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Asmussen, NYSGC Reach Labor Compliance Agreement

The New York State Gaming Commission and Hall of Fame trainer Steve Asmussen have entered into a monitoring agreement of the trainer’s labor practices, resulting in the cancellation of a scheduled license revocation hearing.

As part of the labor compliance agreement, which has been posted online, Asmussen agrees to pay for an independent monitor of the NYSGC’s choosing to assess the trainer’s racing operations from Jan. 1, 2025, through Dec. 31, 2026.

According to the agreement, the regulator shall discontinue its license revocation matter 30 days after the commission receives the final quarterly report of the monitor, provided the commission is satisfied Asmussen “has been in substantial compliance with federal and/or state labor, employment, and/or immigration statutory and/or regulatory laws with respect to horse-racing activities in any jurisdiction from the effective date of this Stipulation through December 31, 2026.”

In a notice of hearing in June, NYSGC gave grounds as several findings of wage and hour law violations and one temporary nonimmigrant worker visa violation. Four of those five cases are tied to Asmussen’s operations in New York, and the other arose in Kentucky. The United States Department of Labor was involved in each case.

The hearing was initially scheduled for Sept. 18 and rescheduled to Nov. 13 before being announced as “indefinitely postponed” by NYSGC director of communications Brad Maione the morning of Nov. 13. The NYSGC released a statement from chair Brian O’Dwyer later Tuesday afternoon.

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DOWNEY: Asmussen Faces License Revocation Hearing in New York

“The Commission and Mr. Asmussen have now entered an agreement to ensure his stable abides by all labor laws,” he said in a portion of the statement. “As part of the agreement, Mr. Asmussen must obtain a Commission-selected monitor to report quarterly on compliance with such laws for the next two years, and he must inform the Commission of any additional labor violations. 

“Should there be non-compliance with labor laws, or the Commission becomes aware of further violations, we reserve the right to take further action concerning Mr. Asmussen’s license.”

Asmussen attorney Clark Brewster, who also owns horses trained by Asmussen, texted comments to BloodHorse, stating in part: “The matter has been resolved in favor of invited transparency. We appreciate the concerns of the NYSGC and understand that through these efforts the entire industry may benefit from decisional law and the measures taken by the Asmussen stables to reach compliance.”

As part of the agreement, Asmussen confirms that his stable is obligated to comply with the Department of Labor rules and would observe those rules and regulations uniformly.

 

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