Labor Rights

If an employer hires workers and they mislead the employer, or he misleads them, they have no claim against each other except for taromet [a non-monetary remedy, similar to nominal damages]. In what circumstances? If the work has not yet begun. But if donkey drivers go [to the appointed place] and find no produce, or workers find the field wet [which makes it impossible to harvest a field], or a worker hired to water a field finds it already flooded — if the employer had already visited [the work site] the previous evening and decided the workers were required — the workers have no remedy, since what could the employer have done? But if the employer did not visit, he must pay them “idle wage” (since a person who comes loaded is not the same as a person who comes empty and wastes time). In what circumstances? When the workers have not yet begun to work. But if the worker begins to work and then changes his mind, he may do so, even if he has only worked half the day, as it says: “For it is to me [God] that the Israelites are slaves,” (Leviticus 25:42) – they are slaves to Me, not slaves to other slaves. [Ziegler translation]

Though it is the case that according to the law the owner is not liable for the damages of the worker…I am inclined to say that the owner is warned by the Torah to do all that is possible to insure his workers from the danger of death or disability, as it says: “You shall make a parapet for your roof and you shall not bring blood-guilt upon your house” (Deuteronomy 22:8), which includes any hazard which is likely to cause injury, like a mad dog or a rickety ladder [Baba Kamma 15b, Choshen Mishpat 427:5]. From this we learn the obligation of the owner or contractor to address the working conditions with strict care, so that they are secure from all hazards which might precipitate an accident…for if he is guilty of the sin “you shall not bring blood-guilt upon your house” and needs atonement. But this is not adjudicable before judges. [Ziegler translation]

When you make a loan of any sort to your countryman, you must not enter the person's house to seize the pledge. You must remain outside, while the person to whom you made the loan brings the pledge out to you. If the person is needy, you shall not go to sleep in the pledge; you must return the pledge to the person at sundown, that s/he may sleep in his/her cloth and bless you; and it will be to your merit before Adonai your God. You shall not abuse a needy and destitute laborer, whether a fellow countryman or a stranger in one of the communities of your land. You must pay the persons wages on the same day, before the sun sets, for s/he is needy and urgently depends on it; else s/he will cry to Adonai against you and you will incur guilt. [JPS translation edited for gender-neutrality]

As it has been taught: If someone hired artisans and they misled the employer, or the employer misled them, they have nothing but resentment against each other. In what case are these things said? When they [the workers] did not go [to work]. But if ass drivers went and did not find produce, or if workers went and found the field while it was waterlogged, the employer gives them their wages in full. [Translation by Uri L’Tzedek. Edited for gender neutrality]