H.R. 2312 · Where this bill is now
Waiting for a House vote
Approved by committee Dec 30, 2025; no House vote yet
What this bill does
In plain words · AI-written from the official summaryBroadens which workers count as tipped employees
Ever wondered how tipped employees' pay actually works. Under current law, certain jobs can pay workers less than the minimum wage as long as tips bring them up to at least $7.25 an hour. This bill would change how we decide who counts as a tipped employee. Instead of looking at the job duties, it would simply count anyone who gets tips and regular wages that add up to at least minimum wage, based on whatever work schedule their employer sets.
How it affects you
This could affect workers who receive tips in various jobs. Depending on how employers apply this broader definition, some workers might be classified differently under tipped-wage rules, which could change how their pay is calculated. The exact impact on individual workers would depend on their employer's decisions about pay structure and work schedules.
Read the official summary (Reported to House, Dec 30, 2025)
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.
Written by AI (Claude) using only the official summary by the Congressional Research Service, the Library of Congress’s nonpartisan research staff. It can miss nuance, so check the official summary and the bill text for details.
1st SessionH. R. 2312
A BILL
Tipped Employee Protection Act
Sponsor: Rep. Steve Womack (R-AR-3) · Introduced Mar 24, 2025 · Labor and Employment · 2 versions of the text
Sources: Congress.gov actions and votes · bill text from GovInfo · latest official 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.”
How Congress voted
Official roll callsHouse · On Motion to Recommit · Jan 13, 2026
Motion to Recommit Failed 209–215
| Party | Yes | No | Didn’t vote |
|---|---|---|---|
| Democrats | 209 | 0 | 4 |
| Republicans | 0 | 215 | 3 |
Congress votes on whole bills and amendments, not on single sections.