Food inspector’s wage and hour suit constitutionally not kosher

Have you ever noticed the OU symbol on hundreds of food labels in your supermarket, from ketchup to pasta to bread? That means the food was produced under the rabbinic supervision of the OU, the largest profit-making supervisor of kosher foods in America. You might think that one of its kashrut inspectors would have the legal right to sue the OU for unpaid wages or overtime—but no, he wouldn’t have a prayer.

He says this food is kosher!

From 2011 to 2018, Yaakov Markel, an Orthodox Jewish man, worked for the Union of Orthodox Jewish Congregations of America (OU) as a mashgiach. A mashgiach is an inspector appointed by a board of Orthodox rabbis to guard against any violation of the Jewish dietary laws—colloquially known as “keeping kosher.”

OU is organized as a not-for-profit corporation, whose mission is to serve the Orthodox Jewish community. It supports a network of synagogues, providing religious programming, advocacy, and youth programs. One of OU’s primary activities in service to its member synagogues is ensuring that kosher food is widely available. To that end, it runs the largest kosher certification program in the United States. That program provides most of OU’s revenues.