Weaver Pays Over $400K In Earnings, Civil Penalties Related To Labor Laws, H-2B Visa Program

Trainer George Weaver has agreed to pay $325,431 in owed wages to employees and $99,567 in civil penalties related to violations of labor and immigration laws, according to a report by The Miami Herald Friday.

A federal judgment states 59 employees will receive $2,548 each in what the government said was unpaid overtime pay. A portion of the penalties assessed to Weaver were for incorrect timekeeping practices, according to the report.

Several New York-based trainers have come under scrutiny by federal agencies for their employment practices in recent years, particularly timekeeping. Federal standards require employers to have an accurate timekeeping method and pay employees hourly, with a change in rate for overtime pay; this is not typically the method of payment for backstretch employees, who are more commonly paid a flat rate based on the number of days, weeks, or horses worked.

The U.S. Department of Labor also assessed penalties for what it said were violations of the federal H-2B visa program, including adherence to the program's minimum wage standards, charging employees for costs related to utilizing the program, and trying to discourage employees from reporting to federal investigators or cooperating with the proceedings.

In 2019, the Saratoga Institute on Equine, Racing, and Gaming Law touched on the topic of H-2B and wages law in an effort to correct common misconceptions about the federal requirements. You can read more about how those issues impact racing employers from our reporting here.

Read more about the recent Weaver settlement at The Miami Herald

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Vekoma Likely to Miss Forego

SARATOGA SPRINGS, N.Y.–Though he has recovered from a leg issue that interrupted his training schedule, two-time Grade I winner Vekoma (Candy Ride {Arg}) looks to be a long shot to compete in the GI Forego S. Aug. 29.

Trainer George Weaver said Friday said the 4-year-old colt, co-owned by Randy Hill’s R.A. Hill Stable and Gatsas Stables, was “50-50” to make the seven-furlong Forego. Vekoma has been treated for an abscess in the coronet band of his left front leg and has not had a timed work since his 1 1/4-length victory in the GI Met Mile July 4 at Belmont Park.

“It’s not looking promising right now,” Weaver said.  “I need to get a work in him, and it’s a day-to-day thing. He has a little abscess. We are just about ready to do something with him, but it’s a day-to-day decision.”

Weaver said if Vekoma does not make the Forego, he would likely be pointed toward the six-furlong GI Vosburgh S. Sept. 26 at Belmont Park. The Vosburgh is part of the Breeders’ Cup Challenge, “Win and You’re In” series of races that guarantees a fees-paid entry and travel expenses. Vekoma already has won two Breeders’ Cup Challenge races: the GI Carter S. for a berth in the Sprint and the Met Mile for the Dirt Mile.

Weaver said that Vekoma, unbeaten in three starts this year and a winner of six of eight in his career, has been going to the track for his morning exercise.

“He has galloped the last few days,” Weaver said. “He is moving good now. The faster you go, the more it may aggravate that tissue, so it’s just a matter of me getting to the point where I think he can put some speed work on it.”

Though Vekoma was given the rest of the year off after the 2019 GI Kentucky Derby–where he was moved up to 12th from 13th by the DQ of Maximum Security (New Year’s Day)–Weaver said the chestnut has not had many problems during his three seasons of competition.

“He grabbed a quarter when he was 3-year-old,” Weaver said. “All horses have issues from time to time. We ask them to be athletes and it’s part of the game. He is a very, very good horse.”

Hill praised Weaver and said that missing the Forego with Vekoma–whom he expects will be the Eclipse Award-winning sprinter– was not a big deal. Funny Guy (Big Brown), a Hill-Gatsas-Swick Stable horse trained by John Terranova, is a probable for the Forego.

“I think that George has managed this horse perfectly,” Hill said. “Sometimes you get frustrated as an owner. I always let the trainer do their job. If you look at the way that George has handled this horse, I’ve said it before and I’ll say it again, I don’t think any other trainer would have this horse where he is now.”

Noting that Vekoma was a May foal, Hill said the decision to put him away after the Derby made sense and has yielded a top 4-year-old.

“George gave him the time off to come back and be a big, strong man,” Hill said. “So if George thinks he needs a little more time…. I think if we don’t make the Forego, George is talking about the Vosburgh, which I kind of like, because it’s six furlongs.  We can see how he reacts again at six furlongs. We haven’t seen him at six in a long time. Then we’ve got the choice of six or the mile. I’ve got Funny Guy in the Forego. Of course, my dream is that Funny Guy wins the (BC Dirt Mile) and Vekoma wins the (BC Sprint) and I win two races.”

Vekoma won the GII Blue Grass S. in 2019 and is no stranger to two-turn races, but Hill sees him as more of a sprinter/miler-type now and said it is unlikely he would go to the GI Breeders’ Cup Classic Nov. 7 at Keeneland.

“We do what we do best,” he said. “I think we will be sprinter of the year. I think we are now. Everybody loves Volatile (Violence), but I can’t wait to race against him. I think Vekoma will tie him in a knot. I do. I think he’s a good horse. Don’t get me wrong, he’s a very nice horse, but I want to see when he comes up against some good horses. You look at what Vekoma did in the Met Mile. He was turning for home and five Grade I horses swallowed him up and he just re-engaged. I haven’t seen anything like that in a long time. I don’t think anybody can beat us. I don’t say that. I’m pretty realistic as an owner.”

All five of Funny Guy’s victories have come against New York-bred company and Hill said the Forego will be a good test for the 4-year-old colt.

‘We’ll see how he does,” Hill said. “We’ve got to find out about this horse. He’s a New York-bred. Everybody says he hasn’t faced anything yet. He’s a New York-bred, let’s go and look. John said ‘let’s see how good we are.’ He’s training great. He’s getting better and better.”

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Pointing To Forego, Vekoma Takes Over NTRA Top Thoroughbred Poll

With Midnight Bisou and Tom's d'Etat both suffering defeats in their respective Grade 1 races at Saratoga Race Course this past weekend, multiple top-level winner Vekoma gained the majority of support among voters to move into the No. 1 position on the National Thoroughbred Racing Association (NTRA) Top Thoroughbred Poll.

Vekoma has been flawless in his 4-year-old campaign to date, winning all three of his outings including victories in the Grade 1 Carter Handicap and Grade 1 Metropolitan Handicap. The son of Candy Ride (ARG) surged to the top of this week's poll with 13 first-place votes and 321 total points and is expected to make his next start in the Grade 1, $300,000 Forego on August 29 at Saratoga.

“We're trying to make it to the Breeders' Cup and the Forego is the most logical next spot,” trainer George Weaver told the NYRA publicity team regarding Vekoma. “So far, everything's looking good and we're looking forward to getting him back to the races. The sky's the limit for him.”

Tom's d'Etat could have made a case to move into the No. 1 slot with a victory in last Saturday's Grade Whitney Stakes but the 7-year-old stumbled out of the gate en route to a third-place finish. The son of Smart Strike still earned 6 first-place votes and 299 points to hold onto the No. 2 spot while his Whitney conqueror Improbable moved into the third position with 6 first-place votes and 278 points.

Champion Maximum Security (9 first-place votes, 256 points) maintains the fourth spot while fellow Eclipse Award-winner Midnight Bisou – who had held the top spot in the poll since March 10 – dropped to fifth with 1 first-place vote and 248 points after she finished second as the favorite behind Vexatious in the Grade 1 Personal Ensign Stakes.

Zulu Alpha (140 points) ranks sixth followed by Monomoy Girl, the champion 3-year-old filly of 2018, in seventh with 2 first-place votes and 120 points. Top-ranked sophomore Tiz the Law ranks eighth with 3 first-place votes and 118 points while By My Standards (112 points) and Volatile (56) round out the top 10.

Ahead of his expected run in the Grade 1 Travers Stakes at Saratoga this Saturday, Belmont Stakes winner Tiz the Law remains the clear choice in the NTRA Top Three-Year-Old Poll with 40 first-place votes and 400 total points. Honor A. P., who finished second in the Shared Belief Stakes on August 1, holds onto the No. 2 spot with 300 points.

Grade 1 Haskell Stakes victor Authentic (280 points) sits third followed by Grade 2 Blue Grass Stakes winner Art Collector (276), who is expected to be the heavy favorite in the Ellis Park Derby on August 9.

Los Alamitos Derby victor Uncle Chuck (180 points) ranks fifth ahead of his planned start in the Travers Stakes while stablemate Thousand Words (138) rejoins the top 10 in sixth following his victory in the Shared Belief Stakes.

Haskell runner-up Ny Traffic (112 points) ranks seventh followed by King Guillermo, winner of the Grade 2 Tampa Bay Derby, in eighth with 106 points. Sophomore fillies Swiss Skydiver (89 points) and Gamine (84) complete the top 10.

The NTRA Top Thoroughbred polls are the sport's most comprehensive surveys of experts. Every week eligible journalists and broadcasters cast votes for their top 10 horses, with points awarded on a 10-9-8-7-6-5-4-3-2-1 basis. All horses that have raced in the U.S., are in training in the U.S., or are known to be pointing to a major event in the U.S. are eligible for the NTRA Top Thoroughbred Poll. Voting in both the Top Three-Year-Old Poll and the Top Thoroughbred Poll is scheduled to be conducted through the conclusion of the Breeders' Cup in November.

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Point Of Honor ‘Deserves A Shot’ Against Midnight Bisou In Personal Ensign

Proud as he is of the way Point of Honor performed last summer at Saratoga, finishing second in both the Grade 1 Alabama and Grade 1 Coaching Club American Oaks, trainer George Weaver is hoping for a little better this year.

“She ran big here last year, but she got beat,” Weaver said. “Hopefully, she doesn't get beat this time.”

The task will be a difficult one, as Point of Honor will line up against champion Midnight Bisou and four others in Saturday's Grade 1, $500,000 Personal Ensign presented by NYRA Bets. The 1 1/8-mile event for older fillies and mares is the first of five stakes, four graded including three Grade 1s, worth $2 million in purses on a 12-race Whitney Day program.

Eclipse Thoroughbred Partners and Stetson Racing's Point of Honor won the Grade 2 Black-Eyed Susan last spring at Pimlico Race Course prior to her Saratoga runs, and did not race back until finishing second as the favorite in a seven-furlong handicap in March at Tampa Bay Downs.

The 4-year-old daughter of Hall of Famer Curlin overcame a slow start to run third in the Grade 1 Apple Blossom on April 18 at Oaklawn Park, and most recently came up a nose shy of winner She's a Julie in the Grade 1 Ogden Phipps on June 13 at Belmont Park. Both races are contested at 1 1/16 miles.

“I think she's a better filly at 4. I think she's filled out and she's a stronger filly. Her races have all been good this year, though we're still waiting to get that first win,” Weaver said. “It's a tough assignment on Saturday but she deserves a shot at it as much as anybody in there.”

Point of Honor drew far outside in the field of six, while Midnight Bisou will break from post 3 in defense of her 2019 Personal Ensign victory, which came by a nose over Elate with She's a Julie third.

“Midnight Bisou is the champ. If you're trying to pick the horses to run against you wouldn't pick her,” Weaver said, “But, we're here and she's doing well and she deserves a shot at it so we'll see what happens.”

Hall of Famer Javier Castellano, aboard for seven of Point of Honor's nine races including both Saratoga starts and the Black-Eyed Susan, has the return call Saturday.

Weaver also said R.A. Hill Stable and Gatsas Stables' Vekoma, impressive last out winner of the Grade 1 Runhappy Met Mile on July 4 at Belmont, is doing well and expected to make his next start in the Grade 1, $300,000 Forego on August 29 at Saratoga.

Vekoma has yet to return to the work tab since the Met Mile, a front-running 1 ¼-length triumph that extended his win streak to three races and came 28 days after a 7 ¼-length romp in the Grade 1 Runhappy Carter Handicap which, like the Forego, is contested at seven furlongs.

“I was on the fence in running back in the Met Mile after four weeks off the big race in the Carter, and following the Met Mile I was not looking to come back in four or five weeks,” Weaver said. “We're trying to make it to the Breeders' Cup and the Forego is the most logical next spot.

“So far, everything's looking good and we're looking forward to getting him back to the races,” Weaver said. “He's always been a good horse. The sky's the limit for him.”

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