Tipped Employee Protection Act

Bill: 117-s-5241
Sponsor: full_name: Sen. Braun, Mike [R-IN]
Introduced: 2022-12-13
Policy area: Labor and Employment
Latest action: action_date: 2022-12-13
text: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Summaries:
action_date: 2022-12-13
action_desc: Introduced in Senate
text: <p><b>Tipped Employee Protection Act</b></p> <p>This bill modifies the definition of a <i>tipped employee</i> under the Fair Labor Standards Act of 1938 to exclude consideration of an employee's duties when determining the combined amount of tips and direct wages an employee receives for the purpose of an employer meeting the minimum wage requirements.</p> <p>Under the bill, an employer may pay a tipped employee the tipped minimum wage for tasks that are not related to tipped work as long as the employee's combined tips and direct wages total at least the $7.25 federal minimum wage.</p> <p>Current Department of Labor rules prohibit an employer from paying the tipped minimum wage for tasks that are not related to tipped work.</p>

tv_txt: II 117th CONGRESS 2d Session S. 5241 IN THE SENATE OF THE UNITED STATES December 13, 2022 Mr. Braun introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Fair Labor Standards Act of 1938 to revise the definition of the term tipped employee , and for other purposes.

1. Short title This Act may be cited as the Tipped Employee Protection Act . 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. .