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
- proceduralJan 13, 2026 · House · Failed
On Motion to Recommit — H R 2312 — Tipped Employee Protection Act