St. Benedict and Labor and Employment Law

Today, Catholics celebrate and honor the life of St. Benedict.  St. Benedict is the father of Western Monasticism and is honored by the Church as the patron saint of Europe and students.  Benedict left his distinguished family in Central Italy to "take up his yoke" and lead the life of a devout Christian.  Benedict became a hermit, living three years in  a cave where he was visited only occasionally by a monk.  Eventually, Benedict became known for his faith and wisdom and others began to visit him.

When the abbot of a nearby monastery died, the monks implored him to step in as abbot.  Benedict at first refused because he did not think that the ways of the monks could be reconciled with his way, but eventually he gave in and accepted the "job."  Benedict's intuition proved true as the monks eventually tired of him and tried to poison him.  The monks poisoned his wine; however, Benedict said a prayer before his meal and the cup shattered before he drank.  The monks then poisoned his bread.  Benedict blessed his meal, and a raven swooped in, taking the bread before he could eat it.  Benedict wisely returned to his cave.

Benedict's reputation grew and men came to him for guidance.  Eventually he founded twelve monasteries. Benedict's most enduring gift was "The Rule of Benedict."  The Rule provided structure to both macro and micro aspects of monastic life.  The Rule was adopted by virtually every monastery in Europe and was deeply influential on the monks who lived under it, as well those they influenced.  According to Wikipedia:

Charlemagne had Benedict's rule copied and distributed to encourage monks throughout western Europe to follow it as a standard. Beyond its religious influences, the Rule of St Benedict was one of the most important written works to shape medieval Europe, embodying the ideas of a written constitution and the rule of law. It also incorporated a degree of democracy in a non-democratic society, and dignified manual labor.

So what influence did the Rule have on labor and employment?  The Rule is closely associated with the phrase ora et labora, "pray and work."  Work is a big part of life at Benedictine abbies which have historically been autonomous.  Here are some parts of the Rule which might have had some influence on modern notions of labor and employment law and management practices:


Chapter II. What Kind of Man an Abbot Ought to Be
Nondiscrimination:

...Let [an abbot] make no distinction of persons in the monastery. Let him not love one more than another, unless it be one whom he findeth more exemplary in good works and obedience. Let not a free-born be preferred to a freedman, unless there be some other reasonable cause. ...Therefore, let him have equal charity for all, and impose a uniform discipline for all according to merit.

Chapter III. Of Calling the Brethren for Counsel
Transparency, Openness to bottom-up input

Whenever weighty matters are to be transacted in the monastery, let the Abbot call together the whole community, and make known the matter which is to be considered. Having heard the brethren's views, let him weigh the matter with himself and do what he thinketh best. It is for this reason, however, we said that all should be called for counsel, because the Lord often revealeth to the younger what is best. Let the brethren, however, give their advice with humble submission, and let them not presume stubbornly to defend what seemeth right to them, for it must depend rather on the Abbot's will, so that all obey him in what he considereth best... If, however, matters of less importance, having to do with the welfare of the monastery, are to be treated of, let him use the counsel of the Seniors only, as it is written: "Do all things with counsel, and thou shalt not repent when thou hast done" (Sir 32:24).

Chapter XXI: Of the Deans of the Monastery
Merit Promotions, Grounds for Demotion

...Let them not be chosen for their rank, but for the merit of their life and their wisdom and knowledge; and if any of them, puffed up with pride, should be found blameworthy and, after having been corrected once and again and even a third time, refuseth to amend, let him be deposed, and one who is worthy be placed in his stead.

Chapters XXIII-XXIV.
These chapters basically lay out a progressive discipline system up to and including expulsion from the monastery. 1. private admonition, 2. public reproof, 3. separation from the brothers at meals and elsewhere; and finally expulsion.

Chapter XXIX Whether Brethren Who Leave the Monastery Ought to be Received Again
Rehire Policy

If a brother, who through his own fault leaveth the monastery or is expelled, desireth to return, let him first promise full amendment of the fault for which he left; and thus let him be received in the last place, that by this means his humility may be tried. If he should leave again, let him be received even a third time, knowing that after this every means of return will be denied him.

Chapter XLVII Of the Daily Work
 Work hours and breaks

Idleness is the enemy of the soul; and therefore the brethren ought to be employed in manual
labor at certain times, at others, in devout reading. Hence, we believe that the time for each will be properly ordered by the following arrangement; namely, that from Easter till the calends of October, they go out in the morning from the first till about the fourth hour, to do the necessary work, but that from the fourth till about the sixth hour they devote to reading. After the sixth hour, however, when they have risen from table, let them rest in their beds in complete silence; or if, perhaps, anyone desireth to read for himself, let him so read that he doth not disturb others. Let None be said somewhat earlier, about the middle of the eighth hour; and then let them work again at what is necessary until Vespers. If, however, the needs of the place, or poverty should require that they do the work of gathering the harvest themselves, let them not be downcast, for then are they monks in truth, if they live by the work of their hands, as did also our forefathers and the Apostles. However, on account of the faint-hearted let all things be done with moderation. From the calends of October till the beginning of Lent, let them apply themselves to reading until the second hour complete. At the second hour let Tierce be said, and then let all be employed in the work which hath been assigned to them till the ninth hour. When, however, the first signal for the hour of None hath been given, let each one leave off from work and be ready when the second signal shall strike. But after their repast let them devote themselves to reading or the psalms. During the Lenten season let them be employed in reading from morning until the third hour, and till the tenth hour let them do the work which is imposed on them.

 Chapter LVIII Of the Manner of Admitting Brethren
Hiring and Probationary Period, Mentoring

Let easy admission not be given to one who newly cometh to change his life; but, as the Apostle saith, "Try the spirits, whether they be of God" (1 Jn 4:1). If, therefore, the newcomer keepeth on knocking, and after four or five days it is seen that he patiently beareth the harsh treatment offered him and the difficulty of admission, and that he persevereth in his request, let admission be granted him, and let him live for a few days in the apartment of the guests. But afterward let him live in the apartment of novices, and there let him meditate, eat, and sleep. Let a senior also be appointed for him, who is qualified to win souls, who will observe him with great care and see whether he really seeketh God, whether he is eager for the Work of God, obedience and humiliations. Let him be shown all the hard and rugged things through which we pass on to God.
If he promiseth to remain steadfast, let this Rule be read to him in order after the lapse of two months, and let it be said to him: Behold the law under which thou desirest to combat. If thou canst keep it, enter; if, however, thou canst not, depart freely. If he still persevereth, then let him be taken back to the aforesaid apartment of the novices, and let him be tried again in all patience. And after the lapse of six months let the Rule be read over to him, that he may know for what purpose he entereth. And if he still remaineth firm, let the same Rule be read to him again after four months. And if, after having weighed the matter with himself he promiseth to keep everything, and to do everything that is commanded him, then let him be received into the community, knowing that he is now placed under the law of the Rule, and that from that day forward it is no longer permitted to him to wrest his neck from under the yoke of the Rule, which after so long a deliberation he was at liberty either to refuse or to accept. Let him who is received promise in the oratory, in the presence of all, before God and His saints, stability, the conversion of morals, and obedience, in order that, if he should ever do otherwise, he may know that he will be condemned by God "Whom he mocketh." Let him make a written statement of his promise in the name of the saints whose relics are there, and of the Abbot there present. Let him write this document with his own hand; or at least, if he doth not know how to write, let another write it at his request, and let the novice make his mark, and with his own hand place it on the altar. When he hath placed it there, let the novice next begin the verse: "Uphold me, O Lord, according to Thy word and I shall live; and let me not be confounded in my expectations" (Ps 118[119]:116).
Then let all the brotherhood repeat this verse three times, adding the Gloria Patri.
Then let that novice brother cast himself down at the feet of all, that they may pray for him; and from that day let him be counted in the brotherhood. If he hath any property, let him first  dispose of it to the poor or bestow it on the monastery by a formal donation, reserving nothing for himself as indeed he should know that from that day onward he will no longer have power even over his own body. Let him, therefore, be divested at once in the oratory of the garments with which he is clothed, and be vested in the garb of the monastery. But let the clothes of which he was divested by laid by in the wardrobe to be preserved, that, if on the devil's suasion he should ever consent to leave the monastery (which God forbid) he be then stripped of his monastic habit and cast out. But let him not receive the document of his profession which the Abbot took from the altar, but let it be preserved in the monastery.

Chapter LXIII Of the Order in the Monastery
 Seniority

Excepting those, therefore, whom, as we have said, the Abbot from higher motives hath advanced, or, for certain reasons, hath lowered, let all the rest take their place as they are converted: thus, for instance, let him who came into the monastery at the second hour of the day, know that he is younger than he who came at the first hour, whatever his age or dignity may be.

Chapter LXIV Election of the Abbot
Workplace Democracy

In the election of an Abbot let this always be observed as a rule, that he be placed in the position whom the whole community with one consent, in the fear of God, or even a small part, with sounder judgment, shall elect.

The Ethics of Sleep

Employee A was up most of the night surfing the internet.
Employee B got eight hours of sleep.
Which employee is more likely to shut the door to his office and sleep while he's supposed to be working and why?

NMA's take on Proposed Child Labor Law Relaxation

In the category of animations in labor and employment law, here is an animation by NMA, a Taiwanese animation studio. The folks at NMA give their take on a proposed Missouri child labor law:
You have to click out of those pesky ads to read the subtitles.


I am not endorsing of the views depicted in this video; I am posting about it because it is an example of animation technology influencing labor and employment law.

Buonadonna Shoprite, 356 NLRB No. 115 (2011)

This case addressed the boundaries of an employer's Weingarten obligation.  An employee wanted to be represented by a different rep than the one who was available.  A manager wanted the employee to give a statement without his preferred rep.  The Board concluded that the employee was not entitled to the rep of his choice.  (The decision left unresolved the question of whether the employer's refusal to allow the employee to call the preferred steward during the meeting was unlawful.)

You can see Seth Borden's thoughts on the case here.

DOL's Timesheet App

The DOL put out a news release yesterday about its new timesheet app for smartphones.  I just installed the app on my phone and  so far it does seem easy to use.  I can see how it would be helpful for hourly employees, especially in industries like construction where the work is often away from a facility.

I wonder if future versions of the app could help with some of the emerging smartphone/email wage and hour issues.  For instance, you could tell your phone what numbers were work-related.  That way, when you receive a call from Boss in your free time, the app could add the minutes of the call to your timesheet.  Similarly, every time you log into your work email, or read a work text, the app could add that time (or some estimate) into your timesheet.

More on Blessed Pope John Paul II

Blessed Pope John Paul wrote 14 encyclicals.  He discussed workers and the social doctrine in three of them.

Laborem Exercens (1981)

Sollicitudo Rei Socialis (1987)


Centesimus Annus (May 1, 1997)

Beatification of Pope John Paul II, Feast Day of St. Joseph the Worker and May Day

Today the hearts of Catholics are filled with joy because Pope John Paul II was beatified earlier in Rome.  Of interest to readers of this blog, among the many things Pope John Paul II did was to write extensively about workers and the social doctrine.

Additionally, today is also  the Feast Day of St. Joseph the Worker when we celebrate Jesus' father's role as a carpenter/worker.  A comment from Catholic.org:

“The Lord God then took the man and settled him in the garden of Eden, to cultivate and care for it” (Genesis 2:15). The Father created all and asked humanity to continue the work of creation. We find our dignity in our work, in raising a family, in participating in the life of the Father’s creation. Joseph the Worker was able to help participate in the deepest mystery of creation. Pius XII emphasized this when he said, “The spirit flows to you and to all men from the heart of the God-man, Savior of the world, but certainly, no worker was ever more completely and profoundly penetrated by it than the foster father of Jesus, who lived with Him in closest intimacy and community of family life and work. Thus, if you wish to be close to Christ, we again today repeat, ‘Go to Joseph’” (see Genesis 41:44).

Today is also May Day.

Worlds Colliding

George is changing clothes after a swim in cold water when he is walked in on...

  

One theme that ran through the Symposium on Technology in Labor and Employment Law was the way that technology is blurring the line between our personal and our professional lives and the ease with which anybody can access everything about us.  I am a big fan of Seinfeld and in thinking about this theme I couldn’t help but recall an episode where George Castanza was caused much trouble by his "worlds colliding".  George liked his life with his friends to be separate from his life with his girlfriend.  When his girlfriend became friends with his friends, his "worlds collided" and everything broke down; we risked losing Independent George.  This situation strikes me as a very pre-Information Age predicament.  With the advent of Facebook, LinkedIn and Google, can anyone truly keep their worlds separate?  Could George, for instance, have pretended to be an architect or a marine biologist?  Could Jerry have pretended to be married to get his girlfriend a discount on dry cleaning?  Social media and simple Google searches would probably have foiled these plans.

The problem of course is that like George, many of us want to keep our worlds from colliding.  We have multiple "worlds" including at least a work world and a personal world, and we like the different facets of our lives to have some boundaries of separation.  For instance, people feel that their work world is where they make money, and that it shouldn't be affected by how they spend, borrow, or repay their money; thus there is rising resistance to the use of credit history in pre-employment screening. Many people would not want their "friend world" meeting their "financial world", let alone their "work world" meeting their "financial world."  The idea that an employer should get a peek at your credit before or during your employment is one that offends our sense of privacy and separation of worlds.  Thus several state legislatures have passed and others are debating the passage of laws that curb the practice and the EEOC lodged a disparate impact suit against Kaplan for its use of credit history.

But credit history is just one piece of information in a multitude of data that is available to members of our various worlds.  The Information Age is upon us and our personal information is out there for the looking.  Many hiring managers check out the Facebook life of candidates.  George Castanza would probably not have gotten away with his pretence of requiring a cane to walk, if say management had seen pictures of him pushing his way out of a burning building.  Your friends may be checking how much money you make at your company's website, salary.com, or sites like app.com (federal employees).  Furthermore, your boss, coworkers, or friends can take a look at your house and see how much it's worth at sites like http://www.spokeo.com/.  Your work performance may even be rated by your coworkers at cubeduel (I hope none of my coworkers have joined cubeduel, but I refuse to log in to find out).  Keeping your information compartmentalized is likely going to be harder and harder.

How can people keep their personal and professional worlds from colliding?  As I see it, they can take measures try to limit what’s out there and available on the web, they can push for laws that restrict employers from accessing information on the web, or they can push for prohibitions on employers using certain information against them.  As to keeping things off the web, an individual can take actions toward limiting what’s out there, but my reading of the writing on the wall is that more and more will be available.  A person can limit what they say on a site like Facebook, but at some point their lack of Facebook presence may become glaring: what’s this guy trying to hide?  Moreover, you can’t keep other people from talking about you on Facebook or Cubeduel, etc.  You can, as David Thompson instructs, stop filling out mall surveys and signing up for bonus cards.  But with increased publishing of everything on the web, clever data miners and unsympathetic hackers leaking any detail in their path, like it or not you can’t keep off the grid. Even anonymous commenting on websites and blogs is being pushed out.  As to limiting employers from accessing information, there seems to be a constitutional issue with that as the right to free speech includes both speaking and listening.  Finally, limiting what employers can use against against potential and current employees comes with it the difficult (but not impossible) problem of proving that the employer has used the prohibited information against them.  As you can see, I’m not an optimist on privacy protection.

I’m not calling for an end to privacy; I am as scared about the loss of privacy as the next guy. (Besides I don’t advocate for political causes on this blog). But, I’ll offer this question anyway:  If we are going to be stuck with a loss of privacy, is this truly something new and are there any upsides?

I like to visit those historical recreations of ancient dwellings.  The last one I visited was in Moundville, Alabama.  The dwelling where the entire family lived was one room and not very big.  I remember thinking to myself, “these people had no privacy.” I shared a room with one of my brothers growing up, but compared to the people who lived there I had an incredible amount of privacy as a child.  I think most people throughout history have lived in similar close quarters.  What’s more, they lived in small intertwined communities where there were no strangers and the actions of each were the knowledge of all.  Changes in modern life have given us an unprecedented amount of privacy.  In villages of the days gone by, there was little room for secrecy.  If I did not repay a loan to a neighbor, I might expect it to be harder to get a loan from a different neighbor because likely word would have spread.  This effect kept people honest.  Anonymity has the opposite effect.  There has been an outcry that accountability is being lost in our society.  How much of that is do to our privacy/anonymity? If our reputations mattered more, would we behave differently?

On the other hand the new lack of privacy is something completely different than the old.  Where in the past, hundreds or so in your village might have known all about you, now hundreds of millions can know about you.  And of course in the past things weren’t written down for all to see forever.  If you made a passionate argument one night with a group of friends as a teenager, it is unlikely that your words would come back to haunt you when you were a town elder trying to obtain a leadership position.  But if a teenager today makes some argument on Facebook, they may have to answer for what they said twenty years later.  In a way we have outsourced some of our thinking to Google: certainly knowing that information is out there lets us keep from memorizing facts, and knowing that other people may have thought about things lets us search the web for their insights.  So when our searches are tracked by Google, in a way, our thoughts are tracked.  Surely, in past societies, people could keep their thoughts private.  And what is more central to Independent George than his ability to think about what he wants without fear of repercussion?

George was worked up because his Boyfriend George and Independent George lives were colliding, but I imagine that for most people, the place where the rubber meets the road with the loss of privacy (like in many areas) is where the lack of privacy starts to affect a person’s income.  Therefore, I think we can expect employment law to be at the forefront of the privacy debate.  I am going to read Thompson’s book Wild West 2.0, if anyone has other suggestions on good books or articles on this topic, I would appreciate it if you send me an email or leave a suggestion in the comments (anonymous comments are allowed here).