Returning Worker Exception Act Aims for H-2B Relief

New federal legislation has been introduced that, if passed, could prove a fillip for trainers struggling to find and hold on to immigrant grooms, hotwalkers and exercise riders in a labor market already squeezed thin.

The H-2B Returning Worker Exception Act of 2021, introduced Tuesday, is designed to “develop a long-term solution to permanently address” the annual H-2B visa cap.

According to the bill as currently written, it amends the definition of “returning worker” to include anyone who has entered the U.S. on an H-2B visa in any one of the three previous years.

Among other changes, the bill seeks to streamline the application process, requiring the Department of Labor to maintain a public online job registry. It would also implement new integrity measures and anti-fraud provisions.

It was co-authored by a bipartisan group of lawmakers, including Reps. Henry Cuellar (D-TX), David Joyce (R-OH), Bill Keating (D-MA) Chellie Pingree (D-ME), Steve Chabot (R-OH), and Andy Harris (R-MD).

The H-2B is arguably the most commonly requested visa for backstretch workers, and is awarded to seasonal “non-agricultural” workers like those in landscaping, hospitality sectors, the seafood industry and in some construction jobs.

The number of H-2Bs is capped at 66,000 annually, with an even split of 33,000 available for each half of the federal government's fiscal year. And while additional visas are frequently made available, they're not always enough to meet demand.

To help release a bit of steam from the system, congress has periodically enacted a returning worker provision, which permits those who had previously been in the U.S. on an H-2B visa–granted during a particular period–to be exempt from that cap.

For example, the last time this program went into effect–towards the end of Dec. 2015–the returning worker exemption permitted those who had previously held an H-2B visa issued between Oct. 2012 and Sept. 2015 to be cap-exempt for fiscal year 2016.

That exemption expired at the end of 2016 and has not been re-enacted since.

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‘His Positivity And Humor Are Infectious’: 70-Year-Old Exercise Rider Danny Ramsey Is One Of A Kind

The 70-year-old exercise rider Danny Ramsey has the kind of infectious smile that endears him to everyone in his path. For Thoroughbred Racing Commentary contributor Patrick Gilligan, Ramsey's perennial positive attitude was a highlight during their shared tenure in the barn of trainer Kenny McPeek.

“His positivity and humor are infectious,” Gilligan wrote. “I would be leading one of his horses to the track, and he would pass riders and they would ask him how he was. 'I'm good. I'm better than good!' he would exclaim. 'If you're doing better than me I must be dead, so put me in the ground!' And he would start laughing to himself and so would I. And he said this most days, and still every day we laughed together.”

Ramsey has been employed by McPeek since 2012, and despite a suffering serious injuries in a fall last March, the veteran horseman got back to riding out in the mornings as soon as he could. Ramsey is still making people smile, too.

“Danny was the person who made me laugh again, made me start to love life again,” wrote Gilligan.

There's no higher praise than that.

Read more at the Thoroughbred Racing Commentary.

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Exercise Rider Becomes TikTok Sensation

How do we market racing to the younger generation?

It seems to be the million-dollar question, but an exercise rider named Electra Boone may be nearing an answer. In just two years, Boone has reached an audience of millions on TikTok.

The assistant trainer for Palm Meadows-based trainer Carlos David posts videos on the popular social media platform showcasing her daily life on the backstretch. Today her account, @electraboone, has 150,500 followers and has received 6.4 million likes. Each of her videos receive thousands of views and some of her most popular clips have reached up to 10 million viewers.

TikTok, a short-form, video-sharing social media network, has exploded in popularity in the past year. Although known as the app for Gen Z, TikTok has over a billion monthly active users of all ages. Unlike many social media channels where a user's feed is based on the people they choose to follow, TikTok users scroll through videos created by strangers from around the globe based on a feed individually formulated by the app's algorithm.

Boone said she originally started her TikTok account to create fun videos with a friend just as the app was on the verge of popularity in the U.S.

“I got TikTok two or three years ago when it wasn't anything special,” she recalled. “I just made videos for fun. I had maybe 10 followers and was just posting videos of my dog or a random horse. My friend and I started making cool horse racing videos and we randomly had one video blow up really big and we both gained a huge following at the same time.”

Boone realized they might be on to something, so she began editing her videos further and getting more creative with her content. Soon, she had gained nearly a hundred thousand followers.

“I was thrown off by that because I was just doing it for fun; I wasn't trying to get attention from it,” she said.

Boone's videos range from hilarious to artistic to informative. Her audience has grown attached to some of the stable's stars with Boone often posting progress videos on many of their trainees. One dark bay mare, Jost Sayin (Big Drama), is known as the 'Black Beauty of TikTok'.

Viewers followed the saga of Boone's favorite horse getting claimed and later returning to the David stable, but were confused by the concept of the claiming game. In response to many questions from her followers, Boone made three extensive videos teaching the ins and outs of claiming.

Many viewers ask questions based off Boone's videos and she will post response videos explaining everything from why horses wear nasal flair strips, how to wrap a leg, or why a horse is hosed off before a race.

“I get a lot of questions regarding how to become a jockey,” she said. “A lot of people want to ride and they ask me about weight and height requirements because they've always been told they have to be the size of a jockey to ride, which isn't true if you just want to gallop. So I try to answer the questions on how I got started riding and the best ways to get into it and I try to steer them on the right path in that way.”

Boone had no familial connection to racing when she first started her career in the industry as a photographer at Churchill Downs as a teenager. She had ridden horses all her life and dreamed of one day becoming an exercise rider. She moved on to a job as a hotwalker and then later a groom, working for several trainers in Kentucky, New York and California. After making a trip to Dubai at the age of 17, she was ready to take the next step towards her goal.

“Dubai was a surreal, crazy experience but when I came back I was so tired of hot walking and ponying, I just wanted to ride,” she recalled.”The man that galloped California Chrome, Dehigi Gladney, is a really good rider and runs Doug O'Neil's baby farm in California. I started breaking babies there and he taught me everything. He built my foundation as a rider.”

After six months, the racing stewards came out to the farm to give their approval for Boone to move on to the main track.

“Once I started galloping on the track, I rode for a lot of different trainers,” she said. “I went to Saratoga, which I probably wasn't ready for, but I did it anyways because I'm pretty headstrong. I rode for Todd Pletcher, Brad Cox and Jeremiah Englehart and it was really neat to see how the bigger barns work.”

A year an a half ago, Boone decided to move to Florida despite the fact that she'd never before visited the state. But the decision proved favorable when she met her boss, and now boyfriend, trainer Carlos David.

“He completely changed my form and made me a better rider. He has taught me everything,” she said.

Although Boone's TikTok influence has grown significantly since her move to Florida, she still says that she uses the social media platform as a personal account and doesn't hesitate to post fun, non-equine content.

“It's more of a personal account,” she said. “I don't have much of a filter and will be very straightforward with people about it. I try to be very positive on the app and shift people away from the idea that horses are mistreated. There are a lot of bad apples in the industry, but I try to show that there are a lot of good trainers out there too.”

Still, Boone said she does receive a lot of hate and negative feedback because of her involvement in racing.

Boone said her goal on TikTok is to stay positive and be an advocate for the industry. | photo courtesy Electra Boone

 

“A lot of the comments I get are super nasty because people have completely the wrong idea about the industry,” she said. “A lot of people have no idea and assume horses are slaughtered when they're done with racing. So I try to show how we re-home all of our horses to good homes and how they look now.”

She added that she has had to learn to cope with the ongoing malicious comments.

“I think the hate has gotten to me a bit,” she admitted. “I try to take a step back from TikTok because there is a lot of hate, but then I come back and bring a lot more content.”

TikTok's algorithm offers some insight on Boone's audience.

“I mostly have female followers and I do get a lot of horse people follow me,” she said. ” It's a lot of younger people, I would say mostly 14 and 15-year-olds, but I do get a lot of adults and a lot of equestrians that do show jumping and stuff like that. Everyone is super curious. From what I've gained from TikTok, I've learned there are so many people who have the wrong idea about horse racing and actually have no idea how it works. I try to inform them in that way and that's how I use my platform.”

As Boone's account has grown in popularity, she is now considered a TikTok influencer and gets paid for the videos she posts based on the number of views they receive.

“I never expected to be paid to post things that make me happy. I just post whatever I'm feeling and I get paid for it, usually like $200 a month.”

Boone offered her insight on how the industry can best bring in a new audience based on her experiences.

“I think the biggest thing is people want to be exposed to what's happening and how our days go,” she said. “I've had countless people ask me to make a YouTube channel and show a whole day of what I do. I think my race day videos get so much attention because I'm showing every aspect from bridling the horse, getting him ready, saddling and everything else. People want to see everything to do with the horse. Racing coverage, you don't get to see much of the actual animal, but people want to really see what we do with them. Social media is huge. People want to see more videos of the backside.”

While Boone has fulfilled and surpassed her dream of becoming an exercise rider, she said she now has new dreams in the making as an advocate for the industry on TikTok.

“I'd like to take it bigger and have a more positive voice,” she said. “I'm trying to bring in younger people. That's my big thing is making that good impression about the industry on younger people.”

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Exercise Riders a Shrinking Pool of Talent

When Lorna Chavez moved from England to the United States in 1995, the land of abundance had a surfeit of skilled participants willing and able to don helmet and boot and join the nation’s ranks of exercise riders.

“I started in Delaware,” said Chavez, a former jockey, of her time as an exercise rider for Hall of Fame trainer Jonathan Sheppard. But that was a quarter-century ago. “Now, there aren’t enough riders around,” she said. “Especially good ones.”

And that means busy racetracks of a morning are increasingly populated with riders sometimes ill-equipped to helm their equine vehicles–a potential thorn for the other riders on the track, Chavez said. “Some of them are dangerous,” she added. “It’s dangerous enough being out there anyway without some of these other riders that are out there. And there aren’t any [riders] to replace them.”

The dangers aren’t restricted to humans. There’s also the cyclical wear-and-tear that bad or inexperienced riders can inflict–the uneven grind on joints from a horse that hangs, or the heavy load on the front legs from an iron-mouthed run-off. The sorts of things that pre-dispose horses to catastrophic injury.

Of course, posterity is a keen advocate for the past, when time can cast history in a rosy glow. But Chavez is far from the only industry figure bemoaning a growing scarcity of talented riders. “It is definitely getting tougher,” said California trainer, Sean McCarthy. “There are lots of reasons for it.”

“Those facilities are disappearing”

One common equation bandied around concerns shifting societal trends and a long-in-effect rural flight: The average American is three generations removed from an agrarian lifestyle.

“That’s really the core of it,” said McCarthy. “Kids are not growing up around horses and livestock as they once did, and don’t consequently develop an interest in riding–in the States, anyway.”

What’s more, many young riders seeking exercise rider positions at the track today “haven’t learned to ride properly in the first place,” said McCarthy, pointing to the fundamentals necessary before stirrup-irons can be safely hoisted up and the speed work begins. “In other words, proper equitation and general horse mastership,” he said.

Compounding the problem is a shrinking pool of farms and training centers where young riding talent can be nurtured–a development hitting California especially hard, said McCarthy.

“I think on the East Coast they’ve got a whole host of training centers that are still active,” he said. And while California used to have a good number of these facilities, too–“especially in the Santa Ynez Valley, across the Central Coast,” McCarthy said–they’re disappearing.

“Those were great platforms for kids to get involved in the racing industry, and obviously, learn how to gallop properly from the ground up,” he said. “We don’t have that as much any more–that’s a big part of it.”

The impacts from this aren’t felt uniformly across the board.

“We rarely struggle with exercise riders,” said trainer Mike Stidham. And it’s not because he has had to lower his standards.

“We just will not put up with bad exercise riders,” he said. “Whatever it takes, we’ll hire the best we can.”

In that regard, what helps, Stidham said, is how larger stables like his have in-built appeal attractive to the more talented riders: Better quality of horse, larger more frequent payment of “stakes,” and assurances of reliable work year-in year-out.

“The smaller trainers with either fewer horses, worse horses, or people who have to rely on freelancers, I think that would be a lot tougher,” Stidham said.

A more intractable problem, he said, concerns the number of riders from Central and South America, and the federal government’s hardline immigration policies that are making an already difficult hunt for good riders that much harder.

“Two of my best riders are old,” said Stidham. “They’re not going to be doing this forever, and when they go, I’m going to have to find two more to replace them. That’s going to be hard,” he added. “The government’s making it tough, for sure.”

But the problem as former exercise rider, trainer and jockey Pam Little sees it is one couched upon simple economics, and an evolving job market ever more averse to manual labor–especially when it comes to the American-born workforce.

“Back when I started working in racing, it was always kind of glamorous–they’d put you on a pedestal if you were a good gallop person,” she said, adding how a typical exercise rider’s salary was one that could appeal to a broad demographic.

But over the years, Little said, the average exercise rider salary hasn’t kept up with inflation and spiking living costs in urban centers, so that the job has become an anachronism with unsociable hours waging a losing battle against an ever-increasing number of other less arduous careers paths.

Indeed, Little admitted that she had steered her own children away from a possible career in racing. “I just didn’t want them to have this life,” she said. “It’s seven days a week, and there’s no getting ahead.”

A bad rider–so the saying goes–can undo in minutes the work of months, if not years.

But as outrider Alan Love Jr. sees it, industry veterans–especially the exercise riders and outriders–are too quick to hoard rather than share their knowledge with the latest generations.

“They want to make them look bad so they lose their jobs so they don’t lose their [own] jobs,” said Love, who has been at the job for 16 years.

And it’s not just the nuances of navigating the track of a morning–the getting a horse to settle on a long rein, for example, or to properly engage its hind-end–that aren’t being passed down, Love said. It’s also the subtler diagnostic skills–like accurately pin-pointing lameness–that are becoming a dying art.

“Half these riders couldn’t tell you if they were bad or if they were good, front or back,” he said. “Trainer came by, asked his rider one day, ‘how did your horse go?’ ‘Oh, he went good.’ Trainer turns around to me: ‘that horse is three-legged lame.'”

But education is a two-way street, and patience a virtue.

“A lot of these guys, they don’t want to go to the farm and learn how to ride babies before they come to the track,” he said. “They just want to come to the track, get on a horse and gallop around there. It ain’t as easy as their friends make it look.”

Nor are trainers immune from criticism.

“Some don’t care. As long as they’ve got a rider, that’s all they’re happy about,” Love said. “Every track I’ve been to, I’ve seen that.”

 

Never a High Priority

“The industry itself has never taken the education of racing personnel to be a high priority,” said Reid McClellan, executive director of the national Groom Elite program. As an example, McClellan pointed to a component of the North American Racing Academy that he helped devise focusing on exercise riders.

“If an outrider didn’t think an exercise rider was doing good, for example, they could have sent them over there,” said McClellan. But the course was short-lived. “The industry thought it wasn’t necessary,” he said.

As farms and training centers continue to disappear, however, training schools, like the British Racing School, profiled in a video series in the TDN last year–could offer an obvious substitute. “It would need to be in one of those areas where there used to be a concentration of horses, and maybe a farm where people are retiring or getting out of the business,” he said.

As for a swifter fix, McClellan believes in comparable pay for comparable experience as an incentive for riders to continue honing their skills.

In other words, the industry broadly needs to figure out a better system of recompense so that the more qualified personnel are more uniformly rewarded the higher dividends–something that currently isn’t necessarily the case, McClellan said, pointing to the flat per-horse rates for freelancers.

Towards this end, “owners bear a certain amount of responsibility,” McClellan said. “If a trainer is willing to hire a more qualified exercise rider,” he added, “the owner should be willing to pay the additional cost.”

Other equine disciplines, like show jumping and Western riding, provide horse racing with a relatively untapped pool of riding talent, said McCarthy. He suggested outreach programs, whereby industry representatives target these disciplines, offering things like work experience opportunities to young interested riders.

“That could be a great way to go,” he said, adding that the industry’s Off-Track Thoroughbred program is one such pipeline already connecting horseracing to the broader equine community.

In the same vein, the tracks themselves and the community populating them need to be more receptive to fresh faces, said Little. “If a kid came walking through the gate and said, ‘I want to learn how to gallop.’ What trainer do you know would say, ‘sure–I’ll take you under my wing and teach you’?” she said.

For sure, a towering mountain range stands between the industry and meaningful redress of the problem. But as 2020 has been the year when established norms have been up-rooted, perhaps the socioeconomic fallout from the coronavirus pandemic can offer a few tentative signs for optimism.

A recent Harris Poll found that that nearly 40% of city dwellers are considering moving out of the city as the coronavirus pandemic rages on, and an op/ed in Progressive Farmer speculated that more young people are considering a return to the family business. Many warn, however, that the racing industry cannot passively sit back and hope.

At the end of the day, the industry needs to engage in a “sharing of ideas,” McClellan said. “And we might have to change the way we do business.”

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