Federal Legislation
Congress Revises Tipped Employee Definition
December 30, 2025
Congress has amended the Fair Labor Standards Act through the Tipped Employee Protection Act (H.R. 2312), redefining "tipped employee" to mean workers whose combined tips and wages meet or exceed the federal minimum wage, regardless of duties performed. This legislative change removes the previous $30 monthly tip threshold and the 80/20 timekeeping standard, simplifying compliance requirements for employers in industries reliant on tipped labor such as hospitality and food services. Procurement professionals and contractors in these sectors should assess the impact on labor cost structures and contract compliance as this may affect wage calculations and labor budgeting.
- The Department of Labor (DOL) will update regulations and enforcement practices to align with the new definition, affecting wage and hour compliance oversight.
- Organizations contracting with federal agencies or receiving federal funds should review labor cost assumptions and ensure contracts reflect the revised wage standards.
- This change may reduce administrative burdens related to tip tracking but could introduce wage stability considerations impacting workforce management and contract pricing.
- Procurement teams should engage with legal and HR advisors to understand implications for contract terms, labor compliance, and potential adjustments in service delivery costs.
This bill removes the outdated $30 threshold and uproots the tedious tracking requirements in DOL regulations by simply clarifying that a worker who receives tips and other wages must earn at least the federal minimum wage for all hours worked.
— Jonathan Wolfson
Agencies
Committee on Education and Workforce, Subcommittee on Workforce Protections, Department of Labor, House of Representatives, Congressional Budget Office
Locations
Sources
- H. Rept. 119-420 - TIPPED EMPLOYEE PROTECTION ACT · congress · Dec 30
- H. Rept. 119-420 - TIPPED EMPLOYEE PROTECTION ACT · congress · Dec 30