Tipped Employee Protection Act
This bill modifies the definition of a tipped employee under the Fair Labor Standards Act of 1938 to exclude consideration of an employee's duties when determining the combined amount of tips and direct wages an employee receives for the purpose of an employer meeting the minimum wage requirements.
Under the bill, an employer may pay a tipped employee the tipped minimum wage for tasks that are not related to tipped work as long as the employee's combined tips and direct wages total at least the $7.25 federal minimum wage.
Current Department of Labor rules prohibit an employer from paying the tipped minimum wage for tasks that are not related to tipped work.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1612 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1612
To amend the Fair Labor Standards Act of 1938 to revise the definition
of the term ``tipped employee'', and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 14, 2023
Mr. Womack (for himself and Mr. Sessions) introduced the following
bill; which was referred to the Committee on Education and the
Workforce
_______________________________________________________________________
A BILL
To amend the Fair Labor Standards Act of 1938 to revise the definition
of the term ``tipped employee'', and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tipped Employee Protection Act''.
SEC. 2. TIPPED EMPLOYEES.
Section 3(t) of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(t)) is amended--
(1) by striking ``(t)'' and inserting ``(t)(1)'';
(2) by striking ``engaged in an occupation in which he
customarily and regularly receives more than $30 a month in
tips.'' and inserting ``, without regard to the duties of the
employee, who receives tips and other cash wages for a period
described in paragraph (2) at a rate that when combined with
the cash wage required under subsection (m)(2)(A)(i) is greater
than or equal to the wage in effect under section 6(a)(1).'';
and
(3) by adding at the end the following:
``(2) The period described in this paragraph may be (as determined
by the employer) a period of 1 day, 1 week, every other week, every pay
period, or 1 month.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
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