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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‘Long Distance’ Setting The Mood Taking A Step Up Into Belmont Oaks

Paul Pompa Jr.'s Setting the Mood will make a steep step up in class when she takes on stakes action for the first time in Saturday's Grade 1 Belmont Oaks.

Trained by Todd Pletcher, Setting the Mood arrives at her stakes debut off a second place finish in a Saratoga allowance event going 1 3/8 miles over the inner turf, where she was brushed coming out of the gate, controlled the pace throughout most of the journey but was a head short of victory to Cap de Creus. The sophomore daughter of second-crop stallion Lea displayed stalking tactics in her prior effort going 1 ¼ miles at Belmont Park, sitting third before taking command in the stretch, but was passed by Hungry Kitten.

Still in search of her first triumph on grass, Setting the Mood broke her maiden in an off-the-turf event at Gulfstream Park in May.

“She's definitely a long distance filly,” Pompa, Jr. said. “She ran well in her last start. It's a short field, so it made sense for Todd to put her in there. We'll see how much talent she has.”

Setting the Mood will be squaring off against recent Saratoga Oaks-winner Antionette as well as Group 1-placed European invader Magic Attitude.

“There is a first time European in there, but it's a short field,” Pompa, Jr. said. “Todd and I talked about it and sometimes you just have to take a shot. If she hits the board, she has a Grade 1 placing on her resume. If she gets lucky, she wins the whole thing.”

Setting the Mood will break from the rail under jockey Luis Saez, who will attempt to replicate his winning form from Saratoga, where he rode nine stakes winners and finished fourth in the standings with 45 wins.

“She had the rail the last time and she got bottled up, so we'll have to be a little more aggressive,” said Pompa, Jr. “He's a top rider and a good human being. He always does well on my horses.

Last Saturday, Pompa, Jr.'s multiple graded stakes winner Regal Glory added another high level stakes win to her ledger when taking the Grade 1 Kentucky Downs Ladies Turf on September 16. The Chad Brown-trained daughter of Animal Kingdom notched her first victory since dead-heating with Varenka in last year's Grade 2 Lake Placid at Saratoga.

While Regal Glory successfully scored another stakes win, Turned Aside was fifth as the beaten favorite in the Grade 3 Franklin-Simpson on September 16 at Kentucky Downs.

“Regal Glory can run on anything and she's a classy filly,” Pompa, Jr said. “Turned Aside didn't like the track at all. Going downhill, he was out of his element and he still only lost by 2 ½ lengths. When you go to Kentucky Downs, some horses love it and other don't like it. He was the favorite and the second and third choices ran at the back.”

Pompa, Jr. said he would regroup with trainer Linda Rice regarding a next start for Turned Aside, who won the Grade 3 Quick Call at Saratoga in his previous start.

“We'll see how he comes it and we'll speak to Linda and pick a spot for him,” Pompa, Jr. said. “One thing is that if he comes out it well, he probably gained a lot of fitness going up and down those hills.”

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Au-Dela Des Pistes To Benefit On Arc Weekend

Au-dela des Pistes, France’s re-training and re-homing organization, will benefit from a pair of initiatives on Prix de l’Arc de Triomphe weekend Oct. 3 and 4.

Modeled after the Breeders’ Cup Pledge, owners, trainers, breeders and jockeys associated with runners on Arc weekend can opt to donate a percentage of their earnings over the two days to the charity.

Additionally, all ticket sales for the Sunday program will be donated to Au-dela des Pistes. The crowd is limited to 5,000 racing professionals and their guests.

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Campanelle Heads Straight to Breeders’ Cup

Undefeated Campanelle (Ire) (Kodiac {GB}) will head straight to the Nov. 6 GI Breeders’ Cup Juvenile Fillies Turf at Keeneland after connections decided to forego next weekend’s G1 Cheveley Park S. at Newmarket.

Campaigned by Stonestreet Stables, the Wesley Ward-trained filly broke her maiden at Gulfstream Park May 31 before taking the G2 Queen Mary S. during the Royal meeting at Ascot June 20. In her latest start at Deauville Aug. 23, she gave her trainer his third victory in the G1 Darley Prix Morny.

“We took her out of the Cheveley Park,” confirmed Ward. “I just felt I’d like to keep her under my thumb a little bit before going to the Breeders’ Cup. I think this filly could be something really special and I don’t want to ship her over and back again before the Breeders’ Cup. By keeping her [in America], we have a good couple of months to make sure she’s at her very best.”

In regards to her juvenile campaign thus far, Ward added, “She’s done everything we’ve asked of her–she’s three for three. We were struggling to find a turf maiden for her, eventually we did at Gulfstream and it was only 20 days between that race and the Queen Mary. With the shipping as well, I would never usually run them back that quick, so for her to go and win at Royal Ascot showed she’s a super good filly. And then she won much more impressively at Deauville after a good spacing since Ascot.

Also targeting Breeders’ Cup day for Ward is Ranlo Investments LLC’s Golden Pal (Uncle Mo), a narrow second in the June 19 G2 Norfolk S. at Royal Ascot. Originally targeting the G1 Nunthorpe at York, the colt’s connections opted to keep him in the U.S., where he won Saratoga’s Skidmore S. Aug. 21. The GI Juvenile Turf Sprint is his Breeders’ Cup target.

“It was a shame we couldn’t come over for York, but he’s a super quick horse, as he showed in his last race at Saratoga,” Ward said. “The Breeders’ Cup race for him is over five and a half [furlongs]. He’d prefer five as he has so much speed, but it’s his home track and I still think he’s going to be tough.”

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