United StatesTipped Employee Protection Act
What it does
This bill modifies the definition of a tipped employee under the Fair Labor Standards Act of 1938 (FLSA) to exclude consideration of an employee's duties when determining if the employee is a tipped employee.
More detail
Under current law, tipped employees may be paid less than the federal minimum wage (currently $7.25 an hour), but the total of their cash wage and tips must be at least equal to the federal minimum wage. Under the FLSA, a tipped employee is currently a worker who customarily and regularly receives more than $30 a month in tips.
The bill broadens the definition of tipped employee to include any worker who receives tips and other cash wages for a work period at a rate that is at least the federal minimum wage, without regard to the duties of the employee. Under the bill, the work period is a work period that is determined by the employer.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To President
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jan 13Considered under the provisions of rule H. Res. 988. (consideration: CR H685-691; text of amendment in the nature of a substitute: CR H685)Latest
- Vote recorded Legislative vote recorded. Result: Failed.House
- Jan 13Rule provides for consideration of H.R. 2988, H.R. 2262, H.R. 2270, H.R. 2312 and H.R. 4366. The resolution provides for consideration of H.R. 2988 under a structured rule, and H.R. 2262, H.R. 2270, H.R. 2312, and H.R. 4366 under a closed rule. The rule provides for one hour of general debate and one motion to recommit on each bill.
- Jan 13DEBATE - The House proceeded with one hour of debate on H.R. 2312.
- Jan 13The previous question was ordered pursuant to the rule.
- Jan 13Ms. Budzinski moved to recommit to the Committee on Education and Workforce. (text: CR H690-691)
- Jan 13The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
- Jan 13POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 2312, the Chair put the question on motion to recommit and by voice vote, announced the noes had prevailed. Ms. Budzinski demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
- Jan 13Considered as unfinished business. (consideration: CR H694)
- Jan 13On motion to recommit Failed by the Yeas and Nays: 209 - 215 (Roll no. 21).
- Jan 13POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced that further proceedings on H.R. 2312 is postponed.
- Jan 12Rules Committee Resolution H. Res. 988 Reported to House. Rule provides for consideration of H.R. 2988, H.R. 2262, H.R. 2270, H.R. 2312 and H.R. 4366. The resolution provides for consideration of H.R. 2988 under a structured rule, and H.R. 2262, H.R. 2270, H.R. 2312, and H.R. 4366 under a closed rule. The rule provides for one hour of general debate and one motion to recommit on each bill.
- Jan 13Considered under the provisions of rule H. Res. 988. (consideration: CR H685-691; text of amendment in the nature of a substitute: CR H685)Latest
- 2025
- Dec 30Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-420.
- Dec 30Placed on the Union Calendar, Calendar No. 366.
- Nov 20Committee Consideration and Mark-up Session Held
- Nov 20Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 15.
- Mar 24Introduced in House
- Mar 24Referred to the House Committee on Education and Workforce.Introduced