119th CONGRESS 1st Session |
To amend the Fair Labor Standards Act of 1938 to revise the definition of the term “tipped employee”, and for other purposes.
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.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Tipped Employee Protection Act”.
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.”.