
Tipped Employee Protection Act
Policy Area: Labor and Employment
Sponsor: Rep. Womack, Steve [R-AR-3] (R-AR)
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.
Tipped Employee Protection ActThis 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.
Subjects: Labor standards, Wages and earnings
Filter by Yea, Nay, or Absent
How members voted on HR2312. 431 total positions across all roll calls for this bill.
| Member | Date | Question | Vote | Result |
|---|---|---|---|---|
| Robert B. Aderholt (R-Alabama) | 2026-01-13 | Yea-and-Nay | Nay | Failed |
| Jake Auchincloss (D-Massachusetts) | 2026-01-13 | Yea-and-Nay | Yea | Failed |
| Mark E. Amodei (R-Nevada) | 2026-01-13 | Yea-and-Nay | Nay | Failed |
| Alma S. Adams (D-North Carolina) | 2026-01-13 | Yea-and-Nay | Yea | Failed |
| Pete Aguilar (D-California) | 2026-01-13 | Yea-and-Nay | Yea | Failed |
| Rick W. Allen (R-Georgia) | 2026-01-13 | Yea-and-Nay | Nay | Failed |
| Jodey C. Arrington (R-Texas) | 2026-01-13 | Yea-and-Nay | Nay | Failed |
| Mark Alford (R-Missouri) | 2026-01-13 | Yea-and-Nay | Nay | Failed |
| Gabe Amo (D-Rhode Island) | 2026-01-13 | Yea-and-Nay | Yea | Failed |
| Yassamin Ansari (D-Arizona) | 2026-01-13 | Yea-and-Nay | Yea | Failed |
| Sanford D. Bishop (D-Georgia) | 2026-01-13 | Yea-and-Nay | Yea | Failed |
| Cliff Bentz (R-Oregon) | 2026-01-13 | Yea-and-Nay | Nay | Failed |
| Stephanie I. Bice (R-Oklahoma) | 2026-01-13 | Yea-and-Nay | Nay | Failed |
| Lauren Boebert (R-Colorado) | 2026-01-13 | Yea-and-Nay | Nay | Failed |
| Gus M. Bilirakis (R-Florida) | 2026-01-13 | Yea-and-Nay | Nay | Failed |
| Vern Buchanan (R-Florida) | 2026-01-13 | Yea-and-Nay | Nay | Failed |
| Suzanne Bonamici (D-Oregon) | 2026-01-13 | Yea-and-Nay | Yea | Failed |
| Joyce Beatty (D-Ohio) | 2026-01-13 | Yea-and-Nay | Yea | Failed |
| Andy Barr (R-Kentucky) | 2026-01-13 | Yea-and-Nay | Nay | Failed |
| Julia Brownley (D-California) | 2026-01-13 | Yea-and-Nay | Yea | Failed |
| Ami Bera (D-California) | 2026-01-13 | Yea-and-Nay | Yea | Failed |
| Brian Babin (R-Texas) | 2026-01-13 | Yea-and-Nay | Nay | Failed |
| Donald S. Beyer (D-Virginia) | 2026-01-13 | Yea-and-Nay | Yea | Failed |
| Mike Bost (R-Illinois) | 2026-01-13 | Yea-and-Nay | Nay | Failed |
| Brendan F. Boyle (D-Pennsylvania) | 2026-01-13 | Yea-and-Nay | Yea | Failed |
| Don Bacon (R-Nebraska) | 2026-01-13 | Yea-and-Nay | Nay | Failed |
| Nanette Diaz Barragán (D-California) | 2026-01-13 | Yea-and-Nay | Yea | Failed |
| Jack Bergman (R-Michigan) | 2026-01-13 | Yea-and-Nay | Nay | Failed |
| Andy Biggs (R-Arizona) | 2026-01-13 | Yea-and-Nay | Nay | Failed |
| Troy Balderson (R-Ohio) | 2026-01-13 | Yea-and-Nay | Nay | Failed |
| James R. Baird (R-Indiana) | 2026-01-13 | Yea-and-Nay | Nay | Failed |
| Tim Burchett (R-Tennessee) | 2026-01-13 | Yea-and-Nay | Nay | Failed |
| Shontel M. Brown (D-Ohio) | 2026-01-13 | Yea-and-Nay | Yea | Failed |
| Aaron Bean (R-Florida) | 2026-01-13 | Yea-and-Nay | Nay | Failed |
| Nikki Budzinski (D-Illinois) | 2026-01-13 | Yea-and-Nay | Yea | Failed |
| Eric Burlison (R-Missouri) | 2026-01-13 | Yea-and-Nay | Nay | Failed |
| Josh Brecheen (R-Oklahoma) | 2026-01-13 | Yea-and-Nay | Nay | Failed |
| Becca Balint (D-Vermont) | 2026-01-13 | Yea-and-Nay | Yea | Failed |
| Tom Barrett (R-Michigan) | 2026-01-13 | Yea-and-Nay | Nay | Failed |
| Michael Baumgartner (R-Washington) | 2026-01-13 | Yea-and-Nay | Nay | Failed |
| Nicholas J. Begich (R-Alaska) | 2026-01-13 | Yea-and-Nay | Nay | Failed |
| Wesley Bell (D-Missouri) | 2026-01-13 | Yea-and-Nay | Yea | Failed |
| Sheri Biggs (R-South Carolina) | 2026-01-13 | Yea-and-Nay | Nay | Failed |
| Janelle S. Bynum (D-Oregon) | 2026-01-13 | Yea-and-Nay | Yea | Failed |
| Robert P. Bresnahan (R-Pennsylvania) | 2026-01-13 | Yea-and-Nay | Nay | Failed |
| Ken Calvert (R-California) | 2026-01-13 | Yea-and-Nay | Nay | Failed |
| James E. Clyburn (D-South Carolina) | 2026-01-13 | Yea-and-Nay | Yea | Failed |
| Kat Cammack (R-Florida) | 2026-01-13 | Yea-and-Nay | Nay | Failed |
| John R. Carter (R-Texas) | 2026-01-13 | Yea-and-Nay | Nay | Failed |
| Tom Cole (R-Oklahoma) | 2026-01-13 | Yea-and-Nay | Nay | Failed |
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HR2312 is the Tipped Employee Protection Act, introduced in the House of the 119th U.S. Congress by Rep. Womack, Steve [R-AR-3] (R-AR). Tipped Employee Protection ActThis 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.
HR2312 was sponsored by Rep. Womack, Steve [R-AR-3] (R-AR). Cosponsors and roll-call positions are listed on this page.
As of 2026-01-13, HR2312 POSTPONED PROCEEDINGS – Pursuant to clause 1(c) of rule XIX, the Chair announced that further proceedings on H.R. 2312 is postponed..
HR2312 has had 1 roll-call vote on record. The most recent: 2026-01-13 — Yea-and-Nay (Failed).
HR2312 is categorized under "Labor and Employment." Browse other bills in this area at /topic-labor-and-employment/.
Each member’s vote is shown on this page, with party affiliation, state, and the official vote question. Click any member to see their full voting record.