“What about the price range?” asked Mr. Silver. “Why did you say the lower end? Why not the average rate? That would seem fairer to both sides.”
“It might seem so,” replied Rabbi Dayan. “However, since there was no agreement, the worker is coming to claim his wages from the employer. It is not clear how much he deserves. As such, we apply here the rule of hamotzi meichaveiro alav hareaya – the burden of proof is on the plaintiff. Furthermore, since the employer is always looking for the cheapest price, the worker needs to stipulate if he wants more.” (See Mishpetei HaTorah B.M #59; Pischei Choshen, Sechirus 8:13; Shach 332:17)
“You mentioned, though, that the price is determined by similarly qualified professionals,” pointed out Mr. Fine. “What did you mean by that?”
“In some fields there is a significant difference between one who is licensed, has advanced degrees, years of experience, etc.,” said Rabbi Dayan. “In this case, we need to look at workers in a similar category.”