[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5180 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 5180

 To amend the Fair Labor Standards Act of 1938 to provide protections 
         for employees receiving tips, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 6, 2018

Ms. DeLauro (for herself and Ms. Clark of Massachusetts) introduced the 
 following bill; which was referred to the Committee on Education and 
                             the Workforce

_______________________________________________________________________

                                 A BILL


 
 To amend the Fair Labor Standards Act of 1938 to provide protections 
         for employees receiving tips, 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 ``Tip Income Protection (TIP) Act of 
2018''.

SEC. 2. REQUIREMENTS FOR TIPS UNDER THE FAIR LABOR STANDARDS ACT OF 
              1938.

    Section 3(m) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
203(m)) is amended--
            (1) by striking ``receive tips.'' and inserting ``receive 
        tips if such employees have elected for the pooling of such 
        tips.''; and
            (2) by adding at the end the following: ``Except in the 
        case of the pooling of tips as described in the previous 
        sentence, all tips received by any employee, including an 
        employee that is not a tipped employee shall be the property 
        of, and retained by, the employee, including in the case of an 
        employer that pays a tipped employee a cash wage that equals or 
        exceeds the minimum wage under section 6(a).''.
                                 <all>