Tipped Employee Protection Act

Where it stands

1. Introduced Done · Mar 24, 2025
2. Committee Done · Mar 24, 2025
3. Passed House Not yet
4. Passed Senate Not yet
5. President Not yet
6. Law Not yet

From the official actions on Congress.gov.

Key points

What it changes

A plain-language summary isn't ready yet. The official summary below describes the bill.

Who it affects

A plain-language summary isn't ready yet. The official summary below describes the bill.

What it costs

The Congressional Budget Office published a cost estimate on Sep 23, 2026 (as reported by the House Committee on Education and Workforce on December 30, 2025): H.R. 2312, Tipped Employee Protection Act ↗

Where it stands

POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced that further proceedings on H.R. 2312 is postponed. (Jan 13, 2026)

What happens next

A committee would usually act on it before the full House votes.

Official 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.

Summary by the Congressional Research Service (Reported to House version), via Congress.gov. These are proposed provisions, not enacted law.

Recorded votes

1. HOUSEProceduralJan 13, 2026 · roll call 21

   On Motion to Recommit: Failed (209–215)

   This vote set how the bill is debated. It is not a vote for or against the bill.
   Votes by party

   How each party voted on roll call 21

   Party	Yes	No	Present	Did not vote	Share voting Yes
   Democratic	209	0	0	4
   Republican	0	215	0	3
   Independent	0	0	0	0

   Party totals from the official roll call.

   Map: how each state voted

   All voted YesSplitAll voted NoNo Yes or No votes

   Each state is shaded by the share of its U.S. House members who voted Yes, out of those who voted Yes or No. Colors show the vote, not party.

   Office of the Clerk, U.S. House ↗ — includes how every member voted

Vote types come from the official question text. How we label votes

Legislative history

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.
2. Jan 13, 2026On motion to recommit Failed by the Yeas and Nays: 209 - 215 (Roll no. 21).
3. Jan 13, 2026Considered as unfinished business. (consideration: CR H694)
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.
5. Jan 13, 2026The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
6. Jan 13, 2026Ms. Budzinski moved to recommit to the Committee on Education and Workforce. (text: CR H690-691)
7. Jan 13, 2026The previous question was ordered pursuant to the rule.
8. Jan 13, 2026DEBATE - The House proceeded with one hour of debate on H.R. 2312.
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.
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)
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.
12. Dec 30, 2025Placed on the Union Calendar, Calendar No. 366.
13. Dec 30, 2025Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-420.
14. Dec 30, 2025Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-420.
15. Nov 20, 2025Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 15.
16. Nov 20, 2025Committee Consideration and Mark-up Session Held
17. Mar 24, 2025Referred to the House Committee on Education and Workforce.
18. Mar 24, 2025Introduced in House
19. Mar 24, 2025Introduced in House