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.
CRS summary — Reported to House (2025-12-30)
| Date | Chamber | Question | Yea–Nay | Result | |
|---|---|---|---|---|---|
| 2026-01-13 | House | On Motion to Recommit | 209–215 | Failed |
Senate counts are senators only; a Vice President tie-breaking vote is not included (e.g. 50–50, passed).