H. R. 5180
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
To amend the Fair Labor Standards Act of 1938 to provide protections for employees receiving tips, and for other purposes.
This Act may be cited as the “Tip Income Protection (TIP) Act of 2018”.
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—
receive tips. and inserting
receive tips if such employees have elected for the pooling of such tips.; and
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)..