The Solicitation of Interest for a Compliance Monitor may be found here.
The New York State Gaming Commission (“Commission”) and Thoroughbred horse trainer Steven M. Asmussen (“Asmussen”) have agreed that Asmussen will engage and pay, at Asmussen’s sole cost and expense, for the services of an independent monitor, chosen by the Commission (with input from Asmussen), to monitor Asmussen’s racing operations within New York for the time period of January 1, 2025 through December 31, 2026. Asmussen’s engagement of such monitor shall include the following criteria:
- Asmussen and any entity under which Asmussen conducts horse-racing activities, including, without limitation, KDE Equine, LLC d/b/a Steve Asmussen Stables (“the Stables”), shall cooperate fully with the monitor and shall make relevant books, records, and information available for the monitor’s inspection as the monitor may require in order to fulfill the monitor’s reporting obligations as set forth herein;
- The monitor shall provide quarterly written reports, to be submitted to the Commission’s Director, Division of Horse Racing and Pari-Mutuel Wagering or other Commission designee, no later than 30 days following the end of each calendar quarter, of activities performed, and observations made by the monitor, concerning whether Asmussen and/or the Stables are in compliance with federal and New York labor laws that concern wage-and-hour requirements, recordkeeping requirements with respect to wage-and-hour laws, prevailing-wage requirements for nonimmigrant workers, reimbursement requirements for nonimmigrant workers, and associated recordkeeping requirements pertaining to nonimmigrant workers. Notwithstanding the foregoing, should the monitor have a reasonable basis to believe that Asmussen and the Stables are not compliant with federal and New York labor laws that concern wage-and-hour requirements, recordkeeping and requirements for nonimmigrant workers, then the monitor shall give written notice to Asmussen and the Stables of the potential violation (or violations) and the suggested corrective action. Asmussen and the Stables shall have 30 days after the issuance of the noncompliance notice to correct the conditions set forth in the monitor’s notice. Should Asmussen and the Stables fail to correct the conditions set forth in the monitor’s notice, then the monitor shall promptly inform the Commission; and
The monitor shall respond promptly to any inquiries of the Commission concerning Asmussen’s compliance or lack of compliance with the pertinent labor, employment, and immigration laws.
The Commission solicits interest from qualified individuals who wish to be considered for selection for such engagement by Asmussen.
Persons interested should send the following information to the Commission’s Acting Secretary, Kristen Buckley, at [email protected]. Applications will be accepted until the position is filled. Please provide:
- description of experience and/or expertise with respect to federal and New York labor laws that concern wage-and-hour requirements, recordkeeping requirements with respect to wage-and-hour laws, prevailing-wage requirements for nonimmigrant workers, reimbursement requirements for nonimmigrant workers, and associated recordkeeping requirements pertaining to nonimmigrant workers;
- description of any experience as a monitor, whether supervised by a court, tribunal, or government entity;
- resume or curriculum vitae (CV);
- description of any disciplinary history concerning the practice of law, if a current or former attorney; and
- proposed fee structure.