Tipped Employee Protection Act

What this measure contains

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.

The latest Congressional Research Service summary in the bill's GovInfo status record, or its official title when no summary has been published. Amendments can change the wording; read a specific version for its complete provisions.

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Bill text and versions

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• Reported in House · Official document ↗· Dec 30, 2025
• Introduced in House · Official document ↗· Mar 24, 2025

Legislative path

Each stage below is a House or Senate floor decision: every recorded roll call on this measure, plus passage by voice vote or unanimous consent, which records no individual votes. Each stage shows the latest version published before that day; the chamber may have voted on an amended text. Roll calls name every member. A member's row follows their votes, and a highlighted vote marks where they voted for advancing the measure at one stage and against it at another (passage, cloture, motions to proceed, agreeing to the other chamber's version). Amendments and motions such as recommit or table don't count as a change, because an aye there isn't a vote for the measure.

1. Introduced in House
2. Reported in House

Decision stages

1. Jan 13, 2026 · House

   House motion to recommit on Reported in House: Failed

   209 aye · 215 no · 7 not voting · Source roll call

House members along the path

Aye yea or aye · No nay or no · Present · NV not voting · Changed reversed on advancing the measure

Members are identified by the Bioguide ID in each roll call, not by name. Not voting is not a no vote; a blank cell means the member wasn't listed for that roll call.Congress.gov actions ↗

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Legislative history

1. Mar 24, 2025

   Introduced in House

2. Mar 24, 2025

   Referred to the House Committee on Education and Workforce.

3. Nov 20, 2025

   Committee Consideration and Mark-up Session Held

4. Nov 20, 2025

   Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 15.

5. Dec 30, 2025

   Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-420.

6. Dec 30, 2025

   Placed on the Union Calendar, Calendar No. 366.

7. 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.

8. 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)

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

    DEBATE - The House proceeded with one hour of debate on H.R. 2312.

11. Jan 13, 2026

    The previous question was ordered pursuant to the rule.

12. Jan 13, 2026

    Ms. Budzinski moved to recommit to the Committee on Education and Workforce. (text: CR H690-691)

13. Jan 13, 2026

    The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.

14. 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.

15. Jan 13, 2026

    Considered as unfinished business. (consideration: CR H694)

16. Jan 13, 2026

    On motion to recommit Failed by the Yeas and Nays: 209 - 215 (Roll no. 21).

17. 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.

Bill sponsors