I 115th CONGRESS 2d Session H. R. 5180 IN THE HOUSE OF REPRESENTATIVES March 6, 2018 Ms. DeLauro (for herself and Ms. Clark of Massachusetts ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Fair Labor Standards Act of 1938 to provide protections for employees receiving tips, and for other purposes.

1. Short title This Act may be cited as the “ Tip Income Protection (TIP) Act of 2018 ”. 2. Requirements for tips under the Fair Labor Standards Act of 1938 Section 3(m) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(m) ) is amended— (1) by striking receive tips. and inserting receive tips if such employees have elected for the pooling of such tips. ; and (2) by adding at the end the following: Except in the case of the pooling of tips as described in the previous sentence, all tips received by any employee, including an employee that is not a tipped employee shall be the property of, and retained by, the employee, including in the case of an employer that pays a tipped employee a cash wage that equals or exceeds the minimum wage under section 6(a). .