DEPARTMENT OF LABOR APPROVES LIVE-IN COOK CASE Miriam Riedmiller, a member of the American Immigration Lawyers Association, has reported to members an unusual approval in a labor certification case involving a domestic cook.
The US Department of Labor initially was set to reject the case of a domestic cook working in a family's home on the grounds that the position did not require a full time worker nor was the live-in requirement justified. According to Riedmiller, the family contended that the job was full time because
1) the work was for an extended family who regularly celebrates Jewish and American holidays, special events and personal occasions
2) a family-owned business required the family to hold business-related parties and gatherings at the house.
Riedmiller submitted a number of documents supporting the claim including affidavits from the employers showing their ownership of a business and two homes, a list of extended family members and normal guests (which numbered more than ten), recipes and menus for different types of occasions.
The live-in requirement was supported by a letter from the employers showing that the requirement was needed because 1) the cook must report at two locations, 2) overtime work would be necessary on a regular, though unpredictable, basis, 3) the growing business of the employers gave them less time for supervising the employee and 4) the need for access to the cook on an unpredictable basis to ensure effective communication of complex cooking and food preparation details. A business necessity letter also stated that there are special problems arising with day workers including miscommunications and no shows. < Back | Next >Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. | 
