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H.R. 2312In committee

Tipped Employee Protection Act

Introduced: Mar 24, 2025

Latest action date: Jan 13, 2026

Latest development

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

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Congress
119th Congress
Introduced
Mar 24, 2025
Recorded roll calls
1

Status detail: The most advanced recorded stage is committee consideration.

Plain-language overview

What this bill does

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 from Congress.gov.

Civixly topics

What this legislation is about

Civixly topics make federal and state legislation comparable. They are derived from the official CRS policy area and legislative subjects.

Official CRS policy area

Labor and Employment

View 2 official legislative subjects
Labor standardsWages and earnings

Committee activity

Committees and subcommittees that received, reviewed, marked up, or reported this legislation.

houseStanding

Education and Workforce Committee

Official committee record ↗
  1. Referred To
  2. Markup By
  3. Reported By
  4. Unknown
  5. Unknown

Amendments

Proposed changes to this measure, with their latest official outcome or action from Congress.gov.

View amendments1 amendment
H.Amdt. 148houseAgreed toJan 13, 2026

Pursuant to the provisions of H.Res. 988, the amendment in the nature of a substitute recommended by the Committee on Education and Workforce is considered adopted.

Latest action: On agreeing to the Rules amendment (A001) Agreed to without objection.

Congress.gov ↗

Checked against Congress.gov Oct 16, 2026.

Action timeline

Newest action first. Action language comes from the official Congress.gov record.

View full action timeline19 actions
  1. POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced that further proceedings on H.R. 2312 is postponed.

    FloorHouse floor actions
  2. On motion to recommit Failed by the Yeas and Nays: 209 - 215 (Roll no. 21).

    FloorHouse floor actions
  3. Considered as unfinished business. (consideration: CR H694)

    FloorHouse floor actions
  4. 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.

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

    FloorHouse floor actions
  6. Ms. Budzinski moved to recommit to the Committee on Education and Workforce. (text: CR H690-691)

    FloorHouse floor actions
  7. The previous question was ordered pursuant to the rule.

    FloorHouse floor actions
  8. DEBATE - The House proceeded with one hour of debate on H.R. 2312.

    FloorHouse floor actions
  9. 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.

    FloorHouse floor actions
  10. Considered under the provisions of rule H. Res. 988. (consideration: CR H685-691; text of amendment in the nature of a substitute: CR H685)

    FloorHouse floor actions
  11. 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.

    FloorHouse floor actions
  12. Placed on the Union Calendar, Calendar No. 366.

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

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

    CommitteeLibrary of Congress
  15. Committee Consideration and Mark-up Session Held

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

    CommitteeHouse committee actions
  17. Referred to the House Committee on Education and Workforce.

    IntroReferralHouse floor actions
  18. Introduced in House

    IntroReferralLibrary of Congress
  19. Introduced in House

    IntroReferralLibrary of Congress

Roll-call votes

Recorded House and Senate votes connected to this bill. Your representatives appear first when available.

FailedJan 13, 2026House · Roll call 21

On Motion to Recommit

215 Nay209 Yea7 Not Voting
View 431 recorded positions
David ScottYea
Eric SwalwellNot Voting
Greg CasarNot Voting
Sheila Cherfilus-McCormickYea
Tony GonzalesNay
Wesley HuntNot Voting

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Sources: Congress.gov and official House and Senate vote records.

View data freshness details

Base metadata check pending · Civixly summary check pending · Action timeline checked Oct 16, 2026 · Complete sponsorship check pending · Topics checked Oct 16, 2026 · Committees checked Oct 16, 2026 · Status checked Oct 16, 2026 · Related bills checked Oct 16, 2026.