State finds labor violations at Saratoga horse track

By The Associated Press

Wednesday, August 27, 2008 8:43 PM EDT

ALBANY - An ongoing New York state labor investigation has found as many as 1,200 backstretch workers at Saratoga Race Course may have been underpaid, overworked and required to live in unfit conditions, Labor Commissioner M. Patricia Smith said Wednesday.
The investigation so far has found that about 80 percent of 110 low-wage workers interviewed, including horse walkers, grooms and watchmen, were collectively underpaid about $7,000 a week at the track, a summer attraction for the rich and famous. Some workers made as little as $5.06 per hour - well below the state's $7.15 minimum wage. The agency expects the investigation to uncover more labor violations.

“Our message to trainers who employ backstretch workers across New York state is simple: comply and comply now,” Smith said

Smith said workers were generally paid a weekly wage, with no regard for overtime. As the investigation continues, trainers will be required to reimburse workers for back pay, and may have to pay state fines. If trainers have broken labor laws, the state could bring criminal charges against them, but Smith said she doesn't anticipate doing that.

In some cases, workers slept packed into small rooms in poor conditions - in sleeping bags or cots on the floor, or with bed bug or mice infestations.

The track is operated under a lucrative state franchise by the New York Racing Association, which also runs the Belmont and Aqueduct tracks. The investigation will extend to those tracks later this year, Smith said.

The workers are employed individually by trainers who function as independent contractors. They care for the horses at the racetrack 24 hours a day, doing everything from cleaning stalls to feeding, bathing, walking or rubbing down the horses after a race.

“NYRA shares Commissioner Smith's concern that workers who are employed by independent trainers on the backstretch are treated fairly and with dignity,” NYRA President Charles Hayward said, adding that NYRA is cooperating with the state investigation.

NYRA expects to emerge soon from bankruptcy protection with the help of a multimillion dollar state bailout.

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