Rick Papa expressed the sentiments of the Board, "It's pleasing that as we progress past some very unfortunate diversions not of our creation, we are finally able to begin to focus our attention on enhancing the lives of those who choose to race at Vernon Downs. Horsemen should reap the full value of their labors and investments. We continue to preserve and protect those benefits due to our horsemen by state law and contractual provisions. By recently providing fire insurance, now three scholarships and hopefully other benefits in the near future, the HHACNY wants to make this association a significant resource for the betterment of members and their families." 

    Members are encouraged to submit inquiries or suggestions to your directors or to the HHA of CNY office any time.

Increasing Horsemen's Benefits

May 13, 2010

The HHACNY Board of Directors are pleased to announce an added benefit for all its members. Horses wholly owned by HHACNY members that are stabled at Vernon Downs are now covered against loss due to fire. This coverage is up to $15,000 per horse.  We hope this coverage is never needed, but it is a benefit that our Board feels members should have, especially in light of the recent tragedies at Lebanon Raceway and the near tragedy at Plainridge Racecourse.

Over the next several weeks, The Board of Directors will also be actively engaged in discussions and planning regarding the implementation of enhanced benefits for our members. These initiatives include: 

1)    studying methods to further reduce the cost you must bear of your share of the current available health insurance

2)    restoring our funding of a college scholarship protocol for our members and their families either as a one or two benefit award

3)    exploring other benefit programs        

We are always looking for better ways to serve our members. Your ideas are welcome and invited to help us better serve you. Over the last few years, we have battled very hard to get to the point we have promised. Now, we want you to come to reap the benefits of what we fought for; the right to have better economic protection for you and your family. Know that our efforts in this regard have no beginning or end... they are constant. 

Thanks and the best of racing luck,

Rick Papa and the Entire Board of Directors   

April 5, 2010

URGENT

            We have a chance right now to correct the Workers’ Compensation Law as it pertains to the Harness Racing Industry.  The Empire State Harness Horsemen’s

Alliance (ESHHA) has collectively retained  counsel and  drafted the necessary language to fix the problems within the current law and persuaded the State Assembly and Senate to introduce our legislative changes.  These changes are now embodied in bill numbers are A 10309 and S 7072.

            The rest is up to you and everyone else involved in our industry.  You must contact your local Assemblyman/Assemblywoman and your local State Senator by letter, e-mail, fax, or phone.  This is not a high priority item in Albany which is why they must be contacted by large numbers of people.  Ask your family, friends, neighbors, those in any groups to which you belong to join in and write or call.  We have enclosed a list of local Assembly and Senate members.  If you need help locating your Legislator, please contact our office.

We have submitted a proposal that adds the following five exemptions to the existing Workers’ Compensation Law:

 1.     Catch Drivers

2.     Temporary Designated Trainers

3.    Shippers

4.     Farriers

5.    Veterinarians

If these exemptions are approved, Catch Drivers now by regulation independent contractors, would be so by statute, and their earnings would not be added to your payroll for Workers’ Compensation premium assessments.  Temporary designated Trainers would no longer be assessed premiums for Shippers, Farriers, and Veterinarians as they would also now be statutorily considered Independent Contractors and their fees could not be added to your payroll.

            When contacting your State Legislator, some of the points you should consider mentioning are:

1.    Under New York Law an employee is a person who contracts to work for an employer and is under the employer’s control with respect to the results provided and the means used to achieve the results.

2.    A person who works for another, subject to less extensive control is an “Independent Contractor”.

3.    To establish the presence or absence of control, typical factors to be considered are:

a.     The employer’s control over the time, place and method of the worker’s performance.

b.    Whether the employer furnished equipment, tools or supplies used by the worker.

c.    Whether the worker received a salary from the employer.

d.    Whether the employer withholds taxes or merely pays commissions.

e.    Whether the employer reimburses the worker’s expenses.

f.     Whether the employee sets the worker’s rate.

g.    Whether the employee restricts the worker’s performance of services for others.

All of our proposed exemptions fall outside of the legal employer-employee relationship definition .  The Catch Driver is free to accept or decline requests to drive horses; furnishes his/her own equipment; and pays his/her own expenses.   The Designated Trainer asserts no meaningful control over the services being provided by the Groom; has no financial or meaningful employment relationship with the Groom; provides no equipment or supplies to the Groom, and does not compensate the Groom.

The Shipper, Farrier and Veterinarian all are compensated pursuant to a negotiated fee and such fee is not related to hours worked; they are all free to provide services to customers of their choice; all are responsible for their own expenses and equipment; and all are free to terminate services at any time.

I’ve given you quite a bit of material to choose from.  Don’t use it all; use your own experiences with Workers’ Compensation nightmares if you’ve had any.  Concentrate on Drivers fees, or Designated Trainers, or Shippers, Farriers, or Veterinarians.  Keep it simple and concentrate on the difference between employees and independent contractors.  Please do your part.  Let’s stop the State Insurance Fund from winding up with your hard earned dollars.  We may never have this chance again.  Remember, ask your legislators to support bills:

                                    A 10309 and S 7072

                                                Thanks for your help!

Sulky Benefits

Coverage on wheels has been raised from $ 500.00 per wheel to $ 750.00.

Sulky benefits has been raised total coverage (including wheels) from $ 2,000.00 to

$ 3,000.00.

If you have any questions on health benefits please contact Joe D’Agostino at

315-829-5824.

If you have any questions on sulky benefits please contact this office.

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