HOUSERoll Call 21 · Jan 13, 2026, 11:04 PMrecommit

On Motion to Recommit: H R 2312 Tipped Employee Protection Act

H.R. 2312
209YEA215NAY
Failed
H.R. 2312Required: 1/2Source →
CRS SUMMARY PREVIEW

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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PARTY BREAKDOWN

Democratic100% unity
Yea: 209Nay: 0NV: 4
Republican100% unity
Yea: 0Nay: 215NV: 3

ALL VOTES (431)

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