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Bill would redefine "tipped employee" based on pay, not job type

Floor activityH.R. 2312Latest action

Sponsor: Steve Womack · Representative · AR

AIDecoded by AI · checked against the record
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Official title: Tipped Employee Protection Act

119th Congress

Topics: Jobs & the economy

Introduced:

Read the official bill on Congress.gov

In plain words

The plain-language version comes first. The official text is always the reference.

The bill lets employers classify more workers as "tipped" if tips plus wages reach minimum wage, tracked over employer-chosen periods.

40-second read · 4 questions answered below

What does this do?

This bill changes the Fair Labor Standards Act definition of "tipped employee." Instead of basing it on whether a job typically earns over $30 a month in tips, it would qualify workers as tipped if their tips plus cash wages meet the federal minimum wage over a period the employer selects, such as a day, week, or month.

Who does it affect?

The bill affects tip-earning workers in industries like restaurants, bars, and salons, as well as the business owners who employ and pay them.

Why does it matter?

This could let employers classify more workers as "tipped," including those outside traditional tipped roles, and gives employers flexibility in choosing tracking periods that determine whether workers qualify for the lower tipped cash wage instead of standard minimum wage.

AI-drafted summary. Check it against the official text before you act on it.

Read the official bill on Congress.gov

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Where does it stand?

  1. IntroducedMar 24, 2025
  2. House committee
  3. House voteYou are here · Jan 13, 2026
  4. Senate
  5. The president's desk

Right now: the House has taken floor action on it, and the official record shows nothing new since. If the Senate changes it, it goes back to the House before reaching the president.

Latest action: — POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced that further proceedings on H.R. 2312 is postponed.

Data as of October 9, 2026

Recorded votes

Roll-call votes recorded since January 3, 2025.

  1. House · · Roll call 21

    As recorded

    Question
    On
    Result:
    Failed
    209
    Nay
    215
    0
    7

    Republicans 215 no, 3 not voting · Democrats 209 yes, 4 not voting

    Official record
    How members voted

    The official record lists how each member voted.Official record

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