Tipped Employee Protection Act

Sponsored by Rep. Steve Womack (R-AR) · 6 active : 6 Republicans

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

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Where it standsBefore the House

Hasn’t passed either chamber

House: next
Senate: not yet
President: not yet

66 representatives score as swing votes

Summary

, via Congress.gov

Summary on Congress.gov

Tipped Employee Protection Act

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.

Under current law, tipped employees may be paid less than the federal minimum wage (currently $7.25 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.

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The bill broadens the definition of tipped employee to include any worker who receives tips and other cash wages for a work period at a rate that is at least the federal minimum wage, without regard to the duties of the employee. Under the bill, the work period is a work period that is determined by the employer.

Committees and subjects

Committees

House Committee on Education and Workforce · HouseReported by · Markup by · Referred to

Subjects

Labor standards
Wages and earnings

Senate · 100 House · 433

Model

v3defaultv2

Directional: count only breaks toward the other party Why do scores change?

How the House breaks down

66Swing 70–100
206Middle 30–70
155Entrenched 0–30
6Insufficient data not ranked

Members fall into . 6 representatives don’t have enough data yet and are marked “insufficient data”. Non-voting delegates are not counted.

Key players in the House

Ranked by swing score, 0–100 · swing-v3, directional

: only movement toward the other party counts, so members who sit further from the center than their party no longer score as swing votes.

Bars show each input from 0 to 100: ideology gap, scorecard gap, , and the . is the seat’s partisan lean, and shows how much of the input data a score has.

Similar past votes, House

Earlier behind swing-v3’s input

Similar votes count toward swing-v3 in the House: total similarity weight 7.0 (needs 5.0).

H.R. 2262 · Jan 13, 2026 · Roll call 379On PassageFlexibility for Workers Education Act
FailedShared subjects×1.0
H.R. 5408 · Jun 9, 2026 · Roll call 576On PassageFaster Labor Contracts Act
PassedSame policy area×0.5
H.R. 2988 · Jan 15, 2026 · Roll call 391On PassageProtecting Prudent Investment of Retirement Savings Act
PassedSame policy area×0.5
H.R. 2988 · Jan 15, 2026 · Roll call 389On Agreeing to the Amendment
Agreed toSame policy area×0.5
H.R. 2550 · Dec 11, 2025 · Roll call 331On PassageProtect America’s Workforce Act
PassedSame policy area×0.5
H.R. 1156 · Mar 11, 2025 · Roll call 67On PassagePandemic Unemployment Fraud Enforcement Act
PassedSame policy area×0.5
H.R. 5339 · Sep 18, 2024 · Roll call 1145On PassageRETIRE Act
PassedSame policy area×0.5
H.J.Res. 98 · May 7, 2024 · Roll call 903Passage, Objections of the President To The Contrary NotwithstandingProviding for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the National Labor Relations Board relating to “Standard for Determining Joint Employer Status”
FailedSame policy area×0.5

Show 5 more

H.R. 6655 · Apr 9, 2024 · Roll call 823On Motion to Suspend the Rules and Pass, as AmendedA Stronger Workforce for America Act
PassedSame policy area×0.5
H.J.Res. 98 · Jan 12, 2024 · Roll call 728On PassageProviding for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the National Labor Relations Board relating to “Standard for Determining Joint Employer Status”
PassedSame policy area×0.5
H.R. 1163 · May 11, 2023 · Roll call 210On PassageProtecting Taxpayers and Victims of Unemployment Fraud Act
PassedSame policy area×0.5
H.J.Res. 30 · Mar 23, 2023 · Roll call 148Passage, Objections of the President To The Contrary Notwithstanding

Cosponsors

6 active

Show all 6 cosponsors

Michael Baumgartner (R-WA-5)
Pete Sessions (R-TX-17)
Bruce Westerman (R-AR-4)
Glenn Grothman (R-WI-6)
Julia Letlow (R-LA-5)
Mark B. Messmer (R-IN-8)

How the swing score works

Ideology gapHow far a member’s DW-NOMINATE voting score sits from their party’s median in the same chamber.

Scorecard gapHow far their Heritage Action and LCV ratings stray from their party’s average, using the groups’ votes on similar bills where available.

Cross-pressureHow strongly their district or state leans toward the other party, from our own computed partisan lean.

Similar votesHow often they voted against their own party on earlier roll calls about this bill or similar ones.

Committee bonusMembers of the committees handling the bill decide whether it moves, so they get a boost.

Cosponsor checkThe sponsor and active cosponsors have already committed, so they drop toward entrenched.

1
Jared F. GoldenDemocrat · Maine 2nd · Lean R+4On the ballot
Ideology gap
Scorecard gap
Cross-pressure
Similar votes
CommitteeNo committee seatBroke with party on 34% of 12 similar votesTopic-matched scorecard: LCV
95Swing
ContactCall 202-225-6306 Website
2
Marie Gluesenkamp PerezDemocrat · Washington 3rd · Lean R+2On the ballot
Ideology gap
Scorecard gap
Cross-pressure
Similar votes
CommitteeNo committee seatBroke with party on 27% of 13 similar votesTopic-matched scorecard: LCV
93Swing
ContactCall 202-225-3536 Website
3
Brian K. FitzpatrickRepublican · Pennsylvania 1st · Lean D+1On the ballot
Ideology gap
Scorecard gap
Cross-pressure
Similar votes
CommitteeNo committee seatBroke with party on 35% of 13 similar votesTopic-matched scorecard: LCV
93Swing
ContactCall 202-225-4276 Website
4
Kevin KileyIndependent · California 3rd · Lean R+2House Committee on Education and WorkforceOn the ballot
Ideology gap
Scorecard gap
Cross-pressure
Similar votes
Committee
Broke with party on 11% of 13 similar votesTopic-matched scorecard: LCV
92Swing
ContactCall
5
Michael LawlerRepublican · New York 17th · Lean D+1On the ballot
Ideology gap
Scorecard gap
Cross-pressure
Similar votes
CommitteeNo committee seatBroke with party on 20% of 13 similar votesTopic-matched scorecard: LCV
92Swing
ContactCall 202-225-6506 Website
6
Don BaconRepublican · Nebraska 2nd · Lean D+3On the ballot
Ideology gap
Scorecard gap
Cross-pressure
Similar votes
CommitteeNo committee seatBroke with party on 17% of 13 similar votesTopic-matched scorecard: LCV
91Swing
ContactCall 202-225-4155 Website
7
Henry CuellarDemocrat · Texas 28th · Lean R+2On the ballot
Ideology gap
Scorecard gap
Cross-pressure
Similar votes
CommitteeNo committee seatBroke with party on 30% of 12 similar votesTopic-matched scorecard: LCV
91Swing
ContactCall 202-225-1640 Website
8
Thomas H. KeanRepublican · New Jersey 7th · Lean EVENOn the ballot
Ideology gap
Scorecard gap
Cross-pressure
Similar votes
CommitteeNo committee seatBroke with party on 17% of 12 similar votesTopic-matched scorecard: LCV
90Swing
ContactCall 202-225-5361 Website
9
Ryan MackenzieRepublican · Pennsylvania 7th · Lean R+1House Committee on Education and WorkforceOn the ballot
Ideology gap
Scorecard gap
Cross-pressure
Similar votes
Committee
Broke with party on 10% of 6 similar votes
90Swing
ContactCall
10
Laura GillenDemocrat · New York 4th · Lean D+2On the ballot
Ideology gap
Scorecard gap
Cross-pressure
Similar votes
CommitteeNo committee seatBroke with party on 20% of 6 similar votes
89Swing
ContactCall 202-225-5516 Website