119th Congress > House > Vote 381

Date: January 13, 2026

Result: 209-215 (Failed)

Clerk session vote number: 21

Sponsor: WOMACK, Steve (R-AR)

Bill number: HR2312

Question: On Motion to Recommit

Description: Tipped Employee Protection Act

Bill summary:

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. 



Bill titles: To amend the Fair Labor Standards Act of 1938 to revise the definition of the term "tipped employee", and for other purposes.

Links for more info on the vote: congress.gov

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