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February 13, 2012
Binyamin Rose: Back to the Bunker: How a life-risking act by a Christian family during the Holocaust saved a family and built a thriving community a world away
Menachem Wecker: Business Schools Teach Real Estate Despite Troubled Housing Market
February 10, 2012
Lisa M. Krieger: Man with defibrillator demands access to his own heart's information
David G. Savage: Why activists may not be in a hurry to have High Court rule on alternative marriage
February 9, 2012
Laura McMullen: 10 Least Expensive Public Schools for Out-of-State Students
Kimberly Palmer: How to actually enjoy -- relaxing, financially -- your vacation
February 8, 2012
Warren Richey: Why momentous Prop. 8 ruling might not satisfy gay-rights groups
Menachem Wecker: Though Controversial, LL.M.'s Can Lead to Specialized Legal Jobs
The Kosher Gourmet byDana Velden: Going to the bother of making soup? You know it better be good. This CREAM OF TOMATO SOUP certainly is! And it's a cinch to make, too (Includes techinques and serving secrets)
February 7, 2012
Frank J. Gaffney, Jr.: Caught off-guard? President's Super Bowl interview with Matt Lauer gives those who need a reason not to vote for him, a darn good one
Suzanne Bohan: Leaping lizards! Tiny reptiles advancing robot design
February 6, 2012
Jonathan Tobin: Iran Threatens Israel With Destruction, But the New York Times Doesn't Hear It
Jeffrey Fleishman: In newly democratic Egypt, tens of democracy activists jailed, to stand trial; their groups are 'threatening the stability of the homeland'
Julie Deardorff : Researchers say antioxidants may not be that effective and could do more harm than good
Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard?
February 3, 2012
Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US
Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling
February 2, 2012
Jim Carney: Wrong number call may have saved her life
Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran
Tina Susman: For woodchuck rescuer, every day is Groundhog Day
February 1, 2012
Brian Bennett: US officials see increasing threat of domestic attack from Iran
Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures
January 31, 2012
January 30, 2012
Paul Richter and Ramin Mostaghim: Misreading Teheran's limits -- deadly and economically devastating as they may be -- is a risk administration, Europe seem willing to take
Suzanne Bohan: Warning: Nap-deprived tots missing more than sleep, study finds
Meg Handley: Banks Revamping Rewards Programs to Woo Customers
January 27, 2012
Caroline B. Glick: Obama: Of course I intend to prevent a nuclear holocaust . . . in a few months
Yochonon Donn: In liberal New York City, fervently-Orthodox Jews may soon be getting a district to call their own
Jeannine Stein: An inflated ego and thinking you're 'all that' doesn't just make others sick of you, it can make you ill
Katy Hopkins: New budget rules may affect how much money you get for college
January 26, 2012
Ed Koch: To the New York Times, calling for the murder of Jews by those capable of having their incitement taken seriously isn't news
Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report
January 25, 2012
Richard Simon: House passes two bills endorsing the use of religious symbols at military memorials
Fred Weir: Putin: Multiethnic Russia cannot survive as a US-style 'melting pot'; must find its own way
Susan Johnston: 5 Sneaky Coupon Strategies Consumers Should Watch Out For
January 24, 2012
Carol Clark: The price of your soul: How your brain decides whether to 'sell out'
Caroline B. Glick: America lost most in 'Arab Spring'. Sadly, many voters still don't grasp the extent
Warren Richey: Drug criminal scores win in GPS ruling from conservative-leaning high court
Erika Bolstad: Black conservatives gather to talk about gaining strength
January 23, 2012
Melissa Dribben: Jewish voters to play a key role in Florida's Republican primary
Jordan Rau: In quest to grow, Catholic hospital system will announce this morning its break from church
Ali Safi: U.S. envoy gives Taliban terms for peace talks
January 19, 2012
January 18, 2012
January 17, 2012
Frank J. Gaffney Jr.: No-kidding red lines: U.S. response to an Iranian nuke may be bluster, but Israel's won't be
David G. Savage: They sued their principals after slandering them online --- now the cases are headed to the Supreme Court
David Francis: Where to Invest in 2012: With stocks expected to rebound, opportunity abounds for investors
January 13, 2012
Ben Lynfield: Israeli lawmakers move to annex Jewish Judea, one museum at a time
Alexia Elejalde-Ruiz: Thriving through touch: Gentle massage helps older people with low mobility improve in mind and body
January 12, 2012
Warren Richey: Landmark Supreme Court ruling a 'resounding win' for religious groups
Warren Richey: Supreme Court says no to new rule on eyewitness testimony
John Fauber : Statins found to raise diabetes risk in postmenopausal women
Katy Hopkins : Consider This Before You Pay for an Online Degree
The Kosher Gourmet by Joseph Erdos: This mushroom and barley soup has an intense -- almost nutty -- flavor that mixes robust with Middle East. It has creaminess without cream
January 11, 2012
Shari Roan: Millions of atrial fibrillation sufferers at risk for devastating, but preventable, stroke
Tom Hussain: Pakistan -- recipient of more than $21 billion in civilian and military aid -- speeds pursuit of Iranian pipeline, defying US
David G. Savage: High court signals it won't be loosening TV's 'indecency' rules
Stephen Ceasar: Oklahoma's Islamic law amendment can't go into effect, court rules
January 10, 2012
Reza Kahlili: From an ex-CIA spy: US must exploit new split in Iran's Revolutionary Guard
Karen Kaplan: Study: Nicotine replacement products ineffective when used in real-life situations
January 9, 2012
Michael Doyle: Put through legal hell over dream home, couple fought back hard --- all the way to Supreme Court
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Jewish World Review
Paid volunteer employee?
By
Rabbi Dr. Asher Meir
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http://www.JewishWorldReview.com |
Q. In order to see if there is a good fit between my workplace and prospective workers, I offer to have them work a few days without pay. If the fit is good, I hire them. One worker who didn't stay on is demanding pay, which I never offered. Do I have to pay him?
A. Paying workers fully and promptly is a high priority in Jewish tradition. A number of Torah verses warn us about this. Here is a verse from the book of Leviticus (19:13, all translations from Living Torah):
Do not [unjustly] withhold that which is due your neighbor. Do not let a worker's wages remain with you overnight until morning.
Here is a passage from the book of Deuteronomy (24:14-15):
Do not withhold the wages due to your poor or destitute hired hand, whether he is one of your brethren or a proselyte living in a settlement in your land. You must give him his wage on the day it is due, and not let the sun set with him waiting for it. Since he is a poor man, and his life depends on it, do not let him call out to G0d, causing you to have a sin.
But of course these passages cannot tell us when in fact the worker is due his wages in the first place. In Jewish law, there are three distinct ways a worker's just recompense can be calculated.
The easiest case is where there is an explicit wage bargain. The employer and worker agree exactly on the demands of the job and the wage. This case is the most widespread case and the least likely to involve disputes or misunderstandings.
A closely related case is where there was no wage bargain but where there is a well-known and widespread custom. In this case, the mishna tells us, "Everything is according to the local custom". (1) The court will rule exactly as if there was an explicit contract stipulating the working conditions and pay that are customary.
In the above cases, payment is due because of the agreement or contract between the sides. In the first case the agreement is comprehensive; in the second case it is rather thin, consisting only of the agreement to hire and the agreement to work.
But there can also be an obligation to pay which doesn't stem from agreement at all. The benefit provided by the worker's actions can itself obligate payment.
One who enters his neighbor's field and plants without permission: Rav said, an assessment is made and he has the lower hand [between normal planter's wages and the increase in the assessed the value of the field]. Shmuel said, we assess how much a person would normally pay to plant such a field. Rav Pappa said: There is no disagreement. This [ruling – where the wages must in any case be paid] refers to a field which is designated for planting; this [ruling – where the worker has the lower hand] refers to a field which is not designated for planting. (2)
Even when there is no agreement at all, when there is a benefit provided the beneficiary is required to pay some reasonable approximation of the value of the benefit. (In the common law system, this corresponds roughly to the doctrine of "unjust enrichment".)
Even if you never offered to pay your workers, they would have a justified expectation of getting paid the going wage for the kind of work that they are doing. Given that the benefit provided is itself a source of obligation, even a simple disclaimer ("I'm not offering any payment") would probably not be enough. That would be enough to negate any wage agreement, but not to negate any benefit. Obviously any benefit can be waived, but a rather detailed waiver would be called for in this case.
Furthermore, in the light of the underlying law it would seem that the arrangement you describe is not fair. Your criterion for payment is totally subjective – whether you want to keep the person on; it is not directly dependent on whether the person does a good job or not.
This column is not a source of information on secular law, but to the best of my knowledge the secular law would require payment in such a situation.
SOURCES: Babylonian Talmud, Bava Metzia 83a (2) Babylonian Talmud, Bava Metzia 101a
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JWR contributor Rabbi Dr. Asher Meir, formerly of the Council of Economic Advisers in the Reagan
administration, is Research Director of the Business Ethics Center of Jerusalem, Jerusalem College of Technology.
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© 2009, The Jewish Ethicist is produced by the JCT Center for Business Ethics
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