Section 1 Short title
This Act may be cited as the “Tipped Employee Protection Act”.
Tipped Employee Protection Act
A BILL
To amend the Fair Labor Standards Act of 1938 to revise the definition of the term tipped employee, and for other purposes.
Sec. 2 Tipped employees
Section 3(t) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(t)) is amended—
by striking “(t)” and inserting “(t)(1)”;
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
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.”