March 24, 2025
Mr. Womack introduced the following bill; which was referred to the Committee on Education and Workforce
To amend the Fair Labor Standards Act of 1938 to revise the definition of the term tipped employee
, and for other purposes.
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.