HR 2312

Tipped Employee Protection Act

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. 

Bill status

Status
Reported
Sponsor
Rep. Steve Womack [R-AR-3]
Cosponsors
6
Policy area
Labor and Employment
Introduced
2025-03-24
Latest action
2026-01-13: POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced that further proceedings on H.R. 2312 is postponed.

Committee referrals

Recent actions

  • 2026-01-13: POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced that further proceedings on H.R. 2312 is postponed.
  • 2026-01-13: On motion to recommit Failed by the Yeas and Nays: 209 - 215 (Roll no. 21).
  • 2026-01-13: Considered as unfinished business. (consideration: CR H694)
  • 2026-01-13: POSTPONED 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.
  • 2026-01-13: The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.

Votes