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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.
House floor actionsConsidered under the provisions of rule H. Res. 988. (consideration: CR H685-691; text of amendment in the nature of a substitute: CR H685)
Floor Vote
Failed in the House
House floor actionsRules 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.
House floor actionsReported (Amended) by the Committee on Education and Workforce. H. Rept. 119-420.
House committee actionsCommittee Consideration and Mark-up Session Held
Library of CongressIntroduced in House
House floor actionsReferred to the House Committee on Education and Workforce.
Introduced
Committee
Comments
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What Congress Said
Members who spoke about this bill on the floor, in their own words from the Congressional Record.
Republicans4 spoke
For the purpose of debate only, I yield the customary 30 minutes to the gentlewoman from New Mexico (Ms. Leger Fernandez), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only.
Like many of my colleagues, I want to see Americans rewarded for their hard work and ensure they are paid what they earn. That is why I am proud to rise in support of H.R. 2312, the Tipped Employee Protection Act, which creates stability for tipped workers and preserves opportunities for them to earn a good wage.
My voters and my constituents sent me here to help solve problems, to help small business, to help employees, and to help grow the economy. As such, I am proud to support the Tipped Employee Protection Act.
I rise in support of my legislation, the Tipped Employee Protection Act, which clarifies the definition of a tipped employee, providing long-term certainty for the service industry and, ultimately, protecting tipped employees' right to earn a living, a good living.
America is suffering. Americans don't recognize the country we live in. Trump's tariffs have caused prices to soar. We have the highest unemployment rate in 4 years so fewer people have jobs. Those out of work can't even afford those expensive groceries, housing, and appliances.
The true purpose of this bill is not to protect tipped employees. The true purpose is to make it easier to pay people less for their work and to pay them less than $7.25 an hour.
Don't be fooled by the name of it. There is nothing proworker in this bill. It is like calling increased air pollution the blue sky initiative. This is just another attempt from my Republican colleagues to create loopholes that allow employers to get away with wage theft.
The so-called Tipped Employee Protection Act implies that something in this bill might actually benefit workers who work for tips. In reality, this bill manipulates labor law to decrease employees' earning power and allow employers to skirt minimum wage requirements.
I rise today in strong opposition to this legislation. This bill, deceptively named the Tipped Employee Protection Act, would change Federal wage law to allow employers to treat almost any worker as a tipped employee, even if they receive small or occasional tips.
That rule exists to prevent abuse. H.R. 2312, the so-called Tipped Employee Protection Act, tears down that protection. Under this bill, an employer could say that you earned a tip once this week, so every hour you work now counts as tipped work.
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