Following an investigation and subsequent legal proceedings by the U.S. Department of Labor, Steve Asmussen Stables, a horse trainer, has been instructed by the court to pay $205,000 in penalties and reimbursements. The violations leading to this verdict encompass kickbacks and the failure to provide reimbursements for visa and travel expenses to 39 workers, according to an Aug. 11 news release.
“H-2B workers too often find themselves vulnerable to wage shortages and other violations of their rights,” Wage and Hour Division District Director David An said in the release. “Employers like Steve Asmussen Stables who employ H-2B workers must comply with the law or face sanctions, including fines and potentially being barred from the program.”
KDE Equine LLC, also known as Steve Asmussen Stables, reached an agreement with the DOL to reimburse its grooms and hot walkers a sum of $129,776, resolving violations linked to the federal H-2B worker program, which allows the employment of temporary visa workers, the release reported.
This marks the fourth instance in recent years Asmussen Stables has been instructed to compensate workers following a Wage and Hour Division inquiry. In this latest case, the investigation found the employer contravened several assurances made during the H-2B visa application process for workers in New York, during the period of December 2016 to December 2019, according to the release.
The violations committed by the employer include the failure to remunerate workers for travel-related expenses during the racing season's start and end, obtaining kickbacks from workers under the pretext of covering attorney fees, employing workers beyond New York despite previous statements, exaggerating the number of required H-2B workers and omitting vital details from job applicants, such as the availability of onsite housing, the release said.
Alongside the wage reimbursement, Asmussen Stables was fined a total of $75,223 in civil money penalties. The settlement comprises enhanced compliance measures, featuring the engagement of an independent auditor by KDE to conduct regular audits, updated training for workers in languages they understand, restricting certain managers from involvement in the H-2B program and allowing the division to provide rights-related training to Asmussen Stables' H-2B workers, the release reported.
Jeffrey S. Rogoff, the regional solicitor of Labor in New York, said the DOL is dedicated to ensuring just compensation for employees and deterring future employer violations. The settlement serves to reimburse underpaid workers, impose penalties on Asmussen Stables and promote behavioral change within the employer, the release noted.
An independent auditor will be entrusted with conducting regular audits to oversee compliance, according to the release.
The H-2B worker program permits the temporary hiring of nonimmigrants for specific nonagricultural labor or services in the U.S., for defined periods. The investigation was conducted by the division's Long Island District Office, and the litigation was handled by Jacob Heyman-Kantor, a Department of Labor senior trial attorney, before the Office of Administrative Law Judges, the release reported.
