H.R. 2312 · On the floor · Labor and Employment

Tipped Employee Protection Act

Sponsor: Steve Womack (R-AR)

What it does

• Broaden the definition of tipped employee to include any worker who receives tips, regardless of job duties.
• Allow employers to determine the work period over which tips and wages are averaged to meet the federal minimum wage floor.
• Remove the current $30-per-month threshold for qualifying as a tipped employee.

Official summary

Tipped Employee Protection Act 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. 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.

Latest action

Jan 13, 2026: POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced that further proceedings on H.R. 2312 is postponed.

Committee: House Education and Workforce