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Tipped Employee Protection Act
1/15/2026, 5:11 PM
Summary of Bill HR 2312
Bill 119 HR 2312 aims to amend the Fair Labor Standards Act of 1938 by revising the definition of the term "tipped employee." The bill seeks to address issues related to tipped workers, who often rely on gratuities as a significant portion of their income.
The proposed changes in the bill would impact how tipped employees are compensated, potentially affecting their wages and working conditions. The bill also includes provisions for other purposes related to labor standards and employee rights.
Overall, Bill 119 HR 2312 is focused on updating and modernizing the regulations surrounding tipped employees to ensure fair treatment and compensation for workers in this sector. The bill is currently under consideration in the US Congress and may undergo further revisions before potentially becoming law.
The proposed changes in the bill would impact how tipped employees are compensated, potentially affecting their wages and working conditions. The bill also includes provisions for other purposes related to labor standards and employee rights.
Overall, Bill 119 HR 2312 is focused on updating and modernizing the regulations surrounding tipped employees to ensure fair treatment and compensation for workers in this sector. The bill is currently under consideration in the US Congress and may undergo further revisions before potentially becoming law.
Congressional Summary of HR 2312
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.
Read the Full Bill
Current Status of Bill HR 2312
Bill HR 2312 is currently in the status of Failed in House since January 13, 2026. Bill HR 2312 was introduced during Congress 119 and was introduced to the House on March 24, 2025. Bill HR 2312's most recent activity was POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced that further proceedings on H.R. 2312 is postponed. as of January 13, 2026
Bipartisan Support of Bill HR 2312
Total Number of Sponsors
1Democrat Sponsors
0Republican Sponsors
1Unaffiliated Sponsors
0Total Number of Cosponsors
7Democrat Cosponsors
0Republican Cosponsors
7Unaffiliated Cosponsors
0Policy Area and Potential Impact of Bill HR 2312
Primary Policy Focus
Labor and EmploymentAlternate Title(s) of Bill HR 2312
To amend the Fair Labor Standards Act of 1938 to revise the definition of the term "tipped employee", and for other purposes.
To amend the Fair Labor Standards Act of 1938 to revise the definition of the term "tipped employee", and for other purposes.
Comments
Sponsors and Cosponsors of HR 2312
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