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
- the work was for an extended family who regularly celebrates Jewish and American holidays, special events and personal occasions
- 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
- the cook must report at two locations
- overtime work would be necessary on a regular, though unpredictable, basis
- the growing business of the employers gave them less time for supervising the employee
- 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.
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