Wed May 28, 2008 at 15:10:43 PM EDT
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| The Conservative Movement's Committee on Jewish Law and Standards (aka "the Law Committee") this morning passed a teshuvah, written by yours truly, on the responsibilities of Jewish employers toward their workers. In practice, this teshuvah applies to Conservative Institutions (synagogues, Camp Ramah, Schechter schools, etc.) as well as members of such institutions. The teshuvah, which passed by an overwhelming margin (13-2-2, with 8 members not present) concludes: |
| Rabbi Jill Jacobs :: Conservative Law Committee passes living wage teshuvah |
1) The halakhic system supports a controlled free-market wage system when the market produces wages on which one can fulfill one's family with basic needs including food, housing, and health care. In order for the halakhah relating to workers and employers to function as intended, we must do what we can to restore a system in which people who work full-time are able to provide for their families' basic needs.
2) Jewish employers are obligated to treat their workers with dignity and respect. This obligation should include, but should not be limited to, prohibitions against publicly yelling at, mocking, or otherwise embarrassing workers; forbidding employees from speaking their native languages at work; banning all bathroom breaks; changing work hours or adding shifts without advance notice; or making improper sexual comments or advances toward workers.
3) Jewish employers must pay their workers on time, according to an agreed-upon schedule, and may not pay workers with bad checks. Employers must pay workers for the full time worked, including mandatory preparation and clean-up hours. Employers who hire workers through a contractor should make every effort to ensure that these workers are being paid on time.
4) Jewish employers may not knowingly put their employees lives at risk by failing to provide appropriate safety equipment and training, or by knowingly forcing workers to work under dangerous conditions.
5) Jewish employers should strive to pay workers a living wage,defined according to any of the possibilities outlined on pages 28-29 of this teshuvah. When deciding among the options available, employers should not select a wage level that, while technically considered a living wage (according to a local ordinance, for example), is so low that employers know that workers will certainly need to take on additional jobs, and/or to endanger their health by working an excessive number of hours.
6) In most cases, unions offer the most effective means of collective bargaining and of ensuring that workers are treated with dignity and paid sufficiently. Jewish employers should allow their employees to make their own independent decisions about whether to unionize, and may not interfere in any way with organizing drives by firing or otherwise punishing involved workers, by refusing workers the option for elections, or by otherwise threatening workers who wish to unionize. When hiring low-wage workers or engaging contractors who supply low-wage workers, Jewish employers should strive to hire unionized workers when possible.
7) The principle of dina d'malkhuta dina obligates Jewish employers to comply with federal labor laws, even when these laws are inconsistently enforced.
8) Jewish employees are obligated to work at full capacity during their work hours, and not to steal time; from their employers. Jewish union leaders should similarly strive to ensure that workers uphold the halakhic obligations of employees to employers. The ideal worker-employer relationship should be one of trusted partnership, in which each party looks out for the well-being of the other, and in which the two parties consider themselves to be working together for the perfection of the divine world.
The whole teshuvah will be available for download soon. The four living wage options that I offer are:
1. The living wage-- a living wage ordinance passed by the relevant county, city, town, or state.
2. The housing wage"--the amount that one would have to earn to be able to afford a 2-br fair market apartment without spending more than 30% of their income on rent.
3. Eighty percent of the area median income.
4. The self-sufficiency wage--the amount a person would have to earn to be able to afford food, housing, transportation, child care, etc.
Congratulations to the Law Committee for taking a step toward restoring Hoshen Mishpat (civil law) to its place as a central part of Jewish law.
As a result of the passing of this teshuvah, I hope that hundreds or thousands of the workers who help to make Jewish institutions function will earn enough to support their families. I also hope that, across the countries, synagogue members, rabbis, campers, and students will engage in thoughtful and productive conversations about how our payrolls can reflect our values and our halakhah (law). |
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