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.

Summary from the Congressional Research Service. How we handle summaries

Where it stands

Out of committee and scheduled for a vote by the full chamber.

House Committee on Education and Workforce · U.S. House of Representatives

Your position on this bill

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Cosponsors

Recorded votes

• Vote: On Motion to Recommit

  U.S. HouseJan 13, 2026Result: Failed

  Voted yes (209)Voted no (215)Voted present (0)Absent (7)

  See member positions

Related bills

• H.Res. 988Providing for consideration of the bill (H.R. 2988) to amend the Employee Retirement Income Security Act of 1974 to specify requirements concerning the consideration of pecuniary and non-pecuniary factors, and for other purposes; providing for consideration of the bill (H.R. 2262) to amend the Fair Labor Standards Act of 1938 to exclude certain activities from hours worked, and for other purposes; providing for consideration of the bill (H.R. 2270) to amend the Fair Labor Standards Act of 1938 to exclude child and dependent care services and payments from the rate used to compute overtime compensation; providing for consideration of the bill (H.R. 2312) to amend the Fair Labor Standards Act of 1938 to revise the definition of the term ''tipped employee'', and for other purposes; and providing for consideration of the bill (H.R. 4366) to clarify the treatment of 2 or more employers as joint employers under the National Labor Relations Act and the Fair Labor Standards Act of 1938.Related bill, procedurally related

As identified by Congress.gov.

Full history

1. Jan 13, 2026

   Debate - the House Proceeded With One Hour of Debate on H.R. 2312.

   DEBATE - The House proceeded with one hour of debate on H.R. 2312.

   U.S. House of Representatives

2. Jan 13, 2026

   Introduced

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

   U.S. House

3. 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.

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

4. 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.

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

5. 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.

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

Read the record

• Read on Congress.gov (opens in a new tab) The official record on Congress.gov.