Tipped Employee Protection Act
This bill modifies the definition of a tipped employee under the Fair Labor Standards Act of 1938 to exclude consideration of an employee's duties when determining the combined amount of tips and direct wages an employee receives for the purpose of an employer meeting the minimum wage requirements.
Under the bill, an employer may pay a tipped employee the tipped minimum wage for tasks that are not related to tipped work as long as the employee's combined tips and direct wages total at least the $7.25 federal minimum wage.
Current Department of Labor rules prohibit an employer from paying the tipped minimum wage for tasks that are not related to tipped work.
To amend the Fair Labor Standards Act of 1938 to revise the definition 
        of the term ``tipped employee'', and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tipped Employee Protection Act''.

SEC. 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.''.
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Tipped Employee Protection Act
To amend the Fair Labor Standards Act of 1938 to revise the definition of the term "tipped employee", and for other purposes.
Tipped Employee Protection Act
Rep. Womack, Steve