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HR2312FEDERALSession 119Federal Billin committee

Tipped Employee Protection Act (H.R. 2312)

Original title: Tipped Employee Protection Act

Last 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.Sponsors: Steve Womack and 6 others

Bill progressHistory & official text ↓

Introduced

Committee

Floor Vote

Passed

Law

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What This Bill Would Do

This bill proposes changes to how federal law defines a '' by linking their total compensation—including tips and cash wages—to the federal minimum wage. It also allows employers to choose the time period used to calculate whether an employee meets the criteria for being a tipped worker.

Why it matters

This bill would change the legal criteria for classifying s, potentially affecting how employers calculate wage requirements and compliance with the Fair Labor Standards Act.

Who It Would Affect

Groups the bill's text would affect if enacted, as described in the record. Being affected is not a position for or against it.

Directly affected

Tipped employees

Their classification under federal labor law and the calculation period for their wage compliance would change based on employer discretion.

Directly affected

Employers in service industries

They gain the authority to select the time period used to verify if employees meet the definition of a tipped employee.

Key Facts

The bill amends Section 3(t) of the Fair Labor Standards Act of 1938.
It removes the current requirement that a tipped employee must 'customarily and regularly' receive more than $30 a month in tips.
It defines a tipped employee as someone who receives tips and cash wages that, when combined, equal or exceed the federal minimum wage (section 6(a)(1)).
The definition applies regardless of the specific duties performed by the employee.

Show all 6 facts

Employers are granted the authority to determine the calculation period for these wages.
The allowed calculation periods are 1 day, 1 week, every other week, every pay period, or 1 month.

Frequently Asked Questions

Does this bill change the federal minimum wage?

No, the bill does not change the federal minimum wage itself; it changes the criteria for how s are defined in relation to that wage.

How does this change how my tips are counted?

The bill allows your employer to choose the time period (from one day to one month) used to calculate if your combined tips and cash wages meet the federal minimum wage requirement.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

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Votes, people, money & the original source

Where This Stands

Currently in committee. The next step in the legislative lifecycle is Floor Vote.

Procedural history

17 actions

Jan 13, 2026House
POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced that further proceedings on H.R. 2312 is postponed.
Jan 13, 2026House
On motion to recommit Failed by the Yeas and Nays: 209 - 215 (Roll no. 21).
Jan 13, 2026House
Considered as unfinished business. (consideration: CR H694)
Jan 13, 2026House
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.
Jan 13, 2026House
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
Jan 13, 2026House
Ms. Budzinski moved to recommit to the Committee on Education and Workforce. (text: CR H690-691)

Show 11 earlier actions

Jan 13, 2026House
The previous question was ordered pursuant to the rule.
Jan 13, 2026House
DEBATE - The House proceeded with one hour of debate on H.R. 2312.
Jan 13, 2026House
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.
Jan 13, 2026House
Considered under the provisions of rule H. Res. 988. (consideration: CR H685-691; text of amendment in the nature of a substitute: CR H685)
Jan 12, 2026House
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.
Dec 30, 2025House
Placed on the Union Calendar, Calendar No. 366.
Dec 30, 2025House
Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-420.
Nov 20, 2025HouseCommittee
Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 15.
Nov 20, 2025House
Committee Consideration and Mark-up Session Held
Mar 24, 2025HouseCommittee
Referred to the House Committee on Education and Workforce.
Mar 24, 2025HouseIntroduced
Introduced in House

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

What This Bill Would Do

Who It Would Affect

Key Facts

Frequently Asked Questions

News Coverage

Where This Stands

Procedural history

Version history

Voting Record

Full breakdown

Sponsors

Discoveries

Shift to Employer Discretion

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