HR2312119th CongressWALLET

Tipped Employee Protection Act

Sponsored By: Representative Womack

In Committee

Summary

This changes the tipped-employee rule so a tipped employee's tips plus required cash wage must equal at least the federal minimum wage during each employer-defined work period. It removes the old $30 per month tipping test and lets employers pick the work period (examples: 1 day, 1 week, every 2 weeks, every 28 days, or every pay period).

Show full summary
  • Families and tipped workers: Gives workers clearer minimum-wage protection by tying tip credit to each work period instead of a $30 monthly threshold. It helps during low-tip days or weeks.
  • Employers: Requires employers to pick a work period and ensure tips plus the cash wage meet the federal minimum in that period. That may change payroll calculations and pay practices.
  • Payroll and compliance: Requires employers to track tips and cash wages by the chosen period for tip-credit compliance. Employers may face more recordkeeping and liability risk.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

New tipped-worker pay test

This bill would change when a worker counts as a "tipped employee." It would remove the old $30-per-month rule. The employer would pick a work period (for example: 1 day, 1 week, every 2 weeks, every 28 days, or each pay period). For each work period, tips plus the cash wage the employer pays would have to be at least the federal minimum wage for that period. If enacted, this would change when employers can take a tip credit and could raise or shift take-home pay for tipped workers.

Sponsors & CoSponsors

Sponsor

Womack

AR • R

Cosponsors

  • Rep. Baumgartner, Michael [R-WA-5]

    WA • R

    Sponsored 4/9/2025

  • Sessions

    TX • R

    Sponsored 10/17/2025

  • Rep. Westerman, Bruce [R-AR-4]

    AR • R

    Sponsored 10/21/2025

  • Rep. Grothman, Glenn [R-WI-6]

    WI • R

    Sponsored 11/7/2025

  • Rep. Letlow, Julia [R-LA-5]

    LA • R

    Sponsored 11/17/2025

  • Messmer

    IN • R

    Sponsored 11/17/2025

Roll Call Votes

All Roll Calls

Yes: 209 • No: 215

house vote • 1/13/2026

On Motion to Recommit

Yes: 209 • No: 215

View on Congress.gov
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