Asmussen Appeal of Labor Law Judgment Moving Forward

A federal court judgment totaling more than $486,000 in a labor law case filed against Hall of Fame trainer Steve Asmussen remains under appeal.

The judgment, entered March 4 and reported at BloodHorse the following day, was the subject of a June 12 Department of Labor news release.

United States District Judge Claria Horn Boom assessed actual damages of $243,260.13 against Asmussen's KDE Equine for failing to pay 163 grooms and hotwalkers that he employs overtime wages in Kentucky. The addition of liquidated damages in the same amount doubled Asmussen's setback to $486,520.26.

Asmussen timely filed an appeal. Enforcement, or collection, of the judgment was stayed by a March 22 district court order after the trainer applied and was granted permission to post a bond of $265,490.08 with the court clerk, who deposited the funds into an interest-bearing account. According to the court's online record, distribution of the funds will be directed by further orders of the Court upon final resolution of Asmussen's appeal.

A mediation conference scheduled for May 7 under the auspices of the U. S. Sixth Circuit Court of Appeals was canceled. Asmussen's appellate brief is due June 27, and the Department of Labor will have until July 29 to respond.

The appellate court record is silent as to whether oral arguments will be held.