I 118th CONGRESS 1st Session H. R. 1612 IN THE HOUSE OF REPRESENTATIVES March 14, 2023 Mr. Womack (for himself and Mr. Sessions ) 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 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. .