119th Congress
H.R. 2312
Tipped Employee Protection Act
- Introduced
- In committee
- Passed House
- Passed Senate
- To President
- Became law
- Sponsor
- Steve Womack(R-AR)
- Introduced
- Mar 24, 2025
- Policy area
- Labor and Employment
- Committees
- House Committee on Education and Workforce
- Official text
- Reported in House · Congress.gov page
Cosponsors (6)
Added later (6)
- Michael Baumgartner (R-WA) · Apr 9, 2025
- Pete Sessions (R-TX) · Oct 17, 2025
- Bruce Westerman (R-AR) · Oct 21, 2025
- Glenn Grothman (R-WI) · Nov 7, 2025
- Julia Letlow (R-LA) · Nov 17, 2025
- Mark B. Messmer (R-IN) · Nov 17, 2025
Summary
Summary by the Congressional Research Service· describes the “Reported to House” version
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.
Roll-call votes
| Date | Vote | Result | Your members |
|---|---|---|---|
| Jan 13, 2026 House #21 | On Motion to Recommit: Tipped Employee Protection Act | Failed | Set your home to see |
Actions
- Jan 13, 2026 · House
POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced that further proceedings on H.R. 2312 is postponed. - Jan 13, 2026 · House
On motion to recommit Failed by the Yeas and Nays: 209 - 215 (Roll no. 21). - Jan 13, 2026 · House
Considered as unfinished business. (consideration: CR H694) - Jan 13, 2026 · House
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 proceedings until a time to be announced. - Jan 13, 2026 · House
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX. - Jan 13, 2026 · House
Ms. Budzinski moved to recommit to the Committee on Education and Workforce. (text: CR H690-691) - Jan 13, 2026 · House
The previous question was ordered pursuant to the rule. - Jan 13, 2026 · House
DEBATE - The House proceeded with one hour of debate on H.R. 2312. - Jan 13, 2026 · 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. - Jan 13, 2026 · House
Considered under the provisions of rule H. Res. 988. (consideration: CR H685-691; text of amendment in the nature of a substitute: CR H685) - Jan 12, 2026 · House
Rules 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. - Dec 30, 2025 · House
Placed on the Union Calendar, Calendar No. 366. - Dec 30, 2025 · House
Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-420. - Nov 20, 2025
Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 15. - Nov 20, 2025
Committee Consideration and Mark-up Session Held - Mar 24, 2025 · House
Referred to the House Committee on Education and Workforce. - Mar 24, 2025
Introduced in House