Shabbat Shalom, Happy Labor Day, and Shannah Tovah

Nitzavim/ Va Yelech
Deuteronomy 29:9 -31:30

Précis: In this week’s double parish, we read the exhortations of Moses to the People to honor the Covenant. Moses transfers the mantle of leadership to Joshua, and orders regular reading of the Law.

Because of the vagaries of the calendar, we conclude the annual Shabbat cycle of Torah reading this week with the two parshiot mentioned above. Special Shabbat readings will follow in the next weeks: Shabbat Shuvah, Yom Kippur, Chol Moed Sukkot, and then we will read the final words of Deuteronomy in Haazinu on Simchat Torah.

This week also coincides with the secular celebration of Labor Day, about which I’d like to say a few words. The connection between the Torah reading and Labor Day is not entirely imaginary – after all, the Torah in general (and the Book of Deuteronomy in particular) stresses the need to treat employees fairly and equitably.

The most noteworthy “employee dispute” in our Torah is found in parasha Vayetze (Genesis 28:10-33:3), when Jacob bitterly rebukes his uncle/employer Laban for mistreating him and unilaterally and unfairly changing the elements of his employment “contract.” Jacob is cheated, his wages are improperly withheld, and ultimately he is forced into working an extra seven years.

After his service to pay the dowries of his wives, he remains penniless, and agrees to work an additional period of time for a portion of the flocks. Rashi tells us that Laban cheated him again by removing all of the healthy animals from the herd, leaving only old and sick animals in his care. Ultimately, Jacob accuses Laban of deception; Laban denies any personal responsibility.

The text is the source for the Jewish ethical mandate to treat employees fairly and honorably, and is the basis for many subsequent rabbinic rulings. The rabbis recognize the importance of a contract between an employer and an employee, but insist on “reading into” any employment agreement the standards which the civil society imposes. The "right to contract" is not absolute, but must give way to fairness, honesty, mutual respect, and community standards.

In 21st century America, it is hard to believe that less than 100 years ago, labor unions were largely illegal, child labor laws and minimum wage laws were prohibited, and that health and safety regulations were non-existent. All of these societal “norms” we now take for granted were at that time viewed as an “infringement” on the “right to contract,” regardless of the fact that the employer had the only power in that relationship. Our country was filled with Laban-like employers, and the toiling Jacobs had nowhere to turn. But the Labor Movement (which had among its leadership not just a few Jews) began to organize successfully and to demand equality for labor through collective bargaining. Labor also sought and obtained, together with the Progressive Movement and through the ballot box, governmental action to put into law the safeguards which previously had not existed.

In today’s political climate, we observe among “Tea Party” activists some who would like to “restore” the 19th century concept of “freedom to contract” by outlawing minimum wages, child labor laws, health and safety regulations, and the right to join a labor union. At his recent rally, Glenn Beck claimed that the Progressive Movement (led by Teddy Roosevelt and Robert LaFollette) was the “beginning” of the “erosion of our rights.” Some of Beck's fellow-travelers argue that fundamental social justice programs which Progressives and Labor have successfully promoted - social security, Medicaid, unemployment compensation – are all infringements on our “rights.”

I would argue that the Jewish tradition stands in strong opposition to such a point of view. We believe that care for the least among us – for the orphan, the widow, and the stranger – is the hallmark of mitzvah. In the days approaching Labor Day and Rosh Hashanah, we might well consider not only our own actions, but also the kind of society we want to leave to our children and grandchildren. Will it be one of selfish individualism, or one of compassionate care for the weakest among us?