Congress Proposes Redefining Tipped Workers to Focus on Total Pay Rather Than Specific Job Tasks
The Tipped Employee Protection Act has been reported by the House committee but has not moved forward since January 2026. Nothing has happened with this bill for about five months. The House must now hold a floor vote for the bill to continue through the legislative process.
This bill’s path across every version that has carried it.
Reintroduced
Reintroduced from H.R. 1612 (118th), which died when its Congress ended.
H.R. 1612 (118th) →Scores run from -100 (strongly harmful) to +100 (strongly beneficial) for each group, combining impact, certainty, scope, and duration ratings of 1-5. How impact scoring works
Unions representing hospitality and food service workers have generally opposed efforts to weaken the duties test for tipped employees. By removing protections that limit how much side work can be done at the lower tipped wage, this bill could reduce the bargaining position of unionized tipped workers and make it harder for unions to advocate for fair treatment of workers who split time between tipped and non-tipped tasks.
POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced that further proceedings on H.R. 2312 is postponed.
On motion to recommit Failed by the Yeas and Nays: 209 - 215 (Roll no. 21).
Considered as unfinished business. (consideration: CR H694)
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.
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
On Motion to Recommit
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.
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.
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.
Document Type
Congressional Bill
Official Title
Tipped Employee Protection Act
Analysis generated by AI. Always verify with official sources.