House vote: H.R. 2312 // January 13, 2026
Tipped Employee Protection Act
Sponsor: Steve Womack (R-AR)
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. 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.
Labor and Employment Topic assigned by the Congressional Research Service.
Who won, and how much of the country was behind them
The dotted gap is 2.6% of U.S. adults whose member did not vote, voted “present,” or whose seat was vacant.
| Side | Outcome | Votes | Share of U.S. adults |
|---|---|---|---|
| Nay | Won | 215 | 50.1% |
| Yea | Lost | 209 | 47.3% |
| Not represented on this question | No position taken | 0 | 2.6% |