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05-24-2019, 04:26 PM
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#76
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Registered User
Join Date: Aug 2017
Posts: 3,641
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Quote:
Originally Posted by Saratoga_Mike
To avoid fines, hire a reputable payroll processor and install a time and attendance system.
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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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05-24-2019, 06:21 PM
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#77
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Registered User
Join Date: Apr 2019
Posts: 68
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Quote:
Originally Posted by PaceAdvantage
lol
Whatever you say...
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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.
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05-24-2019, 06:37 PM
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#78
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Resurrectionist
Join Date: Jan 2017
Location: Cheyenne, Wy
Posts: 3,615
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Quote:
Originally Posted by fastfasterfastest
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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I see a trip in your future
__________________
Battle is the most magnificent competition in which a human being can indulge. It brings out all that is best; it removes all that is base. All men are afraid in battle. The coward is the one who lets his fear overcome his sense of duty. Duty is the essence of manhood.
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05-24-2019, 06:50 PM
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#79
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Registered User
Join Date: Mar 2005
Location: Queens, NY
Posts: 20,604
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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.
__________________
"Unlearning is the highest form of learning"
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05-24-2019, 07:36 PM
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#80
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Registered User
Join Date: Apr 2019
Posts: 68
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Quote:
Originally Posted by jocko699
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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.
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05-24-2019, 07:40 PM
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#81
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Registered User
Join Date: Sep 2007
Posts: 4,149
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Quote:
Originally Posted by classhandicapper
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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From that it appears this is not uniquely Brown. Rice and Weaver are also mentioned.
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05-24-2019, 07:43 PM
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#82
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Registered User
Join Date: Sep 2006
Posts: 510
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Quote:
Originally Posted by fastfasterfastest
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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First requirement here is Thick Skin.
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05-24-2019, 07:59 PM
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#83
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Registered User
Join Date: Aug 2017
Posts: 3,641
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Quote:
Originally Posted by classhandicapper
It sounds like the Dept of Labor is cracking down on some of the complex laws related to using immigrant labor (H-2B).
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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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05-24-2019, 08:00 PM
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#84
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Registered User
Join Date: Sep 2007
Location: Boston+Ocala
Posts: 23,735
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Quote:
Originally Posted by classhandicapper
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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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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05-24-2019, 08:00 PM
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#85
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The Voice of Reason!
Join Date: Mar 2001
Location: Canandaigua, New york
Posts: 112,810
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Quote:
Originally Posted by classhandicapper
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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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,
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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.
__________________
Who does the Racing Form Detective like in this one?
Last edited by Tom; 05-24-2019 at 08:05 PM.
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05-24-2019, 08:19 PM
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#86
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Resurrectionist
Join Date: Jan 2017
Location: Cheyenne, Wy
Posts: 3,615
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Quote:
Originally Posted by fastfasterfastest
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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In some places opinions are not rights but privileges. This is a privately owned location, not your house.
__________________
Battle is the most magnificent competition in which a human being can indulge. It brings out all that is best; it removes all that is base. All men are afraid in battle. The coward is the one who lets his fear overcome his sense of duty. Duty is the essence of manhood.
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05-24-2019, 11:23 PM
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#87
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Registered User
Join Date: Dec 2012
Posts: 114
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Quote:
Originally Posted by jocko699
In some places opinions are not rights but privileges. This is a privately owned location, not your house.
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Opinions are always your right. There is always the possibility that you will suffer unjust consequences for voicing your opinion.
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05-25-2019, 12:35 AM
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#88
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Registered User
Join Date: Feb 2003
Location: Dark Side of the Moon
Posts: 5,870
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Quote:
Originally Posted by Saratoga_Mike
Unless the law was different in the 1970s, this was not a salary/exempt eligible position, meaning you should have been paid hourly.
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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.
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05-25-2019, 08:12 PM
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#89
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Registered User
Join Date: May 2011
Posts: 22,629
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Quote:
Originally Posted by GMB@BP
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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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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05-25-2019, 09:49 PM
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#90
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Registered User
Join Date: Feb 2003
Location: Dark Side of the Moon
Posts: 5,870
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Quote:
Originally Posted by davew
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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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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