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Old 05-24-2019, 04:26 PM   #76
clicknow
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Originally Posted by Saratoga_Mike View Post
To avoid fines, hire a reputable payroll processor and install a time and attendance system.
I guess it's easier to keep splitting hairs and justifying things, rather than bring in professional fiduciaries who handle these things as a matter of course for many companies, LLCs, etc.

What was the part about "Collecting payment from employees for visa costs, which should be paid by the employer...." ?

Last edited by clicknow; 05-24-2019 at 04:31 PM.
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Old 05-24-2019, 06:21 PM   #77
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lol

Whatever you say...
Wow such an intellectual response. I've already taught my 7 year old about the brain capacity of a person that uses "whatever" as a rebuttal.
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Old 05-24-2019, 06:37 PM   #78
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Wow such an intellectual response. I've already taught my 7 year old about the brain capacity of a person that uses "whatever" as a rebuttal.
I see a trip in your future
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Old 05-24-2019, 06:50 PM   #79
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There is a good article in the DRF about the situation.

https://www.drf.com/news/brown-agree...bor-laws?type=

It sounds like the Dept of Labor is cracking down on some of the complex laws related to using immigrant labor (H-2B). Other trainers are being audited also as they try to figure out how to comply with rules they don't always understand.
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Old 05-24-2019, 07:36 PM   #80
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I see a trip in your future
If that's the case so be it. I'm fairly new here and if having an opinion that differs from the big cheese leads to a timeout/ban, i'll gladly move on. If one person has the right to state an opinion, so should everyone else.
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Old 05-24-2019, 07:40 PM   #81
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There is a good article in the DRF about the situation.

https://www.drf.com/news/brown-agree...bor-laws?type=

It sounds like the Dept of Labor is cracking down on some of the complex laws related to using immigrant labor (H-2B). Other trainers are being audited also as they try to figure out how to comply with rules they don't always understand.
From that it appears this is not uniquely Brown. Rice and Weaver are also mentioned.
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Old 05-24-2019, 07:43 PM   #82
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If that's the case so be it. I'm fairly new here and if having an opinion that differs from the big cheese leads to a timeout/ban, i'll gladly move on. If one person has the right to state an opinion, so should everyone else.
First requirement here is Thick Skin.
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Old 05-24-2019, 07:59 PM   #83
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It sounds like the Dept of Labor is cracking down on some of the complex laws related to using immigrant labor (H-2B).
If you don't want illegals then that is what is necessary I guess.

" Many trainers rely on the H-2B visa program to fill positions that they claim U.S. workers do not typically want."

This will always surprise me........it was true during times of high unemployment and still true during times of low unemployment.

But if only a select group of people are WILLING to do these kinds of job, I'd say it would be beneficial all around to treat them like the valuable employees they ARE.

There's a lot of work involved taking care of horses, and I personally think what they do is very valuable work.


I still don't get the part where H-2B employees were asked to pay their own "importation" fees.

I also still don't understand the part about not "understanding" the regs. Surely an above board fiduciary company that people hire to take care of benefits and payroll, as well as attorneys, are experts who perform these services for companies and KNOW what the laws, rules and regs are? I mean, people do this for a living and they do stay abreast of the laws.

It just sounds like excuses to me........the "play dumb" excuse. I've worked in high tech where there are many H2-Bs in the corporation, they had a group who "handled all that" in human resources.


Big barns don't have attorneys or accountants or any kind of people like that???

Last edited by clicknow; 05-24-2019 at 08:00 PM.
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Old 05-24-2019, 08:00 PM   #84
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There is a good article in the DRF about the situation.

https://www.drf.com/news/brown-agree...bor-laws?type=

It sounds like the Dept of Labor is cracking down on some of the complex laws related to using immigrant labor (H-2B). Other trainers are being audited also as they try to figure out how to comply with rules they don't always understand.
it certainly looks like its not that easy to run big operation like what Brown has.
according to the article, he signed a consent decree which is a tough way to travel going forward for sure. that explains why the fines and penalties were so low on this case. if this happened to me i would immediately retire from horse racing and go into something else that the government wouldn't have hanging over my head.
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Old 05-24-2019, 08:00 PM   #85
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Originally Posted by classhandicapper View Post
There is a good article in the DRF about the situation.

https://www.drf.com/news/brown-agree...bor-laws?type=

It sounds like the Dept of Labor is cracking down on some of the complex laws related to using immigrant labor (H-2B). Other trainers are being audited also as they try to figure out how to comply with rules they don't always understand.
Ignorance of the law is no excuse.
Hire someone who does understand them.

Racing is not above the law. As a taxpayers, I welcome a few million bucks in the general fund from the tracks!

From the article.....
Quote:
The release states that Brown signed a consent judgment May 13 agreeing to the back pay and fines. Under the judgment and a separate agreement under the Immigration and Nationality Act, Brown has agreed to pay $1.2 million in back wages,
This is not chump change. It sure looks like the CB Barn has no clue what is going on with its finances. How the hell do you NOT pay this much money??? Is he talking advantage of people here on the visas thing they will not complain?

He needs to be banned from racing until this is all settled. And criminal charges might be worth investigating. Yo can't be this incompetent. Even in racing.
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Last edited by Tom; 05-24-2019 at 08:05 PM.
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Old 05-24-2019, 08:19 PM   #86
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If that's the case so be it. I'm fairly new here and if having an opinion that differs from the big cheese leads to a timeout/ban, i'll gladly move on. If one person has the right to state an opinion, so should everyone else.
In some places opinions are not rights but privileges. This is a privately owned location, not your house.
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Old 05-24-2019, 11:23 PM   #87
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In some places opinions are not rights but privileges. This is a privately owned location, not your house.



Opinions are always your right. There is always the possibility that you will suffer unjust consequences for voicing your opinion.
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Old 05-25-2019, 12:35 AM   #88
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Unless the law was different in the 1970s, this was not a salary/exempt eligible position, meaning you should have been paid hourly.
I always got a flat weekly rate per horse I took care of Do I got a claim, it was 25 years ago, lol.
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Old 05-25-2019, 08:12 PM   #89
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I always got a flat weekly rate per horse I took care of Do I got a claim, it was 25 years ago, lol.
Did you work any overtime?



The groups bringing in H-2A and H-2B workers are not going to these countries and doing the recruiting directly, they go through employment agencies to fill 'slots'. What is understood by the contract worker, what was said by the employment agency, and what was understood by the US group hiring/paying are frequently not the same thing.
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Old 05-25-2019, 09:49 PM   #90
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Did you work any overtime?



The groups bringing in H-2A and H-2B workers are not going to these countries and doing the recruiting directly, they go through employment agencies to fill 'slots'. What is understood by the contract worker, what was said by the employment agency, and what was understood by the US group hiring/paying are frequently not the same thing.
Lets see 7x -8 to 10 hours, yea I worked some overtime.

And at the horse farm I worked at next I did 6x9, never got a penny of overtime.

I just figured its part of learning the ropes, I didnt care much. I could still afford to eat.
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