H.R. 2312 Reported by committee Labor and Employment

Tipped Employee Protection Act

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

  1. Introduced
  2. Committee
  3. Passed House
  4. Passed Senate
  5. To President
  6. Became law
Sponsor Rep. Womack, Steve [R-AR-3] Introduced March 24, 2025 Cosponsors 6 (6 R) Latest action January 13, 2026

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. 

Summary by the Congressional Research Service, Library of Congress.

Congress.gov

Roll-call votes

Actions

  1. Jan 13, 2026 POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced that further proceedings on H.R. 2312 is postponed.
  2. Jan 13, 2026 On motion to recommit Failed by the Yeas and Nays: 209 - 215 (Roll no. 21).
  3. Jan 13, 2026 Considered as unfinished business. (consideration: CR H694)
  4. Jan 13, 2026 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.
  5. Jan 13, 2026 The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
  6. Jan 13, 2026 Ms. Budzinski moved to recommit to the Committee on Education and Workforce. (text: CR H690-691)
  7. Jan 13, 2026 The previous question was ordered pursuant to the rule.
  8. Jan 13, 2026 DEBATE - The House proceeded with one hour of debate on H.R. 2312.
  9. Jan 13, 2026 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.
  10. Jan 13, 2026 Considered under the provisions of rule H. Res. 988. (consideration: CR H685-691; text of amendment in the nature of a substitute: CR H685)
  11. Jan 12, 2026 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.
  12. Dec 30, 2025 Placed on the Union Calendar, Calendar No. 366.

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