On Motion to Recommit · Tuesday, January 13, 2026 · 119th Congress, 2nd session
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.
209–215
Failed
TALLY
BY PARTY
| PARTY | YEA | NAY | NV |
|---|---|---|---|
| Republican | 0 | 214 | 3 |
| Democrat | 209 | 0 | 4 |
| Independent | 0 | 1 | 0 |
CROSSED THE PARTY LINE
0
Republicans voted Yea
0
Democrats voted Nay