[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 781 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                 S. 781

To amend the Fair Labor Standards Act of 1938 to revise the definition 
        of the term ``tipped employee'', and for other purposes.


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                   IN THE SENATE OF THE UNITED STATES

                             March 14, 2023

   Mr. Braun introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

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                                 A BILL


 
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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