H.R.2312 — Tipped Employee Protection Act
House Roll Call
H.R.2312
| Bill | H.R.2312 — Tipped Employee Protection Act |
|---|---|
| Vote question | On Motion to Recommit |
| Vote type | Yea-and-Nay |
| Result | Failed |
| Totals | Yea 209 / Nay 215 / Present 0 / Not Voting 7 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| R | 0 | 215 | 0 | 3 |
| D | 209 | 0 | 0 | 4 |
| I | 0 | 0 | 0 | 0 |
Research Brief
On Motion to Recommit
Bill Analysis
HR 2312 – Tipped Employee Protection Act (119th Congress)
HR 2312 amends the Fair Labor Standards Act of 1938 (FLSA) to strengthen protections for tipped workers and narrow employers’ ability to use the “tip credit” (the practice of paying a sub-minimum cash wage and counting tips toward the federal minimum wage).
Core provisions
- Clarifies and tightens the definition of a “tipped employee” and “tipped occupation,” generally requiring that an employee’s primary duties involve work that regularly produces tips.
- Restricts employers from taking a tip credit for time spent on non-tipped or minimally tipped work beyond a specified threshold (e.g., related side work or duties that do not directly generate tips). Time above that threshold must be paid at the full minimum wage without use of a tip credit.
- Codifies limits on “dual jobs” situations, where an employee performs both tipped and non-tipped roles (e.g., server and janitor), to prevent employers from applying the tip credit to clearly non-tipped work.
- Strengthens protections against unlawful retention or diversion of tips by employers, managers, or supervisors, and may expand remedies for violations (such as back pay, liquidated damages, and civil penalties).
Agencies and authorities
- The U.S. Department of Labor (DOL), particularly the Wage and Hour Division, is directed to enforce the revised standards, update regulations and guidance, and conduct outreach to employers and workers.
- DOL may receive explicit authority to issue rules clarifying permissible and impermissible uses of tip credits and tip pools.
Who is affected
- Beneficiaries: Tipped workers in restaurants, hospitality, personal services, and similar sectors, who gain clearer entitlement to full minimum wage for non-tipped work and stronger protection of their tips.
- Regulated entities: Employers using the FLSA tip credit, including restaurants, hotels, bars, salons, and similar establishments.
Timelines
- The bill typically specifies an effective date (e.g., 60–180 days after enactment) for the new standards and may set deadlines for DOL rulemaking and guidance.
- As of the latest action, House floor proceedings on HR 2312 have been postponed under Rule XIX; the bill has not been enacted and remains pending.
Yea (209)
J
Jason Crow
L
Lloyd Doggett
J
John Garamendi
J
John Mannion
L
Lucy McBath
R
Rashida Tlaib
N
Nydia Velázquez
D
Debbie Wasserman Schultz
Nay (215)
K
Ken Calvert
S
Scott Franklin
L
Lisa McClain
J
John Rutherford
D
David Schweikert
P
Pete Sessions
