Bill

H.R. 2312 (119th): Tipped Employee Protection Act

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.

house · Procedural

Rankings updated October 26, 2026, 11:44 AM ET · Votes through September 30, 2026
Exported candidates: 719 | Filings on file, by office: H: 5838 | P: 1467 | S: 1567. These counts include every filing for that office, so they are larger than the ranked list. One person can have more than one filing. Non-voting delegates are left out.

Recorded summary

The bill, titled 'Tipped Employee Protection Act' in its summary although the metadata title is 'On Motion to Recommit,' amends the Fair Labor Standards Act's definition of a tipped employee. It removes consideration of an employee's duties from that definition and defines a tipped employee as any worker who receives tips and other cash wages for a work period at a rate at least equal to the federal minimum wage, with the work period set by the employer. Current law lets tipped employees earn a sub-minimum cash wage if cash wages plus tips reach the federal minimum wage, and it defines a tipped employee as one who customarily receives more than $30 a month in tips.

employment_policyjusticelabor_policylabor_rightsminimum_wageparliamentary_proceduretipped_wagestipped_workerstitle_metadata_mismatchwage_policyworker_protection

Theological note: The issue touches Scripture's concern for fair wages and the protection of workers from exploitation (Leviticus 19:13; James 5:4), as well as the duty of employers to deal justly. How tipped wages are structured, and which duties count toward tip credit eligibility, is a question of prudential application of those principles rather than a clear moral command, so the relevance is real but the bill's specific mechanics are not settled by Scripture.

How this bill is scored

Recorded votes

Roll 21 · 13-Jan-2026 6:04 PM · On Motion to Recommit · Failed

Yea 209 · Nay 215 · Other 7

Yea

Nay

Other

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