Congress·Reported·H.R. 2312

Congress Proposes Redefining Tipped Workers to Focus on Total Pay Rather Than Specific Job Tasks

Tipped Employee Protection Act

2 months ago·View on Congress.gov

Legislative Progress

House

Senate

President

Law

Key Points

This bill changes the legal definition of a 'tipped employee' under federal law. Currently, the law says a worker is a tipped employee if they usually make more than $30 a month in tips. This bill would remove that specific dollar limit.
Under the new rule, a worker is considered a tipped employee as long as their base pay plus their tips add up to at least the federal minimum wage. This would apply regardless of the specific tasks the employee does during their shift, such as cleaning or preparing food.
Business owners would be allowed to choose the 'work period' used to check if a worker's pay meets the minimum wage. This timeframe could be a single day, a week, or a full pay period.
This change is significant because it would likely remove current rules that limit how much time a tipped worker can spend on 'side work' (like rolling silverware) while being paid a lower tipped wage. It aims to simplify how businesses track pay for staff who perform multiple roles.
The bill was introduced by Representative Womack and has been moved forward by a House committee for further consideration by the full House of Representatives.

Labor EmploymentEconomy Finance

Impact Analysis

Personal Impact

Who is affectedScoreImpactCertaintyScopeDurationSentiment

Scores: 1 = low, 5 = highSentiment: -5 to +5 (net benefit)

Milestones

3 milestones17 actions

Jan 13, 2026House

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

Jan 13, 2026House

On motion to recommit Failed by the Yeas and Nays: 209 - 215 (Roll no. 21).

Jan 13, 2026House

Considered as unfinished business. (consideration: CR H694)

Jan 13, 2026House

POSTPONED 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.

Jan 13, 2026House

The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.

What Happens Next

Projected impacts based on AI analysis

Early-to-mid 2026

Full House votes on the bill

If the House passes the bill, it moves to the Senate. No changes to worker pay happen yet.

Vote Results

1 vote

HouseFailedAmendmentJan 13, 2026

On Motion to Recommit

209

215

Democrat

209 – 0 · 4

Republican

0 – 215 · 3

View full roll call

Related News

4 articles

Bloomberg Government·2 months ago

GOP Spikes Legislation Widening Tipped Worker Wage Loophole

House Republican leaders pulled the Tipped Employee Protection Act (H.R. 2312) from the floor after a surprise defeat on a related labor bill. The measure would have broadened the definition of 'tipped employee' and codified elements of a Trump-era rule regarding non-tipped duties.

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Bloomberg Law·2 months ago

Punching In: House GOP Pushes—Again—on Defining a Joint Employer

The House is expected to vote on the Tipped Employee Protection Act, which would adjust the standards governing who is a tipped employee and the type of work they can perform. The bill is part of a broader GOP effort to modernize the Fair Labor Standards Act and reduce regulatory whiplash.

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Tax Notes·2 months ago

House Tipped Worker Bill Unlikely to Affect OBBBA Deduction

Experts suggest that H.R. 2312 is primarily a labor-focused bill rather than a tax measure. While it clarifies the FLSA definition of a tipped worker by removing the $30 monthly threshold, it is unlikely to impact existing tip-related tax deductions created by previous legislation.

Related Bills

1 bill

H.Res. 988Related bill

Providing for consideration of the bill (H.R. 2988) to amend the Employee Retirement Income Security Act of 1974 to specify requirements concerning the consideration of pecuniary and non-pecuniary factors, and for other purposes; providing for consideration of the bill (H.R. 2262) to amend the Fair Labor Standards Act of 1938 to exclude certain activities from hours worked, and for other purposes; providing for consideration of the bill (H.R. 2270) to amend the Fair Labor Standards Act of 1938 to exclude child and dependent care services and payments from the rate used to compute overtime compensation; providing for consideration of the bill (H.R. 2312) to amend the Fair Labor Standards Act of 1938 to revise the definition of the term ''tipped employee'', and for other purposes; and providing for consideration of the bill (H.R. 4366) to clarify the treatment of 2 or more employers as joint employers under the National Labor Relations Act and the Fair Labor Standards Act of 1938.

Jan 13 — Motion to reconsider laid on the table Agreed to without objection.