Civil Law

Changes to BCEA Earnings Threshold and to National Minimum Wage Act from 1 March 2023

The Minister of Labour has determined that from 1 March 2023, the earnings threshold under the Basic Conditions of Employment Act, 1997 increased from R224 080.48 per annum (approximately R18 673.37 per month) to R241 110.59 per annum (approximately R20 092.55 per month).

The national minimum wage increased from R23.19 per hour to R25.42 for each ordinary hour worked.

“Earnings” is defined in the BCEA as the regular annual remuneration before deductions i.e. income tax, pension, medical aid and similar … Read the rest

Supreme Court

Justices lean toward narrow reading of aggravated identity theft

Justices lean toward narrow reading of aggravated identity theft

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In many ways, Monday’s oral argument in Dubin v. United States felt like a legislation class in law school, with various canons of statutory construction being bandied about. Dubin concerns the reach of the federal aggravated identity theft statute and whether a person must steal another’s identity to commit the crime. At argument, the justices wrestled with whether David Dubin, when he overbilled Medicaid, “used” the “identification of another” “without lawful authority” “during and in relation” to an enumerated … Read the rest

Supreme Court

Literalism vs. lenity in a case on the scope of federal identity theft

Literalism vs. lenity in a case on the scope of federal identity theft

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The federal aggravated identity theft statute imposes a two-year sentence for any person who, “during and in relation to” certain enumerated felonies, “knowingly transfers, possesses, or uses without lawful authority, a means of identification of another person.” On Monday, the Supreme Court will consider the reach of this statute in Dubin v. United States.

As background, petitioner David Dubin was convicted of health care fraud — an enumerated felony. Dubin was the managing partner of a psychological services … Read the rest

Civil Law

2023 Guide to Enforce Algerian Judgments in China-CTD 101 Series

Can I sue Chinese companies in Algeria and then enforce an Algerian judgment in China?

This post was first published in CJO GLOBAL, which is committed to providing consulting services in China-related cross-border trade risk management and debt collection. We will explain how debt collection works in China below.

Most likely, you don’t want to travel so far away as to bring a lawsuit in China. You may just want to take your case to the court on your doorstep because you are more familiar with … Read the rest

Supreme Court

In the South Carolina countryside, a dispute over “citizen suits” under the Clean Water Act

In the South Carolina countryside, a dispute over “citizen suits” under the Clean Water Act

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

The Clean Water Act allows private actors to sue someone for polluting a water system. But the act prevents these so-called citizen suits if the government is already enforcing the law. This week, we highlight cert petitions that ask the court to consider, among other things, what level of state … Read the rest

Supreme Court

In lawsuit against tech companies, justices debate what it means to “aid and abet” terrorism

In lawsuit against tech companies, justices debate what it means to “aid and abet” terrorism

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The Supreme Court on Wednesday appeared wary of a lawsuit seeking to hold Twitter, Facebook, and Google liable for aiding and abetting international terrorism based on ISIS’s use of the companies’ platforms. But during nearly three hours of oral argument, the justices struggled to draw a line between holding organizations responsible for supporting terrorism and allowing organizations to go about legitimate business, even if they may come in contact with terrorists as part of that business.

The dispute, Twitter … Read the rest

Supreme Court

Justices will consider whether tech giants can be sued for allegedly aiding ISIS terrorism

Justices will consider whether tech giants can be sued for allegedly aiding ISIS terrorism

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In 2015, ISIS conducted a series of coordinated attacks around Paris that killed 130 people and wounded nearly 500 more. Two years later, 39 people were killed in an ISIS attack on an Istanbul nightclub during the early hours of New Year’s Day. This week, the Supreme Court will hear oral arguments in a pair of cases arising from the attacks. The justices’ decisions in Gonzalez v. Google and Twitter v. Taamneh could reshape legal liability for some of … Read the rest