Tipped Employee Protection Act (H.R. 2312)
March 24, 2025
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The Frame
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.
Potentially affected actors named in the source documents. Mention is not a position.
Tipped employees
Their classification under federal labor law and the calculation period for their wage compliance would change based on employer discretion.
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.
Last recorded activity March 24, 2025.
Introduced.
Summary
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.
- 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?
How does this change how my tips are counted?
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.
News Coverage
Voting Record
Total
421
Yes
207
No
214
Present
0
Not Voting
0
Abstain
0
How they voted (421)
Elise Stefanik
R · no
Laura Gillen
D · yes
Keith Self
R · no
Donald Norcross
D · yes
Henry Cuellar
D · yes
Betty McCollum
D · yes
Derek Tran
D · yes
Gus Bilirakis
R · no
Chellie Pingree
D · yes
David Kustoff
R · no
Eric Sorensen
D · yes
John Rutherford
R · no
Aaron Bean
R · no
Laurel Lee
R · no
Tony Gonzales
R · no
Sylvia Garcia
D · yes
Earl Carter
R · no
Josh Riley
D · yes
Chris Pappas
D · yes
Jesús García
D · yes
Greg Stanton
D · yes
Ben Cline
R · no
Robert Aderholt
R · no
Steve Cohen
D · yes
+ 397 more
Sponsors
Discoveries
Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.
Shift to Employer Discretion
The bill shifts the power to define the 'period' of wage calculation from a standard monthly threshold to employer-determined intervals.
Connected Entities
Sources
www.congress.gov
Analysis Score
0–100- Significance65How much this matters to a regular citizen
- Controversy50Intensity of disagreement among stakeholders
- Entertainment10Compellingness for a non-policy-wonk reader
- Buzz25Current news / social attention level
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