The House Committee on Education and Workforce has considered H.R. 2312, the Tipped Employee Protection Act, a bill introduced by Congressman Steve Womack of Arkansas’s Third Congressional District. The legislation aims to clarify regulations for tipped employees and address inconsistencies in current labor standards.
“Tipped employees are the foundation on which the service industry is built. Unfortunately, inconsistent regulations create unclear and uncertain operating environments for businesses that employ these workers. My bill seeks to alleviate burdensome requirements on small businesses, end regulatory confusion, and ultimately, protect tipped employees’ right to earn a living. I thank Education and Workforce Committee Chairman Tim Walberg (R-MI) for his leadership and the entire Committee for considering this important legislation,” said Congressman Womack.
Committee Chairman Tim Walberg stated during the markup, “Next, we will review H.R. 2312, the Tipped Employee Protection Act. The FLSA, written in 1938, has not kept up with the modern workplace. Tipped workers are not clearly defined in the law, and we have seen several administrations and courts interpret their rights inconsistently. The Biden-Harris administration even attempted to impose overly complex timekeeping requirements that were nearly impossible to enforce. H.R. 2312, introduced by Representative Womack, gives businesses clarity and prevents them from being hampered by confusing regulations—all while protecting the rights of tipped workers.”
Rep. Micheal Baumgartner (WA-05), a cosponsor of the bill who spoke at today’s markup, said: “This is a win for tipped workers and the Main Street businesses that employ them, because it moves us away from an unworkable 80/20 rule and toward a standard the federal government can actually enforce. By advancing the Tipped Employee Protection Act, we’re giving restaurants and businesses the flexibility they need to serve customers, protecting them from crippling penalties for minor recordkeeping errors, and allowing the Department of Labor to focus on real wage violations instead of technical paperwork traps. I am proud to work with Rep. Womack on this crucial piece of legislation because businesses don’t need federal bureaucrats micromanaging their timekeeping.”
Sean Kennedy of the National Restaurant Association commented: “Tipped employees and bartenders deserve certainty that the rules governing their livelihoods won’t change with every shift in Washington. These are skilled professionals who choose restaurant careers for their earning potential and flexibility. The current tipping system works for them, and this legislation helps protect that choice. We appreciate Rep. Womack’s leadership in championing tipped income workers and his ongoing support of restaurant owners and operators nationwide. We urge the House to act quickly and pass the Tipped Employee Protection Act to ensure stability and protect the livelihoods of millions of tipped workers.”
The committee reported favorably on H.R. 2312; it is now eligible for consideration by the full House.
Key provisions include amending how “tipped employee” is defined under federal law by removing certain interpretive language to provide more clarity; limiting judges or regulators from setting arbitrary limits on hours or duties; preserving existing wage protections so that employers must make up any difference if tips do not reach minimum wage; maintaining states’ ability to set higher minimum wages than federal law.
Steve Womack has represented Arkansas’s Third Congressional District since 2011 after succeeding John Boozman as U.S Representative (source). He was born in Russellville in 1957 (source) , graduated from Arkansas Tech University in 1979 with a BA degree (source) ,and currently lives in Rogers.
