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HR 2312
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Tipped Employee Protection Act

H. R. 2312 To amend the Fair Labor Standards Act of 1938 to revise the definition of the term ``tipped employee'', and for other purposes.

Introduced Mar 24, 2025

Latest action (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.

Referred to
Education and Workforce Committee
Policy area
Labor and Employment
Issues
Labor & Wages
Legislative subjects (2)
Labor standardsWages and earnings

Summary

This bill amends the Fair Labor Standards Act to change how tipped employees are defined under federal wage law. Currently, a tipped employee is defined as someone in an occupation who regularly receives more than $30 per month in tips. The bill replaces this definition with a new one that focuses on whether an employee receives tips combined with cash wages that meet the federal minimum wage requirement, measured over a work period set by the employer (such as daily, weekly, or per pay period). The change removes the requirement that an employee work in a tipped occupation to qualify for tipped employee status under federal law.

AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.

Sponsor (1)
6 cosponsors

Money behind the sponsor

Top reported contributors to Steve Womack’s campaign committee (2024 cycle) — who funds the bill’s sponsor, not a claim about this bill. Data from FEC.

  • HOME $31,050
  • WALMART $24,750
  • TYSON FOODS $18,850
  • NULL $13,850
  • XTREMIS $13,200

Organizations whose employees gave the most — itemized individual contributions grouped by the donor’s reported employer (FEC Schedule A). Full finance for Steve Womack → · Outside spending →

Actions (17)
  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. · house
  2. Jan 13, 2026 On motion to recommit Failed by the Yeas and Nays: 209 - 215 (Roll no. 21). · house
  3. Jan 13, 2026 Considered as unfinished business. (consideration: CR H694) · house
  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. · house
  5. Jan 13, 2026 The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX. · house
  6. Jan 13, 2026 Ms. Budzinski moved to recommit to the Committee on Education and Workforce. (text: CR H690-691) · house
  7. Jan 13, 2026 The previous question was ordered pursuant to the rule. · house
  8. Jan 13, 2026 DEBATE - The House proceeded with one hour of debate on H.R. 2312. · house
  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. · house
  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) · house
  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. · house
  12. Dec 30, 2025 Placed on the Union Calendar, Calendar No. 366. · house
  13. Dec 30, 2025 Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-420. · house
  14. Nov 20, 2025 Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 15. · house
  15. Nov 20, 2025 Committee Consideration and Mark-up Session Held · house
  16. Mar 24, 2025 Referred to the House Committee on Education and Workforce. · house
  17. Mar 24, 2025 Introduced in House

How your representatives voted

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Roll-call votes (1)

How the chamber voted on this bill — the outcome, the tally by party, and every member's recorded position. A factual record.

More bills on these subjects (8)

Other bills that carry the most legislative subjects in common with this one (topical discovery — distinct from the procedural related bills above).

  • HR 5267 — American Franchise Act (shares 2 subjects)
  • HR 2299 — Ensuring Workers Get PAID Act of 2025 (shares 2 subjects)
  • HR 2870 — Working Families Flexibility Act of 2025 (shares 2 subjects)
  • HR 4366 — Save Local Business Act (shares 2 subjects)
  • HR 2262 — Flexibility for Workers Education Act (shares 2 subjects)
  • HR 2270 — Empowering Employer Child and Elder Care Solutions Act (shares 2 subjects)
  • HR 5304 — Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2026 (shares 2 subjects)
  • S 1158 — Working Families Flexibility Act of 2025 (shares 2 subjects)

Similar bills (6)

Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.

  • HR 5112 — Tipped Worker Protection Act · Introduced Sep 3, 2025 · Cong. 119 86%
  • HR 1314 — TIPS Act · Introduced Feb 13, 2025 · Cong. 119 82%
  • HR 1319 — Modern Worker Empowerment Act · Introduced Feb 20, 2026 · Cong. 119 70%
  • HR 7577 — TIP Improvement Act of 2026 · Introduced Feb 13, 2026 · Cong. 119 67%
  • HR 85 — Small Business Flexibility Act · Introduced Jan 3, 2025 · Cong. 119 66%
  • HR 2219 — Salary History Question Prohibition Act · Introduced Mar 18, 2025 · Cong. 119 66%

Text versions (2)
  • Reported in House · Dec 30, 2025
  • Introduced in House · Mar 24, 2025

Full text

IN THE HOUSE OF REPRESENTATIVES

March 24, 2025

Mr. Womack introduced the following bill; which was referred to the Committee on Education and Workforce

December 30, 2025

Additional sponsors: Mr. Baumgartner, Mr. Sessions, Mr. Westerman, Mr. Grothman, Ms. Letlow, and Mr. Messmer

December 30, 2025

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on March 24, 2025]

A BILL

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Tipped Employee Protection Act”.

SEC. 2. TIPPED EMPLOYEES.

Section 3(t) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(t)) is amended—

(1) by striking “(t)” and inserting “(t)(1)”;

(2) by striking “engaged in an occupation in which he customarily and regularly receives more than $30 a month in tips.” and inserting “, without regard to the duties of the employee, who receives tips and other cash wages for a work period described in paragraph (2) at a rate that, when combined with the cash wage required under subsection (m)(2)(A)(i), is not less than the wage in effect under section 6(a)(1).”; and

(3) by adding at the end the following:

“(2) A work period described in this paragraph is a work period that is determined by the employer of the employee, such as a work period of 1 day, 1 week, every 2 weeks, every 28 days, or every pay period.”. Union Calendar No. 366

119th CONGRESS

1st Session

H. R. 2312

[Report No. 119-420]

A BILL

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

December 30, 2025

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

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