WHAT THE LAW DOINCongress, in plain words

H.R. 2312 · 119th Congress

Tipped Employee Protection Act

Reported by committeeLabor and Employment
IntroducedMar 24, 2025
Passed HouseNot yet
Passed SenateNot yet
To PresidentNot yet
Became lawNot yet

Where it stands

Reported by committee. Latest step, Jan 13, 2026: POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced that further proceedings on H.R. 2312 is postponed. It would change 1 section of existing law.

How this bill changes the law

Sourced

H.R. 2312 would change 1 section of existing law. Read from the bill text as reported by a House committee (Dec 30, 2025).

29 U.S.C. 203 Definitions

  • (t) "Tipped employee" means any employee engaged in an occupation in which he… added to · Sec. 2(1), Sec. 2(2), Sec. 2(3) · see the words
What the words would change: every change, in place (3)

Today's wording of each part of the law, with what would be struck out and added. Each change also gives the bill's own instruction, word for word.

  1. 29 U.S.C. 203(t)changedby H.R. 2312 Sec. 2(1)

    (t)(t)(1) "Tipped employee" means any employee engaged in an occupation in which he customarily and regularly receives more than $30 a month in tips.

    The bill says: by striking "(t)" and inserting "(t)(1)";

    Bill text · Current law (29 U.S.C. 203)

  2. 29 U.S.C. 203(t)changedby H.R. 2312 Sec. 2(2)

    (t) "Tipped employee" means any employee engaged in an occupation in which he customarily and regularly receives more than $30 a month in tips., without regard to the duties of the employee, who receives tips and other cash wages for a work period described in paragraph (2) at a rate that, when combined with the cash wage required under subsection (m)(2)(A)(i), is not less than the wage in effect under section 6(a)(1).

    The bill says: by striking "engaged in an occupation in which he customarily and regularly receives more than $30 a month in tips." and inserting ", without regard to the duties of the employee, who receives tips and other cash wages for a work period described in paragraph (2) at a rate that, when combined with the cash wage required under subsection (m)(2)(A)(i), is not less than the wage in effect under section 6(a)(1)."; and

    Bill text · Current law (29 U.S.C. 203)

  3. 29 U.S.C. 203(t)added (2)by H.R. 2312 Sec. 2(3)

    (2) A work period described in this paragraph is a work period that is determined by the employer of the employee, such as a work period of 1 day, 1 week, every 2 weeks, every 28 days, or every pay period.

    The bill says: by adding at the end the following:

    Bill text · Current law (29 U.S.C. 203)

From the bill's official text on GovInfo and the U.S. Code, 2024 edition, which may not yet show changes made since.

What it does

Sourced

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.

Official summary by the Congressional Research Service (Reported to House, Dec 30, 2025).

Our plain-language breakdown, with what it means for you and the case for and against, is written once a bill starts to move.

What has happened

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  1. Jan 13, 2026POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced that further proceedings on H.R. 2312 is postponed.House floor actions
  2. Jan 13, 2026On motion to recommit Failed by the Yeas and Nays: 209 - 215 (Roll no. 21). Roll call recordHouse floor actions
  3. Jan 13, 2026Considered as unfinished business. (consideration: CR H694)House floor actions
  4. Jan 13, 2026POSTPONED 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.House floor actions
  5. Jan 13, 2026The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.House floor actions
  6. Jan 13, 2026Ms. Budzinski moved to recommit to the Committee on Education and Workforce. (text: CR H690-691)House floor actions
  7. Jan 13, 2026The previous question was ordered pursuant to the rule.House floor actions
  8. Jan 13, 2026DEBATE - The House proceeded with one hour of debate on H.R. 2312.House floor actions
  9. Jan 13, 2026Rule 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.House floor actions
  10. Jan 13, 2026Considered under the provisions of rule H. Res. 988. (consideration: CR H685-691; text of amendment in the nature of a substitute: CR H685)House floor actions
  11. Jan 12, 2026Rules 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.House floor actions
  12. Dec 30, 2025Placed on the Union Calendar, Calendar No. 366.House floor actions
  13. Dec 30, 2025Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-420.House floor actions
  14. Dec 30, 2025Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-420.Library of Congress
  15. Nov 20, 2025Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 15.House committee actions
  16. Nov 20, 2025Committee Consideration and Mark-up Session HeldHouse committee actions
  17. Mar 24, 2025Referred to the House Committee on Education and Workforce.House floor actions
  18. Mar 24, 2025Introduced in HouseLibrary of Congress
  19. Mar 24, 2025Introduced in HouseLibrary of Congress

Show key steps only

Recorded votes

Sourced
  1. Jan 13, 2026 · HouseFailed 209–215
    Iowa: Randy Feenstra no, Ashley Hinson no, Mariannette Miller-Meeks no, Zachary Nunn no
    On Motion to Recommit · needed a majority
    R 0 yes, 215 noD 209 yes, 0 noEach member · Record

Cosponsors

  • Michael Baumgartner R-WA-5
  • Glenn Grothman R-WI-6
  • Julia Letlow R-LA-5
  • Mark B. Messmer R-IN-8
  • Pete Sessions R-TX-17
  • Bruce Westerman R-AR-4