H.R. 2312 · 119th Congress · House

Tipped Employee Protection Act

Active· Considered under the provisions of rule H. Res. 988. (consideration: CR H685-691; text of amendment in the nature of a substitute: CR H685)
Introduced
Mar 24, 25
Passed House
Pending
Passed Senate
Pending
Sent to President
Pending
Signed into Law
Pending

Executive Summary

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. 

Action Timeline

17
  1. JAN 13, 2026House floor actions

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

  2. JAN 13, 2026House floor actions

    On motion to recommit Failed by the Yeas and Nays

    Roll Call #21

    209 - 215 (Roll no. 21).

    209Yea
    215Nay
    0NV
  3. JAN 13, 2026House floor actions

    Considered as unfinished business

    (consideration: CR H694)

  4. JAN 13, 2026House floor actions

    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.

  5. JAN 13, 2026House floor actions

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

  6. JAN 13, 2026House floor actions

    Ms

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

    690Yea
    691Nay
    0NV
  7. JAN 13, 2026House floor actions

    The previous question was ordered pursuant to the rule.

  8. JAN 13, 2026House floor actions

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

  9. JAN 13, 2026House floor actions

    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, 2026House floor actions

    Considered under the provisions of rule H. Res. 988. (consideration

    CR H685-691; text of amendment in the nature of a substitute: CR H685)

    685Yea
    691Nay
    0NV
  11. JAN 12, 2026House floor actions

    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.

  12. DEC 30, 2025House floor actions

    Placed on the Union Calendar, Calendar No. 366.

  13. DEC 30, 2025Library of Congress

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

    119Yea
    420Nay
    0NV
  14. NOV 20, 2025House committee actions

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

    19Yea
    15Nay
    0NV
  15. NOV 20, 2025House committee actions

    Committee Consideration and Mark-up Session Held

  16. MAR 24, 2025House floor actions

    Referred to the House Committee on Education and Workforce.

  17. MAR 24, 2025Library of Congress

    Introduced in House

Committees

4

Education and Workforce Committee

hsed00

Referred: Jan 13, 2026

Active

Education and Workforce Committee

hsed00

Referred: Dec 30, 2025

Active

Education and Workforce Committee

hsed00

Referred: Nov 20, 2025

Active

Education and Workforce Committee

hsed00

Referred: Mar 24, 2025

Active