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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.
Introduced
Mar 24, 2025
Last Action
Jan 13, 2026
Session
119th Congress
Sponsors
1 primary · 6 co
Passage Probability
<1% — Failed
POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced that further proceedings on H.R. 2312 is postponed.
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.
DEBATE - The House proceeded with one hour of debate on H.R. 2312.
The previous question was ordered pursuant to the rule.
Ms. Budzinski moved to recommit to the Committee on Education and Workforce.
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
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.
On motion to recommit Failed by the Yeas and Nays: 209 - 215 (Roll no. 21).
Considered under the provisions of rule H. Res. 988.
Considered as unfinished business.
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.
Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-420.
Placed on the Union Calendar, Calendar No. 366.
Committee Consideration and Mark-up Session Held
Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 15.
Referred to the House Committee on Education and Workforce.
Introduced in House
Get a plain-English explanation of what this bill does, who it affects, and why it matters.
<1%
Estimate based on legislative signals
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Upgrade to ProPOSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced that further proceedings on H.R. 2312 is postponed.