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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Canterbury’s 2020 Season Sees Record Off-Track Wagering; Average Race Handle Up 114 Percent

A racing season that was postponed and shortened due to the COVID-19 pandemic concluded Thursday evening at Canterbury Park with the results leaving track officials pleased, considering the race meet was in jeopardy in April. The Shakopee, Minn. racetrack conducted an uninterrupted 53-day race meet that began on June 10, a month later and 12 days shorter than originally planned.

With capacity limited to 750 spectators, when in 2019 the track averaged 6,592 daily, and race days reduced by 20 percent, wagering on track declined 65 percent to $3.7 million. Off-track wagering from across the country however increased 115.6 percent to $64.7 million. Average handle per race, perhaps the best comparison under the circumstances, increased 114 percent due to a 174 percent increase in per race out of state handle.

“We are pleased with the results of the 2020 live racing season and our record all-sources handle,” Vice President of Racing Andrew Offerman said. “Although the substantial increase in off-track handle didn't fully offset our losses in admissions, food and beverage and on-track handle revenues, the increase in exposure of our racing product and the national acceptance of it were encouraging. These off-track gains helped us salvage a mostly successful season in the midst of a global pandemic.”

Canterbury officials made the decision to pivot from a traditional schedule that included weekends to a Monday through Thursday race week designed to capture national wagering dollars when facing less competition. The gamble paid off as total handle of $68,388,504 for 53 days far exceeded the 2018 record of $48,142,704 when 66 racing programs were conducted.

Jockey Francisco Arrieta won the final two stakes of the season with victories in the $50,000 Shakopee Juvenile aboard 2-year-old filly Heart Full of Soul and the $50,000 Tom Metzen HBPA Sprint on King of the Court. Heart Full of Soul is trained by Mac Robertson and is owned by Hugh Robertson and Gregory Erwin. She defeated five colts and geldings, winning by two lengths and paying $7.00.
Robertino Diodoro trains King of the Court for owner Gary Kropp and Clayton and Rick Wiest. Arrieta and King of the Court tracked the pace, took control in upper stretch and held off a late challenge by Arcadia Calls to win by a neck. As the wagering favorite, the 5-year-old paid $5.40.

The leading Thoroughbred owner for the meet was Robert Lothenbach who won 32 races. Joel Berndt, whose primary owner is Lothenbach, won his first Canterbury training title with 45 wins. Ry Eikleberry was the leading thoroughbred jockey with 77 wins. This was his third riding title. The top quarter horse trainer was Jason Olmstead for the sixth consecutive season. He had 19 wins. Nik Goodwin won the quarter riding honors with 10 victories. Corey Wilmes was leading quarter horse owner with six wins.

Ready to Runaway, winner of four of five starts including the Lady Slipper Stakes, the Glitter Star Stakes and the Minnesota Distaff Sprint, was named Horse of the Meet. She is owned by John Mentz of Lakeville and is trained by Mac Robertson.

Canterbury Park's 2020 Horse of the Year and divisional champions:

  • Horse of the Year – Ready to Runaway (owner: John Mentz : trainer: Mac Robertson)
  • Sprinter – Ready to Runaway (owner: John Mentz : trainer: Mac Robertson)
  • Older Filly or Mare – Ready to Runaway (owner: John Mentz : trainer: Mac Robertson)
  • Older Horse – Drop of Golden Sun (owner: Rengstorf Racing LLC : trainer: Tony Rengstorf)
  • Grass Horse – Tut's Revenge (owner: Claim To Fame Stable : trainer: Clinton Stuart)
  • Three-Year-Old Colt or Gelding – Vo Fantastic Aira (QH) (owner: Corey Wilmes : trainer: Ed Ross Hardy)
  • Three-Year-Old Filly – Hotasapistol (owner: Gary and Brenda Bergsrud : trainer: Clinton Stuart)
  • Two-Year-Old – Sneeky Diversion (owner: Lothenbach Stables, Inc : trainer: Joel Berndt)
  • Claimer – Hotfoot (owner: Rocket Wrench Racing LLC : trainer: Karl Broberg)
  • Quarter Horse – Vo Fantastic Aira (owner: Corey Wilmes : trainer: Ed Ross Hardy)

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Kentucky Downs Smashes Handle Record, Total Wagering Goes Over $59 Million

Even before Saffie Joseph won Wednesday's eighth race with Sugar Fix on closing day of the RUNHAPPY Meet at Kentucky Downs, the trainer's thoughts had turned to next year.

“First meet here. I love it,” said Joseph, one of America's fast-rising trainers who this summer expanded his East Coast base to include Kentucky. “It's a cool setting, different from what you're used to seeing in America. It's kind of like a European track. I'm coming back every year. As long as we have the owners providing the horses, we hope to make this an important part of our year.”

Fergus Galvin, a representative for Qatar Racing's Sheikh Fahad al Thani, said that Guildsman's victory in the Grade 3 Franklin-Simpson Stakes on the closing card “certainly made Sheikh Fahad a big fan of Kentucky Downs. He's already wanting to stock up the stable to point to the meeting next year.”

Kentucky Downs smashed its betting records at the six-date meet with total wagering of $59,828,444 on 62 races, including $9,487,705 on Wednesday's 10-race finale. The previous record was last year's $41,239,699 for 50 races over five days.

This meet was run without spectators, with horse owners and a limited number of their guests attending the races under social-distancing protocols.

“We love it here,” Kentucky-based trainer Brendan Walsh said before saddling Guildsman to victory in the Franklin-Simpson. “It's been good to us. We always enjoy coming here. It's always a nice atmosphere. It's a shame we don't have the people this year, but hopefully next year will be different.”

Walsh sent out the meet's only two-time winner, Born Great. He had a trio of wins, seconds and thirds and noted that just being close can be lucrative at Kentucky Downs.

“Absolutely. We ran second in the 2-year-old stakes and got $94,000 with a 2-year-old filly,” Walsh said, referencing Flown's finish in the $500,000 The Mint Juvenile Fillies on opening day. “It's fantastic.”

Purses paid out to horse owners totaled a record $12,337,000 spread over the six days, topping last year's record total of $11,520,380 paid out over five days. Overnight races (maiden, allowance and claiming) continued to be among the most lucrative in the world, even with a moderate per-race purse reduction forced by the COVID-related two-month shutdown during the spring of the Historical Horse Racing gaming operation

“It's a great set-up,” said California-based trainer Doug O'Neill. “Purses are insane. They take care of you. I'd love to see them add a few days to this meet. Sometimes with such a short meet, it's hard to bring them from California for fear that you won't get in (your targeted race); there's not a Plan B. But if they were to have say three weeks of three days a week or something like that, it would open up the door more for people to ship in. Or two weeks, four days a week. The horses are there, and the purses are here. The set-up is here. The management's here. A few more days would be helpful for the horsemen.”

With the leading riders from both coasts and Kentucky convening at Kentucky Downs, the meet assembled the season's strongest group of riders at one track outside the Breeders' Cup. Among those riding at the track for the first time were New York-based reigning Eclipse Award champion Irad Ortiz and California budding superstar Umberto Rispoli. Ortiz's six wins included three stakes: Imprimis in the $700,000, Grade 3 RUNHAPPY Turf Sprint, Theodora B. in the $500,000 TVG and Outadore in the $500,000 Bal a Bali Juvenile Turf Sprint.

“I really like it,” said Ortiz, the brother of two-time Kentucky Downs leading rider Jose Ortiz. “It's different than all the other tracks I've been riding. It's not like a regular track, just two turns. This is uphill, downhill, tight turn. I like it. I just have fun. I'm glad I'm able to ride some horses here.”

Rispoli had only two mounts at the meet but one was Lighthouse's victory in the inaugural $400,000 Music City for California trainer Simon Callaghan.

Tyler Gaffalione added his first Kentucky Downs riding title to his recent meet crowns at Keeneland and Churchill Downs, winning 11 races including stakes on Guildsman, Got Stormy ($500,000, Grade 3 Real Solution Ladies Sprint) and Plum Ali ($500,000 The Mint Juvenile Fillies).

“This is such a fun place to ride,” Gaffalione said. “Great venue. I look forward to coming here every year. It's a blast. The atmosphere, the people. There's nowhere else like it. And the money is an extra bonus.”

Mike Maker won a record fifth training title with eight victories, while his client Three Diamonds Farm earned its first owner's title at the track with four wins.

Donegal Racing's Arklow, with Florent Geroux riding for trainer Brad Cox, came away with the meet's richest race, taking the $1 million, Grade 3 Calumet Farm Kentucky Turf Cup for the second time in three years. The Maker-trained Zulu Alpha, last year's winner, finished third.

Breeze Easy's Imprimis, trained by Joe Orseno, earned a fees-paid spot in the $1 million, Grade 1 Breeders' Cup Turf Sprint Nov. 7 at Keeneland by virtue of winning the RUNHAPPY Turf Sprint, a Breeders' Cup “Win and You're In” Challenge Series race.

Four-time defending Eclipse Award-winning trainer Chad Brown's deep stable was a presence at the meet for the first time, his three wins including Flavius in the $750,000 Tourist Mile and Regal Glory in the $500,000, Grade 3 English Channel Ladies Turf. Brown previously had raced only one horse at Kentucky Downs.

Field sizes, for which Kentucky Downs has led America for the past few years, averaged 9.98, down from last year's eye-catching 11.26 with 12 horses being the maximum that can run. The better races this meet drew exceedingly well, with the 16 stakes races averaging 10.25 horses, including 11.17 for the six sprint stakes. Also notable: The nine first-level allowance races averaged 11.11 horses per race and the 18 non-claiming maiden races 10.33 per race.

Also this meet, Kentucky Downs for the first time utilized Equibase Co.'s Gmax timing and tracking system based on GPS technology, which along with additional high-definition cameras made the broadcast viewing of races much better. Previously, all of Kentucky Downs' races were hand-timed.

Because the new system had some different and more standard starting positions based on GPS measurements, race times varied significantly and generally were faster from past meets. While the hand-timing continued from the new starting positions as part of Kentucky Downs' testing, the technology-generated times were the official clockings for the Equibase race charts.

“We can't thank the horsemen and the horseplayers enough for their support this meet,” said Ted Nicholson, Kentucky Downs' senior vice president and general manager. “The numbers speak for themselves. We appreciate the Kentucky Horse Racing Commission giving us an additional day this year, and the horsemen took full advantage of it. We had some mishaps and glitches, and each will be scrutinized whether they resulted from human error or were beyond our control. Through it all, our racing was spectacular, which is a credit to our owners, trainers and jockeys and to which bettors across the country enthusiastically responded.

“As far as times and course records, we are going to study the data before making a final determination. But in all likelihood, 2020 will become the baseline year going forward as far as course records. With any new technology, there is a learning curve and hiccups. But we believe the new system is a big step toward addressing the challenges of timing such a unique course as Kentucky Downs.”

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New Jersey Commission Adopts Stricter Whip Rules: Prevents Use ‘Except For Reasons Of Safety’

On Wednesday, the New Jersey Racing Commission issued a strict new rule governing jockeys' use of the riding whip, according to the Daily Racing Form. Beginning in 2021, jockeys at Monmouth Park in Oceanport, NJ will not be allowed to use the whip “except for reasons of safety.”

The commission adopted the new rule unanimously, despite objections by The Jockeys' Guild. It is the strictest rule in the United States.

“The prohibition of the use of riding crops, except when necessary for the safety of horse or rider, will be perceived in a positive light by the general public,” said a statement from the NJRC. “The proposed repeal and new rules are of the utmost importance in adapting the industry to avoid the currently negative public perception of whipping a horse.”

Stewards will be in charge of determining whether jockeys used the whip to maintain control of the horse, and will be able to fine or suspend jockeys if they determine a jockey used the whip “to achieve a better placing.”

The rule continues: “If the riding crop is used, under the supervision of the stewards, there shall be a visual inspection of each horse following each race for evidence of excessive or brutal use of the riding crop.”

Specifications for the whip itself include that it must be “soft-padded [and] have a shaft and a soft tube,” that it does not exceed eight ounces in weight or 30 inches in length, and has a minimum shaft diameter of three-eighths of one inch. Additionally, “the shaft, beyond the grip, must be smooth, with no protrusions or raised surface, and covered by shock absorbing material that gives a compression factor of at least one millimeter throughout its circumference.”

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