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Pitfall #2: Improper Tip Pooling Under the FLSA, employers may require employees to share or “pool” tips with other eligible employees.

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Starting Sept. 2, employees at the retail chain’s downtown Minneapolis headquarters will have the opportunity to pick what days during the week suit them best, based off their schedule.

A 2024 survey of employees from Fortune 500 companies by InStride and Bain & Co. found that only 25% of interested employees with access to an employer-sponsored education benefit ever start an application — and just 2% of them actually enroll.

In general, ERISA covers employee welfare and pension benefit plans, defined in 29 CFR § 2510.3-1(2) as: “(i) medical, surgical, or hospital care or benefits, or benefits in the event of sickness, accident, disability, death or unemployment, or vacation benefits, apprenticeship or other training programs, or daycare centers, scholarship funds or prepaid legal services, or (ii) any benefit described in Section 302(c) of the Labor Management Relations Act, 1947 (other than pensions on retirement or death, and insurance to provide such pensions).”

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“For all of them, the advice is, make sure you have a No. 2 who knows HR really, really well, and run everything by them,” he said.

If the O-1 candidate has an assistant or crew member they cannot work without, an O-2 visa for that individual can be filed simultaneously.

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Despite many surveys of employer intent still reporting that the “average” employer is budgeting 2% to 3% for pay adjustments (down from slightly over 3% a year ago), a significant percentage of employers cannot fund any increases because of the precipitous decline in their revenues.