Asmussen to Pay $563,800 in Back Wages, Damages

A letter filed Sept. 8 in U.S. District Court indicates a consent judgment has been reached between the U.S. Department of Labor and trainer Steve Asmussen in which the trainer is to pay $563,800 in back wages and liquidated damages toward 170 affected employees.

The Hall of Famer, who became the winningest trainer in North American racing this summer, is one of numerous horsemen that the U.S. government has sued for alleged violations of the Fair Labor Standards Act of 1938. This case, brought against Asmussen's KDE Equine and Asmussen Racing Stables in the Eastern District of New York, began in June 2019.

 Asmussen, who operates one of the country's largest stables, was previously sued by the Department of Labor in New York in 2012 and in Kentucky in 2015 for similar violations. The trainer settled both times.

A ruling from judge Kiyo A. Matsumoto in the most recent case had not been posted online as of 1 p.m. ET Sept. 9.

Asmussen maintains a stable in New York at Belmont Park during much of the year and at Saratoga Race Course over the summer. He also runs horses at Aqueduct Racetrack.

In bringing suit against the trainer in 2019, the government claimed Asmussen wrongfully paid "flat salaries that deprive employees of all required overtime pay." The government further stated that while some employees were paid extra for additional assignments, the "extra pay (was) not based on employees' actual hours worked and (did) not include all overtime premiums owed under the Act."

Flat pay to backstretch employees has long been a common practice for many trainers in the racing industry. Employees typically work most mornings of the week, and sometimes in the afternoons to clean stalls, feed horses, and handle their care when they are entered to race. A workday can vary with a trainer's racing activity.

In addition to their employment at tracks, many backstretch workers reside at racetracks, either in dormitories or tack rooms.

Chad Brown, George Weaver, and Linda Rice are other active, high-profile trainers that have reached settlement agreements with the U.S. Department of Labor in recent years. Trainers with New York operations have come under the most public scrutiny by the government.

In his Sept. 8 letter submitted to the judge, Jeffrey Rogoff, regional solicitor for the U.S. Department of Labor, wrote the proposed consent judgment enjoins Asmussen and his staff to comply with the FLSA in the future. It further requires them "to install and use electronic time clocks and to provide training on specified FLSA provisions for certain of their supervisory employees," he added.