1. Short title This Act may be cited as the Tipped Worker Protection Act . 2. Scheduled repeal of separate minimum wage for tipped employees (a) In general (1) Repeal Section 3(m)(2)(B) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(m)(2)(A) ), as so redesignated by section 3(a) and as amended by section 3(b) of this Act, is amended by striking the sentence beginning with In determining the wage an employer is required to pay a tipped employee, and all that follows through of this subsection. and inserting The wage required to be paid to a tipped employee shall be the wage set forth in section 6(a)(1). . (2) Conforming amendments (A) Retention of tips Section 3(m)(2)(C) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(m)(2)(B) ), as so redesignated by section 3(a) and as amended by section 3(c) of this Act, is further amended in clause (i) of such section 3(m)(2)(C) by striking Regardless of whether or not an employer takes a tip credit, the employer and inserting An employer . (B) Status as a tipped employee Subsection (t) of section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ) is repealed. (C) Penalties Section 16 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216 ), as amended by this Act, is further amended— (i) in subsection (b), by striking the sum of any tip credit taken by the employer and all such tips unlawfully kept by the employer and inserting the sum of all such tips unlawfully used or kept by the employer