Tipped Employee Protection Act

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. 

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Timeline

1. 24 March 2025

   Introduced

   Referred to the House Committee on Education and Workforce.

   Source: IntroReferral

2. 24 March 2025

   Introduced

   Introduced in House

   Source: IntroReferral

3. 24 March 2025

   Introduced

   Introduced in House

   Source: IntroReferral

4. 20 November 2025

   Vote

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

   Source: Committee

5. 20 November 2025

   Committee

   Committee Consideration and Mark-up Session Held

   Source: Committee

6. 30 December 2025

   Calendars

   Placed on the Union Calendar, Calendar No. 366.

   Source: Calendars

7. 30 December 2025

   Reported

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

   Source: Committee

8. 30 December 2025

   Reported

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

   Source: Committee

9. 12 January 2026

   Reported

   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.

   Source: Floor

10. 13 January 2026

    Vote

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

    Source: Floor

11. 13 January 2026

    Floor

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

    Source: Floor

12. 13 January 2026

    Floor

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

    Source: Floor

13. 13 January 2026

    Floor

    The previous question was ordered pursuant to the rule.

    Source: Floor

14. 13 January 2026

    Floor

    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.

    Source: Floor

15. 13 January 2026

    Floor

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

    Source: Floor

Votes

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

3 official files

• Reported in House

  Reported in House · EN · 30 December 2025

  DownloadOpen at official source

• Reported to House

  summary · EN · 30 December 2025

  Open at official source

• Introduced in House

  Introduced in House · EN · 24 March 2025

  DownloadOpen at official source

Sponsors

• Steve Womack · R · Sponsor
• Michael Baumgartner · R · Cosponsor
• Pete Sessions · R · Cosponsor
• Bruce Westerman · R · Cosponsor
• Rep. Grothman, Glenn [R-WI-6] · R · Cosponsor
• Julia Letlow · R · Cosponsor
• Rep. Messmer, Mark [R-IN-8] · R · Cosponsor
• · hsed00 · Standing

Related records

• related to ← Providing for consideration of the bill (H.R. 2988) to amend the Employee Retirement Income Security Act of 1974 to specify requirements concerning the consideration of pecuniary and non-pecuniary factors, and for other purposes; providing for consideration of the bill (H.R. 2262) to amend the Fair Labor Standards Act of 1938 to exclude certain activities from hours worked, and for other purposes; providing for consideration of the bill (H.R. 2270) to amend the Fair Labor Standards Act of 1938 to exclude child and dependent care services and payments from the rate used to compute overtime compensation; providing for consideration of the bill (H.R. 2312) to amend the Fair Labor Standards Act of 1938 to revise the definition of the term ''tipped employee'', and for other purposes; and providing for consideration of the bill (H.R. 4366) to clarify the treatment of 2 or more employers as joint employers under the National Labor Relations Act and the Fair Labor Standards Act of 1938.