H.R. 2312Tipped Employee Protection Act

1 recorded actionWhat the measure does Read on Congress.gov

Sponsor: Steve Womack [R-AR-03]
Cosponsors: 6 · 6 Republicans
Policy area: Labor and Employment
Committee: Education and Workforce Committee
Latest action: Jan 13, 2026 · POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced that further proceedings on H.R. 2312 is postponed.

IntroducedMar 24, 2025
Passed the HouseNot yet reached
Passed the SenateNot yet reached
Sent to the PresidentNot yet reached
Became lawNot yet reached

What the measure doesCRS summary

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.

Written by the nonpartisan Congressional Research Service, describing H.R. 2312 as reported to House on Dec 30, 2025. It is not the text of the measure; a later amendment may have changed what it does.

How every member votedHouse roll call 21

House Jan 13, 2026

On Motion to Recommit

Tipped Employee Protection Act

Failed

209 Yea 215 Nay 7 not voting

Party-line vote No voting member broke with their own party.

Open the official roll call

How the chamber split

One dot per member. Select a seat or a bar to filter the list.

DemocratsIndependentsRepublicansFilled: YeaRing: NayGrey: not voting or present

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All members431 members

Democratic213 members

Independent1 member

Republican217 members

marks half of the votes cast. A party’s majority is the side most of its voting members took.

Cosponsors6 · 6 Republicans

Signing on is not a vote: a member can cosponsor H.R. 2312 and vote against it. 0 signed when it was filed.

RMichael Baumgartner [R-WA-05]Joined Apr 9, 20252026 profile

RPete Sessions [R-TX-17]Joined Oct 17, 20252026 profile

RBruce Westerman [R-AR-04]Joined Oct 21, 20252026 profile

RGlenn Grothman [R-WI-06]Joined Nov 7, 20252026 profile

RJulia Letlow [R-LA-05]Joined Nov 17, 2025

RMark B. Messmer [R-IN-08]Joined Nov 17, 20252026 profile

Loading the public record

H.R. 2312Tipped Employee Protection Act

What the measure doesCRS summary

How every member votedHouse roll call 21

On Motion to Recommit

How the chamber split

Cosponsors6 · 6 Republicans

H.R. 2312Tipped Employee Protection Act

What the measure doesCRS summary

How every member votedHouse roll call 21

On Motion to Recommit

How the chamber split

Cosponsors6 · 6 Republicans

Who lobbied on H.R. 23126 organizations

Who lobbied on H.R. 23126 organizations