Open Eye

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119th Congress · House

Tipped Employee Protection Act

Subjects: Labor standards · Wages and earnings · Labor and Employment

In plain language

  • House bill in the 119th Congress.
  • Modifies the definition of a tipped employee under the Fair Labor Standards Act of 1938 (FLSA) to exclude.
  • House procedural vote rejected on Jan 13, 2026 (procedural).
Official summary (Congressional Research Service)

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.

View this measure on congress.gov

Roll-call votes on this measure