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.
Loading the bill text comparison.
| Congress | 119 |
| Bill Type | HR |
| Bill Number | 2312 |
| Origin Chamber | House |
| Current Status | POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced that further proceedings on H.R. 2312 is postponed. |
| Policy Area | Labor and Employment |
| Primary Committee | Not assigned |
| Introduced | March 24, 2025 |
| Latest Action | January 13, 2026 |
| Cosponsors | 6 · House vote — · — views |