What This Bill Does · Plain English
Summary · Congress.gov
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.
Vote Breakdown · How Congress voted on HR.2312
House
209-215
FAILED
Independents
209 yea
215 nay
⚠️ 12 members broke with party on this vote
Action Timeline
2026-01-13
Considered under the provisions of rule H. Res. 988. (consideration: CR H685-691; text of amendment in the nature of a substitute: CR H685)
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.
2026-01-13
On motion to recommit Failed by the Yeas and Nays: 209 - 215 (Roll no. 21).
2026-01-13
Considered as unfinished business. (consideration: CR H694)
2026-01-13
POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 2312, the Chair put the question on motion to recommit and by voice vote, announced the noes had prevailed. Ms. Budzinski demanded the yeas and nays and the Chair postponed further
2026-01-13
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
2026-01-13
Ms. Budzinski moved to recommit to the Committee on Education and Workforce. (text: CR H690-691)
2026-01-13
The previous question was ordered pursuant to the rule.
2026-01-13
DEBATE - The House proceeded with one hour of debate on H.R. 2312.
2026-01-13
Rule provides for consideration of H.R. 2988, H.R. 2262, H.R. 2270, H.R. 2312 and H.R. 4366. The resolution provides for consideration of H.R. 2988 under a structured rule, and H.R. 2262, H.R. 2270, H.R. 2312, and H.R. 4366 under a closed r
Frequently Asked Questions
Did HR.2312 pass?
HR.2312 is still alive. Current stage: REPORTED. Pass likelihood: 23%.
What does HR.2312 do?
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 definiti…
Who sponsored HR.2312?
HR.2312 was sponsored by Steve Womack (R-Arkansas).
Who voted against HR.2312?
12 members broke with their party on this vote.
Full Bill Text
119 HR 2312 RH: Tipped Employee Protection Act U.S. House of Representatives 2025-12-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. IB Union Calendar No. 366 119th CONGRESS 1st Session H. R. 2312 [Report No. 119–420] IN THE HOUSE OF REPRESENTATIVES March 24, 2025 Mr. Womack introduced the following bill; which was referred to the Committee on Education and Workforce December 30, 2025 Additional sponsors: Mr. Baumgartner , Mr. Sessions , Mr. Westerman , Mr. Grothman , Ms. Letlow , and Mr. Messmer December 30, 2025 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on March 24, 2025 A BILL To amend the Fair Labor Standards Act of 1938 to revise the definition of the term tipped employee , and for other purposes. 1. Short title This Act may be cited as the Tipped Employee Protection Act . 2. Tipped employees Section 3(t) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(t) ) is amended— (1) by striking (t) and inserting (t)(1) ; (2) by striking engaged in an occupation in which he customarily and regularly receives more than $30 a month in tips. and inserting , without regard to the duties of the employee, who receives tips and other cash wages for a work period described in paragraph (2) at a rate that, when combined with the cash wage required under subsection (m)(2)(A)(i), is not less than the wage in effect under section 6(a)(1). ; and (3) by adding at the end the following: (2) A work period described in this paragraph is a work period that is determined by the employer of the employee, such as a work period of 1 day, 1 week, every 2 weeks, every 28 days, or every pay period. . December 30, 2025 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
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