Marco Lucido
- Indexed articles, last 90 days
- 5
- Latest publication
- Sep 24, 2026
- Outlet visibility, for montereyherald
- Top 1M sites
- Earliest in this view
- Jul 16, 2026
Latest articles
Marco Lucido, Workplace Law: Refresher on exemption thresholds (opens the original)
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Question: I’m going to hire a new employee soon. I want this person to be exempt from the normal overtime and meal and rest period rules. Can I make this person exempt by paying them a higher salary? Answer: Maybe. A high salary alone does not automatically make an employee “exempt” for purposes of overtime, minimum wage and meal and rest periods. In California, an employee needs to satisfy both a salary test and a duties test to be classified as an “exempt” employee. If an employee cannot satis
Marco Lucido, Workplace Law: Employment restraining orders (opens the original)
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Question: I run a small restaurant. Over the past month, one of my staff member’s ex boyfriends has shown up several times to yell at and threaten my staff member. Can I (and should I) do something about this? Answer: Yes, you can (and probably should) do something about this. In California, employers have a duty to maintain a workplace that is free of harassment. This duty extends to harassment of employees by third parties, such as an ex-boyfriend. Failure to take reasonable steps to prevent h
Marco Lucido, Workplace Law: New anti-hate speech training requirements (opens the original)
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Question: I am a business owner and heard there are new anti-hate speech training requirements. Is this true, and if so, when would this training take effect? Answer: Additional training for anti-hate speech might be required if a new proposed bill (AB 1803) becomes law. Existing law requires employers with five or more employees to provide at least two hours of classroom or other effective interactive training and education regarding sexual harassment to supervisors and one hour to nonsuperviso
Marco Lucido, Workplace Law: Handling that final paycheck (opens the original)
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Q: One of our employees recently passed away. How should a California employer handle the employee’s final pay, including any accrued vacation? A: The employer’s first step is to determine who has legal authority to receive the deceased employee’s final wages. California law does not allow an employer to simply hand the paycheck to the person who calls first, even when that person is a close family member. The death of an employee is a difficult event for coworkers and management alike. In addit
Marco Lucido, Workplace Law: Reminders for vacation policies (opens the original)
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Question: I started a new business and have many questions about vacation for employees. Is this required? Can I implement a “use it or lose it” policy? Can I control and limit the employees’ vacation and policy structure? Can I advance vacation hours to employees? Can employees share vacation? In California, employers are not required to provide paid or unpaid vacation benefits. However, if an employer chooses to voluntarily offer these benefits, the employer must follow strict rules on how a v
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