers, supposedly to cover Asmussen Stables' attorney fees.
Employing workers outside of New York, contrary to statements made to the government.
Overstating the number of H-2B workers needed by the employer.
Not disclosing material terms of the position to potential U.S. job applicants, such as that free housing may be available onsite.

“H-2B workers too often find themselves vulnerable to wage shortages and other violations of their rights,” explained Wage and Hour Division District Director David An in Westbury, New York. “Employers like Steve Asmussen Stables who employ H-2B workers must comply with the law or face sanctions, including fines and potentially being barred from the program.”

In addition to the wage recovery, the department assessed Asmussen Stables a total of $75,223 in civil money penalties for its violations. To obtain the employer's future compliance with H-2B regulations, the settlement includes enhanced compliance measures, including hiring of an independent monitor by KDE to conduct regular audits, providing workers with updated training in languages they understand, forbidding certain managers from being involved in the H-2B program and allowing the division to provide training to Asmussen Stables' H-2B workers regarding their rights.

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“The U.S. Department of Labor will pursue all necessary legal avenues to obtain proper compensation for employees and prevent future violations by employers. This settlement reimburses these underpaid workers, requires Asmussen Stables to pay penalties and seeks to change this employer's behavior and prevent future violations by providing an independent monitor to perform regular audits,” explained regional Solicitor of Labor Jeffrey S. Rogoff in New York.

The federal H-2B worker program permits employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in the U.S. The employment must be for a limited specific period, such as a one-time occurrence, seasonal, peak load or intermittent need.

The division's Long Island District Office conducted the investigation. Department of Labor Senior Trial Attorney Jacob Heyman-Kantor litigated the case for the division before the Office of Administrative Law Judges. View the consent findings and the order approving the findings.

Learn more about the Wage and Hour Division, including a search tool to use if you think you may be owed back wages collected by the division. Employers and workers can call the division confidentially with questions, regardless of where they are from. The department can speak with callers in more than 200 languages through the agency's toll-free helpline at 866-4US-WAGE (487-9243). Download the agency's new Timesheet App for iOS and Android devices – free and now available in Spanish – to ensure hours and pay are accurate.

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Friday Show Presented By Woodbine: Where Have The Private Stables Gone?

Private stables once ruled the racing world. Owned by wealthy families with names like Galbreath, Kleberg, Mellon, Phipps, Vanderbilt, and Whitney, these stables bred Thoroughbreds to race them, developing female families over generations and sticking to mostly proven stallions, relying on one trainer and often having a jockey under contract to ride all of their horses.

Only a handful of them remain today, but almost all of the onetime private stables still operating have had to adapt their business models.

Craig Bernick, president and CEO of Glen Hill Farm, is the grandson of the racing and breeding operation's late founders, Leonard and Bernice Lavin. In 1967, the Lavins created the breed-to-race stable that primarily ran its homebreds in Illinois and California while breeding and raising them at Glen Hill Farm in Ocala, Fla. Glen Hill Farm has maintained a longstanding relationship with the Proctor family, with the stable's horses trained by the late Willard Proctor for many years, then by his son, Tom. Harry “Hap” Proctor, also a trainer, was longtime farm manager.

Since taking over the operation in 2008, Bernick has diversified Glen Hill. It still maintains a racing operation (with Tom Proctor as U.S. trainer), but auction purchases and partnerships in Europe and North America supplement the stable, some horses are bred for the commercial market, and Bernick created a division to invest in stallions and stallion shares.

Bernick is this week's Friday Show guest, discussing how economics, combined with a more commercial breeding and racing industry, necessitated diversification.

Watch this week's episode of The Friday Show below:

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Azure Blue To Take On Highfield Princess In Nunthorpe

Azure Blue (Ire) (El Kabeir), who bested Highfield Princess (Fr) (Night Of Thunder {Ire}) in the G2 Duke Of York S. in May, will square off again with that multiple Group 1 winner in York's G1 Nunthorpe S. on Aug. 25, trainer Michael Dods confirmed on Friday.

A listed winner last October, the 4-year-old claimed the Listed Ellen Chaloner S. at Newmarket at the beginning of May before her group heroics. She was sixth in the G1 July Cup S. at Newmarket, but is reportedly doing well.

“At the moment we're thinking of going to York and the Nunthorpe,” said Dods, who has won the Knavesmire feature three times with Mecca's Angel (Ire) (Dark Angel {Ire}) in 2015/2016 and Mabs Cross (GB) (Dutch Art {GB}) in 2018.

“We're pulling her back a furlong and it will be very competitive if the 2-year-olds come in and also Highfield Princess was so impressive at Goodwood.

“We had had a run and Highfield had not when we met before and she's obviously come on a lot from then. But it is the obvious race and at the moment the plan is to go there.”

The five-furlong Group 1 is new territory for the filly, who has raced at six furlongs or farther in every other start to date.

“We're travelling into the unknown,” Dods acknowledged. “They will go a hard gallop and hopefully she will be fine. We're looking forward to it and at the minute it is all systems go.”

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Pegasus Winner Goes For Virginia’s First ‘Million’

In the absence of Godolphin standout and GI Longines Breeders' Cup Turf winner Rebel's Romance (Ire) (Dubawi {Ire}), the role of morning-line favorite for Saturday's feature at Virginia's Colonial Downs fell to GI Pegasus World Cup Turf Invitational winner Atone (Into Mischief). A Godolphin-bred gelded son of leading sire Into Mischief, the Michael Maker trainee, owned by Three Diamonds Farm, put a career best 103 Beyer Speed Figure to take down Brazilian standout Ivar (Brz) (Agnes Gold {Jpn}) at Gulfstream Park Jan. 28. He'll stretch out to 1 1/4 miles for the first time off a quartet of 1 1/8 mile races including a last-out fifth after just giving up the lead close to home in the GIII Dinner Party S. on the Preakness undercard May 20.

And while their bigger name might be out, Godolphin is still going for the repeat here with last year's Arlington Million winner Santin (Distorted Humor). In the Churchill Downs edition held at 1 1/8 miles, the 5-year-old led nearly gate-to-wire and soundly defeated GISW Smooth Like Strait (Midnight Lute). Racing for trainer Brendan Walsh, Santin will have to overcome the widest draw of the field from gate 11 and gets back on the turf after a pair of main-track races at Churchill and Ellis respectively resulting in back-to-back off-the-board finishes.

Never far from Grade I turf action, trainer Chad Brown brings a pair of entries in last year's GI United Nations S. winner Adhamo (Ire) (Intello {Ger}) and GISW Rockemperor (Ire) (Holy Roman Emperor {Ire}).

And while Brad Cox may be more well known for his dirt horses, Set Piece (GB) (Dansili {GB}) will look to give his trainer another Grade I coming off a win in the GIII Arlington S. at Churchill two back June 3 and a narrow third in the GII Wise Dan S. last time out at Ellis July 1.

THE GIRLS GO FOR BREEDERS' CUP SLOT IN BEVERLY D.

With an all-expenses paid trip to the GI Maker's Mark Breeders' Cup Filly and Mare Turf on the line, a field of seven fillies and mares duel on the Virginia turf in the 1 3/16-mile GI Beverly D. S.

Mark Casse's Fev Rover (Ire) (Gutaifan {Ire}) leads the field from the rail draw and will look to continue her run of trifecta finishes since coming stateside last year. A two-time graded stakes winner at Woodbine, the 5-year-old trailed Whitebeam (GB) (Caravaggio) and MGISW In Italian (GB) (Dubawi {Ire}) by just a half-length on the line in Saratoga's GI Diana S. July 15.

The Argentinian-bred Didia (Arg) (Orpen) had her seven-race win streak ended by Chad Brown's Marketsegmentation (American Pharoah) by just three-quarters of a length in Belmont's GI New York S. June 9. Prior to that, the 5-year-old earned Group 1 wins in her native country and took Churchill's GIII Modesty S. on the Kentucky Oaks undercard May 5 before contesting the New York. Racing for Merriebelle Stable and trainer Ignacio Correas, she is also the only member of the field with experience over Colonial's Secretariat turf course–winning both of her first two starts in the United States.

Peter Brant's Gina Romantica (Into Mischief) brought just over $1,000,000 at auction as a yearling at Keeneland September and her value increased exponentially after wining last season's GI Queen Elizabeth II Challenge Cup at Keeneland. A winner of two of her four turf starts for Chad Brown, she enters off a fourth–beaten just 1 1/4 lengths–in her seasonal debut in the GIII Eatontown at Monmouth Park June 17.

Silver Knott trains at Saratoga | Sarah Andrew

GODOLPHIN'S SILVER KNOTT TAKES ON NAGIRROC IN SECRETARIAT

While Rebel's Romance may not have made the trip, Godolphin is still well-represented in Saturday's action with Silver Knott (GB) (Lope de Vega {Ire}) who will contest the first of the three graded stakes at Colonial in the GII Secretariat S. A Group 3 winner in England, the Charlie Appleby trainee missed Grade I glory by just a nose to Victoria Road (Ire) (Saxon Warrior {Jpn}) in last year's GI Breeders' Cup Juvenile Turf.

A further 2 1/4 lengths behind that pair, Nagirroc (Lea) has never been off the board in his eight career starts for Graham Motion and owners Little Red Feather Racing, Madaket Stables LLC and William Strauss. A winner two back in the James W. Murphy S. at Pimlico on Preakness Day, the colt was a narrow third last time out in Belmont's GIII Manila S. July 7.

Another Manila starter and an early-season Triple Crown trail colt, Spendthrift's Major Dude (Bolt d'Oro) has seen much success since switching to the turf for nearly all of his 3-year-old season. A three-time graded stakes winner, he finished second behind the recently-retired Two Phil's (Hard Spun) in the GIII Jeff Ruby Steaks S. at Turfway Mar. 25 and came right back to win the GII Penn Mile two starts back June 2.

SARATOGA'S FOURSTARDAVE IS 'WAYI' OPPORTUNITY

Keeping to the grass but moving north to New York, a field of seven accomplished older horses vie for a slot in the GI FanDuel Breeders' Cup Mile with Saturday's GI Fourstardave H.

Already the earner of over $2 million, Casa Creed (Jimmy Creed) took last year's rendition of this race and started this year off strong with a loss by a just a head in Saudi Arabia's G3 1351 Turf Sprint Feb. 25. Third in the GI Jaipur S., a race he also won last year, the Bill Mott trainee took the GIII Kelso S. at Saratoga in preparation for this spot. A true war horse, this is his fourth straight attempt at the Fourstardave.

Todd Pletcher's 'TDN Rising Star' Annapolis (War Front), a Grade I winner as a 3-year-old, has missed the trifecta only once his entire career and began his season with a win in the Opening Verse S. at Churchill before just failing to reel in Casa Creed (Jimmy Creed) in the GIII Kelso S. last month at Saratoga.

Another Pletcher runner, 'Rising Star' Emmanuel (More Than Ready) races for Siena Farm and WinStar Farm and posted a victory last time out in the GIII Poker S. at Belmont Park June 10. He's raced exclusively on the turf since a third in last year's GI Toyota Blue Grass S. The 100 Beyer Speed Figure he put up in the Poker S. is a career best.

2-YEAR-OLDS TACKLE THE SARATOGA SPECIAL

A plethora of maiden winners make the jump into graded-stakes company Saturday in the 6 1/2-furlong GII Herb Moelis Memorial Saratoga Special S.

Courtlandt Farms has 'TDN Rising Star' Edified (Tapit) here for trainer Steve Asmussen. The Summer Wind Equine-bred, the $650,000 Keeneland September yearling, rolled by 3 1/2 lengths in his Ellis Park debut July 1 under Joel Rosario, who retains the ride here.

Norm Casse jumps Rhyme Schemes (Ghostzapper) up in class after he broke his maiden in dominating fashion in his second career start, wiring an Ellis field by 9 1/2 lengths June 15 as an 8-1 shot. With Ricardo Santana Jr. still aboard, the chestnut keeps the blinkers on and looks to improve upon the impressive 94 Beyer Speed Figure he put up in that maiden race.

Haul (Army Mule), racing for Eclipse Thoroughbred Partners and St. Elias Stables, went for $260,000 at this year's OBS April sale and immediately rewarded his connections with a three-length debut win as the favorite at Belmont July 9.

Rhyme Schemes (outside) | Sarah Andrew

WEST COAST FILLIES GO IN THE SORRENTO

2-year-old fillies make the grade at Del Mar Saturday in the GIII Sorrento S. Bob Baffert saddles Dua (Arrogate) for Zedan Racing Stables, the same connections who picked up the sale-topping son of Curlin at Tuesday's Fasig-Tipton Saratoga Sale. The $400,000 Fasig-Tipton July yearling won her Del Mar debut by a half-length July 22.

City of Light picked up his first 'TDN Rising Star' with Benedetta who flew home by three lengths for trainer Simon Callaghan and owner Kaleem Shah at Los Alamitos July 8. The bay brought $750,000 at the OBS March sale and put in a near-bullet work at Del Mar Aug. 5 going four furlongs in :47 1/5 (3/82).

Already a stakes winner in her first start, Dreamfyre (Flameaway) has helped put her freshman sire (by Scat Daddy) on the map with a near gate-to-wire performance in Pleasanton's Everett Nevin S.

YELLOW RIBBON HOSTS ON THE TURF

Finishing out the evening on the West Coast, fillies and mares tackle the GII Yellow Ribbon S. at Del Mar going 1 1/16 miles on the turf. The race is led by the Harris Farm-homebred Closing Remarks (Vronsky) who breaks from the rail and has contested exclusively graded-stakes company since a third in last year's GII Buena Vista S. Grade I-placed in the 2021 GI Del Mar Oaks, the 5-year-old mare was sixth last time out in the GI Gamely S. at Santa Anita May 29.

Also in that Gamely S., School Dance (Animal Kingdom) checked in just behind Closing Remarks in last year's GII Royal Heroine S. and just missed by a head in the GI American Oaks.

Bob Baffert can never be counted out, even on the turf, and he brings in Ganadora (Quality Road) here. The 4-year-old sold for $1,000,000 as a yearling at Keeneland in 2020 and was tabbed a 'TDN Rising Star' for her 6 1/2-length debut win at Santa Anita last year. She did her best running in last year's Dark Mirage S. but also just missed by a nose in this season's GIII La Canada S. Jan. 15.

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