H.R. 2312In committeeJobs & the economy
Bill would redefine "tipped employee" based on pay, not job type
Data as of July 11, 2026
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
Decoded
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.
Where does it stand?
- Introduced
- House committee — You are here
- House vote
- Senate
- President's desk
Right now: a House committee is reviewing it. If the Senate changes it, it goes back to the House before reaching the President.
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Official title
Tipped Employee Protection Act
- Introduced:
- March 24, 2025
- Latest action:
- January 13, 2026
POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced that further proceedings on H.R. 2312 is postponed.
Read the official bill on Congress.govMake the call
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