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Bill · 119th Congress · HR 2312

Tipped Employee Protection Act

Refreshed 27 min ago

Introduced 2025-03-24Topic: labor · economy jobs

Summary

Summary by the 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.

Full text and official record on Congress.gov

Sponsors

Recorded votes

DateChamberQuestionResultYeasNays
2026-01-13House roll 21On Motion to RecommitFailed209215

Action history

DateChamberActionStatus effect
2026-01-13HousePOSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced that further proceedings on H.R. 2312 is postponed.
2026-01-13HouseOn motion to recommit Failed by the Yeas and Nays: 209 - 215 (Roll no. 21).
2026-01-13HouseConsidered as unfinished business. (consideration: CR H694)
2026-01-13HousePOSTPONED 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 proceedings until a time to be announced.
2026-01-13HouseThe previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
2026-01-13HouseMs. Budzinski moved to recommit to the Committee on Education and Workforce. (text: CR H690-691)
2026-01-13HouseThe previous question was ordered pursuant to the rule.
2026-01-13HouseDEBATE - The House proceeded with one hour of debate on H.R. 2312.
2026-01-13HouseRule 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 rule. The rule provides for one hour of general debate and one motion to recommit on each bill.
2026-01-13HouseConsidered under the provisions of rule H. Res. 988. (consideration: CR H685-691; text of amendment in the nature of a substitute: CR H685)
2026-01-12HouseRules Committee Resolution H. Res. 988 Reported to House. 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 rule. The rule provides for one hour of general debate and one motion to recommit on each bill.
2025-12-30HousePlaced on the Union Calendar, Calendar No. 366.
2025-12-30HouseReported (Amended) by the Committee on Education and Workforce. H. Rept. 119-420.report
2025-12-30Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-420.report
2025-11-20HouseOrdered to be Reported (Amended) by the Yeas and Nays: 19 - 15.refer
2025-11-20HouseCommittee Consideration and Mark-up Session Heldrefer
2025-03-24HouseReferred to the House Committee on Education and Workforce.refer
2025-03-24Introduced in Houseintroduce
2025-03-24Introduced in Houseintroduce
Source: GovInfo Bill Status (Library of Congress), fetched 2026-09-24. Provisions and opinion polling arrive in a later release.