Chad Brown has been ordered to pay more than $1 million ....

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Retrospectiv
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Wed May 22, 2019 5:36 pm

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Somnambulist
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Wed May 22, 2019 6:09 pm

More positive news for racing yay!
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Sparrow Castle
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Wed May 22, 2019 6:23 pm

More info...

Labor investigation targets area racing trainer Brown
The H-2B program violations were:

• Failing to pay the H-2B employees the wages they were offered;

• Collecting payment from employees for visa costs, which should be paid by the employer

• Failing to reimburse employees’ transportation and subsistence costs for travel from their home countries

• Misrepresenting to employees the place of employment and job terms and conditions, such as the availability of free housing

• Failing to disclose required information in a language understood by the employees

• Failing to post a notice of employees’ H-2B rights.
More: https://www.saratogian.com/news/labor-i ... bee86.html
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Mylute
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Wed May 22, 2019 7:33 pm

Wtf Chad
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Treve
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WarBiscuit
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Wed May 22, 2019 8:10 pm

My guess is that Mr. Brown knows horses and turf, and someone else in the business end of his organization is supposed to be paying a little closer attention to these details - or at least that is how it will be played out. How in the world could you possibly believe that you could get away with anything like that in 2019? If there is a reasonable explanation, I'll be interested in hearing it - and maybe there is...

WarBiscuit
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Somnambulist
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Wed May 22, 2019 8:28 pm

WarBiscuit wrote:
Wed May 22, 2019 8:10 pm
My guess is that Mr. Brown knows horses and turf, and someone else in the business end of his organization is supposed to be paying a little closer attention to these details - or at least that is how it will be played out. How in the world could you possibly believe that you could get away with anything like that in 2019? If there is a reasonable explanation, I'll be interested in hearing it - and maybe there is...

WarBiscuit
This is my thought too, but I'm not this high profile and if my assistant made a mistake I'd still have to own it. I'm sure whoever he put faith in let him down pretty badly.
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Starine
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Wed May 22, 2019 9:12 pm

Those are some pretty crappy violations listed. I wonder if Mr. Brown's attorney will release a statement.
CorridorZ75
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Wed May 22, 2019 9:40 pm

Somnambulist wrote:
Wed May 22, 2019 8:28 pm
WarBiscuit wrote:
Wed May 22, 2019 8:10 pm
My guess is that Mr. Brown knows horses and turf, and someone else in the business end of his organization is supposed to be paying a little closer attention to these details - or at least that is how it will be played out. How in the world could you possibly believe that you could get away with anything like that in 2019? If there is a reasonable explanation, I'll be interested in hearing it - and maybe there is...

WarBiscuit
This is my thought too, but I'm not this high profile and if my assistant made a mistake I'd still have to own it. I'm sure whoever he put faith in let him down pretty badly.
If you read the complaint, there was nothing "oops", about this. He was cited for a violation of not keeping accurate timesheets in 2010, and still did not care to follow the rules. I am sure he is not the only trainer who figured he or she did not need to follow the labor laws in these regards.
Somnambulist
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Wed May 22, 2019 10:10 pm

Even after reading it I sincerely doubt Chad himself is doing payroll. Does the president of your company do it? Someone he hired likely did it for him. Nowhere did I say it was an ooops. Someone was clearly negligent.

How backstretch workers are treated in my opinion is looooow.

Had to offset the workers comp premium somehow!
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CorridorZ75
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Wed May 22, 2019 10:29 pm

Somnambulist wrote:
Wed May 22, 2019 10:10 pm
Even after reading it I sincerely doubt Chad himself is doing payroll. Does the president of your company do it? Someone he hired likely did it for him. Nowhere did I say it was an ooops. Someone was clearly negligent.

How backstretch workers are treated in my opinion is looooow.

Had to offset the workers comp premium somehow!
Actually, she does, but that is neither here or there. He might not be doing the nuts and bolts of it, but I doubt they were flaunting the rules to that extent without Brown being aware of it, again especially after he was cited for it once before.
Somnambulist
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Wed May 22, 2019 10:46 pm

I can't find it in either article after searching - only that he's named in the suit, which he would be as the owner. But I worked a 10 hour day, was at the gym for about 2 and had to face mask, so it's not like I'm operating at full capacity.

I'm routinely surprised by what higher-ups don't notice goes on, but why would they? They pay people to work under them to delegate. Your circle is only limited to what you're directly responsible for. I'm sure most of racing flaunts the rules. You think you go get your Masters in HR to end up working for a racing stable? I'm not excusing it... more that I can just see exactly how it happened.
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greyhorse
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Wed May 22, 2019 10:49 pm

Not surprised. It happens all the time, in horse racing and all industries that exploit immigrant labor. And that's such a big operation, the amount of money is reflective of that. I worked for four different trainers, and it was the Hall of Fame one with multiple, large strings that screwed me (and my coworkers) over, and I got a huge backpay check for unpaid overtime a year after I quit working there.
Somnambulist
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Wed May 22, 2019 10:55 pm

greyhorse wrote:
Wed May 22, 2019 10:49 pm
Not surprised. It happens all the time, in horse racing and all industries that exploit immigrant labor.
I was trying to think of a nice way to say but this summed it up nicely.
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Diver52
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Thu May 23, 2019 1:19 am

it seems that these were legal immigrants under a "need" program. I really don't want to think that squeaky clean Chad was skimming a few bucks from their powerlessness. In this country we skate on cheap labor in crappy jobs--would it be a disaster to spend 20 cents more per pound for chicken thighs?
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katmandu
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Thu May 23, 2019 12:42 pm

Can't help but wonder if the mistake was made of "confusing" H2-B workers with illegals. . . . . . . . .

"Company culture" is top down. Exploitation sucks.
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Sparrow Castle
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Thu May 23, 2019 3:17 pm

Matt Hegarty @DRFHegarty
1h1 hour ago
Updated Brown story: Four other trainers acknowledge audits of labor practices:
Brown agrees to pay $1.6 million for violating labor laws
...

Although a spokesman for the Department of Labor declined to comment on the scope of its investigation into trainers in New York, the probe into Brown’s labor and payroll practices appears to be part of a larger examination. Several other New York trainers have acknowledged that they are under audit by the Department of Labor, including Kiaran McLaughlin, Gary Contessa, and George Weaver. Another, Linda Rice, paid a $110,000 settlement last year, she said on Thursday.

...

Rice said on Thursday that her settlement, reached last November, covered approximately $50,000 each in back wages and liquidated damages, plus $10,000 in fines.

“Last year was a very stressful year getting through all of that,” Rice said. “It seems to me that every trainer on the grounds is going through the same thing.”

Weaver said payroll issues have become enormously complicated.

“It’s difficult for us to figure out how to comply 100 percent with everything they want us to do,” Weaver said. “We’re all in the process of trying to make it work.”

Weaver did say that trainers “are not stuffing money in our pockets at the expense of employees. Most of us are maxed out.”
More: https://www.drf.com/news/brown-agrees-p ... labor-laws
Three Ring
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Thu May 23, 2019 7:55 pm

Are backstretch workers paid hourly or just a flat rate as contract employees?
greyhorse
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Thu May 23, 2019 10:54 pm

Three Ring wrote:
Thu May 23, 2019 7:55 pm
Are backstretch workers paid hourly or just a flat rate as contract employees?
It varies. As a hotwalker, I was paid hourly. But there was no time clock, so they paid me based on the set hours I was supposed to be there every day. If it was my turn to come back in the afternoon, or help for a race, I was also paid their predetermined amount of hours for that. But some mornings I had to stay a little later, and that's where they got in trouble. I believe most exercise riders are paid piece rate. Not sure about grooms, assistant trainers or pony riders.
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starrydreamer
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Fri May 24, 2019 9:59 am

CorridorZ75 wrote:
Wed May 22, 2019 10:29 pm
Somnambulist wrote:
Wed May 22, 2019 10:10 pm
Even after reading it I sincerely doubt Chad himself is doing payroll. Does the president of your company do it? Someone he hired likely did it for him. Nowhere did I say it was an ooops. Someone was clearly negligent.

How backstretch workers are treated in my opinion is looooow.

Had to offset the workers comp premium somehow!
Actually, she does, but that is neither here or there. He might not be doing the nuts and bolts of it, but I doubt they were flaunting the rules to that extent without Brown being aware of it, again especially after he was cited for it once before.
All low income workers are treated poorly.

Whether he actually knew about it is irrelevant. He should have known. My guess is that the people who are doing payroll for most trainers were initially hired for other things and as their stable grew and more employees were hired, those people kept doing payroll and things got away from them. Hopefully these audits and fines will force the big trainers to get a bit sharper about payroll and employee issues.
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