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 work period described in paragraph (2) at a rate that, when combined with the cash wage required under subsection (m)(2)(A)(i), is not less than the wage in effect under section 6(a)(1).”; and
by adding at the end the following:
“(2) A work period described in this paragraph is a work period that is determined by the employer of the employee, such as a work period of 1 day, 1 week, every 2 weeks, every 28 days, or every pay period.”