I 116th CONGRESS 1st Session H. R. 3715 IN THE HOUSE OF REPRESENTATIVES July 11, 2019 Ms. Garcia of Texas introduced the following bill; which was referred to the Committee on Education and Labor A BILL To amend the Fair Labor Standards Act of 1938 to prohibit employers from keeping employees’ tips to cover the cost of financial transaction fees.

1. Short title This Act may be cited as the Protecting Employees Tips Act . 2. Prohibition on keeping tips to cover financial transaction fees Section 3(m)(2)(B) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(m)(2)(B) ) is amended by inserting , or keeping any portion of employees’ tips to cover the cost of any fee established, charged, or received by a payment card network for the purpose of compensating an issuer for its involvement in a transaction in which a person uses a debit card or credit card (as the terms debit card , credit card , issuer , and payment card network are defined in section 921(c) of the Electronic Fund Transfer Act ( 15 U.S.C. 1693o–2(c) )) after employees’ tips .