H.R. 2312 (119th)Bill Overview

Tipped Employee Protection Act

Labor and Employment|Labor and EmploymentLabor standards
Cosponsors
Support
Republican
Introduced
Mar 24, 2025
Discussions
Bill Text
Current stageIntroduced

POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced that further proceedings on H.R. 2312 is postponed.

Introduced
Committee
Floor
President
Law
Congressional Activities
01 · The brief

This bill, the Tipped Employee Protection Act, amends the Fair Labor Standards Act definition of "tipped employee." It clarifies that tipped-employee status applies "without regard to the duties of the employee," ties tip-credit calculations to a work period set by the employer, and retains the threshold of more than $30 per month in tips.

The bill specifies examples of employer-determined work periods (day, week, 2 weeks, 28 days, or pay period) for combining tips and cash wages to meet the federal minimum wage.

Passage30/100

Modest single‑issue change but high political salience and employer costs reduce chances absent bipartisan compromise.

CredibilityPartial

How solid the drafting looks.

Contention78/100

Liberty for employers vs protections for low-wage workers.

02 · What it does

Who stands to gain, and who may push back.

Who this appears to help vs burden50% / 50%
EmployersWorkers · Employers
Likely helped
  • Targeted stakeholdersClarifies tipped-employee definition, reducing disputes over "customarily and regularly" language.
  • EmployersGives employers flexibility to choose work periods for tip averaging, easing payroll administration.
  • EmployersExpands eligibility for tip-credit treatment, potentially lowering employers' direct cash wage costs.
Likely burdened
  • WorkersAllows classification of workers as tipped regardless of duties, risking broader misclassification.
  • WorkersMay reduce regular cash wages for workers who perform substantial non-tip duties.
  • EmployersEmployer‑chosen longer work periods could allow averaging that masks short-term wage shortfalls.
03 · Why people split

Why the argument around this bill splits.

Liberty for employers vs protections for low-wage workers.
Progressive20%

Likely critical.

Seen as weakening protections that require full minimum wage pay for time spent on non-tipped duties.

May view it as enabling employers to rely on tips to meet wage obligations across variable periods.

Likely resistant
Centrist50%

Cautiously skeptical but open to compromise.

Recognizes administrative clarity and employer flexibility, while worrying about worker protections and enforcement details.

Split reaction
Conservative85%

Likely supportive.

Views bill as restoring employer flexibility, reducing regulatory uncertainty, and allowing businesses to apply tip credits across normal pay cycles.

Leans supportive
04 · Can it pass?

The path through Congress.

Introduced

Reached or meaningfully advanced

Committee

Still ahead

Floor

Still ahead

President

Still ahead

Law

Still ahead

Passage likelihood30/100

Modest single‑issue change but high political salience and employer costs reduce chances absent bipartisan compromise.

Scope and complexity
52%
Scopemoderate
24%
Complexitylow
Why this could stall
  • No CBO or budgetary estimate included
  • Level of bipartisan support unknown
05 · Recent votes

Recent votes on the bill.

06 · Go deeper

Go deeper than the headline read.

Included on this page

Liberty for employers vs protections for low-wage workers.

Modest single‑issue change but high political salience and employer costs reduce chances absent bipartisan compromise.

Unlocked analysis

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