HR 2312 United States House · 119th Congress

Tipped Employee Protection Act

This bill amends the Fair Labor Standards Act to change how tipped employees' wages are calculated. It removes the previous requirement that tipped workers must "customarily and regularly receive more than $30 a month in tips" to qualify for the lower cash wage rate. Instead, it requires that the combined cash wage plus tips must equal or exceed the standard federal minimum wage for the pay period chosen by the employer (ranging from daily to monthly). The bill directly affects restaurant servers, bartenders, and other tipped workers who receive cash wages plus tips. It simplifies wage calculations for employers while ensuring tipped employees earn at least the full minimum wage when tips are included.
Bill status in committee 2 of 4 stages cleared
Introduction
Mar 2025
Committee Review
Jan 2026
House Failed
Jan 2026
President
Introduced Mar 24, 2025 Last action Jan 13, 2026
Floor votes · House Jan 13, 2026

How they voted

209215
Failed · 7 other
Total votes 431
Jan 13, 2026
D Democratic213
209 Yea 4
98% Yea
I Independent1
1 Nay
100% Nay
R Republican217
214 Nay 3
98% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
18
Key actions
4
Committee
5
Amendments
2
Jan 13, 2026
Lower · Passed
Ms. Budzinski moved to recommit to the Committee on Education and Workforce. (text: CR H690-691)
lower
Jan 13, 2026
Introduced
Considered under the provisions of rule H. Res. 988. (consideration: CR H685-691; text of amendment in the nature of a substitute: CR H685)
lower
Jan 13, 2026
Vote failed
House Vote: Failed (209-215-7)
house
Jan 12, 2026
Lower · Passed
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.
lower
Dec 30, 2025
Lower · Passed
Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-420.
lower
Nov 20, 2025
Introduced
Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 15.
lower
Nov 20, 2025
Lower · Passed
Committee Consideration and Mark-up Session Held
lower
Mar 24, 2025
Committee
Referred to the House Committee on Education and Workforce.
lower
Mar 24, 2025
Introduced
Introduced in House
lower
1 primary · 6 co-sponsors

Sponsors