About HR2312

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.

Summary

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

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