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119th Congress Labor and Employment

H.R. 2312: Tipped Employee Protection Act

ReportedDec 30, 2025

  1. Introduced (completed)Mar 24, 2025
  2. Passed House (not reached)
  3. Passed Senate (not reached)
  4. To the President (not reached)
  5. Became law (not reached)

Summary

Reported to House, Dec 30, 2025

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.

Written by the Congressional Research Service, Library of Congress.

Roll calls

1 vote on this bill

Showing 1 of 1 roll calls

  • Jan 13, 2026HouseMotion to recommitFailed, yea-nay 209–215
    Roll call 21 tally by party
    PartyYeaNayPresentNot voting
    Democrats209004
    Republicans021403
    Independents0100
    Total20921507

    House roll call 21: On Motion to Recommit. Failed.

    How each member voted (431)

Amendments

0 offered

No amendments were offered to this bill.

Cosponsors

6

Who scored on this bill

32 points earned
  1. 1Steve Womack R-AR SponsorIntroduced, marked up, reported3 events+32
See all scorers and every scoring event

Introductions and cosponsorships count toward weekly caps and show no points.

Other bills by Steve Womack

History

  1. Mar 24, 2025Introduced in the House by Steve Womack.
Show the full action history (17 actions)
  1. 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)
  2. 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.
  3. Jan 13, 2026DEBATE - The House proceeded with one hour of debate on H.R. 2312.
  4. Jan 13, 2026The previous question was ordered pursuant to the rule.
  5. Jan 13, 2026Ms. Budzinski moved to recommit to the Committee on Education and Workforce. (text: CR H690-691)
  6. Jan 13, 2026The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
  7. 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.
  8. Jan 13, 2026Considered as unfinished business. (consideration: CR H694)
  9. Jan 13, 2026On motion to recommit Failed by the Yeas and Nays: 209 - 215 (Roll no. 21).
  10. Jan 13, 2026POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced that further proceedings on H.R. 2312 is postponed.
  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, 2025Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-420.
  13. Dec 30, 2025Placed on the Union Calendar, Calendar No. 366.
  14. Nov 20, 2025Committee Consideration and Mark-up Session Held
  15. Nov 20, 2025Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 15.
  16. Mar 24, 2025Introduced in House
  17. Mar 24, 2025Referred to the House Committee on Education and Workforce.