The United Synagogue of Conservative Judaism and the Rabbinical Assembly have released a policy statement today about its new “Hekhsher Tzedek” (“Justice Certification”) guidelines for kosher foods.  Hekhsher Tzedek goes above and beyond the traditional ritual slaughter and cleanliness provisions.

Of interest to employment lawyers—especially if you represent a company that seeks to get this certification—is their “Working Guidelines.”

Companies must offer fair wages and benefits to all employees.  Companies will be favored for the Hekhsher if they pay their workers the industry average or above; offer comprehensive health insurance and retirement benefits; and provide workers with paid time off for vacation, sick, and maternity leave.  Companies may be disqualified from receiving the Hekhsher if they perform poorly in the aforementioned areas or if they have been involved in serious or widespread controversies relating to employee compensation and benefits.  Compliance with these criteria will be assessed using the following indicators.  

▪ Worker Pay.  The focus of this indicator is on how well factory-level workers are paid compared to regional and industry averages. 

▪ Health Insurance. Companies will be favored for the Hekhsher if they offer affordable health insurance to all full-time employees and a meaningful percentage of employees take advantage of the program  

▪ Retirement Benefits.  Companies will be favored for the Hekhsher if they offer all full-time employees an adequately funded defined benefit pension plan or a 401(k) plan through which they match employee contributions. The level at which the company matches employee contributions will also be assessed. 

▪ Vacation. Companies will be favored for the Hekhsher if they offer paid vacation time to all full-time employees and a meaningful percentage of employees take advantage of the program. 

▪ Sick Leave. Companies will be favored for the Hekhsher if they offer paid sick leave to all full-time employees. 

▪ Maternity Leave.  Companies will be favored for the Hekhsher if they offer maternity leave that exceeds the 12 unpaid weeks mandated by the federal government.  

▪ Controversies.  This indicator considers the company’s record with regard to controversies associated with worker pay and benefits, e.g. non-compliance with minimum wage or overtime laws, Equal Employment Opportunity Commission (EEOC) wage discrimination lawsuits, or violations of the Family and Medical Leave Act

Now, next time you go to the store, see how many of the items you buy have some kind of kosher certification.  The organizations that do these certifications are almost all Orthodox.  Recent studies suggest that approximately 10% of Jews are Orthodox, and 2-3% of Americans are Jews.  Conservative Jews—approximately one third of American Jews—also adhere to kosher rules, but studies suggest that observance is much lower among Conservatives.

But this new certification may have cross-over appeal, not just to Jews of different stripes, but to anyone who’s looking for ethical purchasing decisions—something like “organic” or “fair trade” certifications.  

If you represent a client that depends on this certification, the stakes are even higher, aren’t they? Discuss amongst yourselves—I’m all farklempt.