Weekly Update
Protecting Tipped Workers
This week, the House Committee on Education and Workforce considered my bill, H.R. 2312, the Tipped Employee Protection Act. I was extremely grateful to the committee’s Chairman Tim Walberg (MI-05) for including this important legislation.
Let me tell you why this bill matters.
Restaurants, most of which are small businesses, operate on tight margins. Because of this, many depend on the current tipped wage system to operate. The structure allows employees who work for tips to receive a subminimum wage as long as the employee’s take-home pay is greater than or equal to the statutory minimum wage.
This system is also good for tipped employees who can maximize their earning potential. In fact, research shows that servers at full-service restaurants earn over twice the federal minimum wage.
However, conflicting guidance and rules that can change with different Administrations create a regulatory rollercoaster for restaurant owners and their staff. For example, the Biden Administration issued a rule on dual jobs for tipped employees or the “80/20/30” rule that piled burdensome reporting requirements on the restaurant industry’s already-full plate. While the rule was later struck down in court, the potential for an ever-changing regulatory landscape makes it difficult for businesses to plan.
My bill, the Tipped Employee Protection Act, provides a solution. It preserves the tipped wage and protections in the Fair Labor Standards Act (FLSA). It also provides clarity and simplicity in categorizing workers as tipped employees.
But don’t just take it from me.
During the hearing, Chairman Walberg delivered the following remarks, “The FLSA, written in 1938, has not kept up with the modern workplace. Tipped workers are not clearly defined in the law, and we have seen several administrations and courts interpret their rights inconsistently. The Biden-Harris administration even attempted to impose overly complex timekeeping requirements that were nearly impossible to enforce. H.R. 2312, introduced by Representative Womack, gives businesses clarity and prevents them from being hampered by confusing regulations—all while protecting the rights of tipped workers.”
Rep. Micheal Baumgartner (WA-05), a cosponsor of the bill, said, “This change gives businesses more flexibility and protects them from unfair, crippling penalties for minor record keeping mistakes. The bill resolves longstanding issues that have been the subject of expensive litigation and ensures that the federal government does not set a standard that it cannot reasonably expect to enforce. Also, it helps the Department of Labor focus on real wage violations instead of technical paperwork issues. […] Business don’t need federal bureaucrats micromanaging their timekeeping.”
And Chairman of the House Agriculture Committee Glenn “GT” Thompson (PA-15) said, “The Tipped Employee Protection Act would put an end to the regulatory whiplash brought about by the long history of regulations and court decisions, creating uncertainty for these workers. […] This bill is a commonsense solution to what has become a regulatory whiplash mess over many decades, and I urge all members to vote YES.”
Fortunately, my bill was advanced out of committee and is now eligible to be considered by the entire House. That’s good news for Arkansas’s tipped workers and the small businesses that employ them.
Read more HERE.
On the House Floor
The House was back in action this week after Members voted to reopen the federal government. Top of mind for many was a critical vote on whether to release all documents and records related to the crimes of Jeffrey Epstein.
This vote was triggered when newly sworn-in Representative Adelita Grijalva (AZ-07) signed onto a discharge petition led by Representative Thomas Massie (KY-04) and Ro Khanna (CA-17). With Representative Grijalva as the 218th signer, the petition reached the threshold required to force the House to hold a vote.
That final vote took place on Tuesday. Unfortunately, I was unable to be in Washington, D.C., due to a family member’s serious medical issue that required my attention back home. But I want to be clear: Had I been in D.C., I would have voted in support of H.R. 4405, the Epstein Files Transparency Act.
Read my full statement HERE.
Beyond the Epstein vote, the House also advanced several other important measures this week:
A measure to repeal a provision allowing Senators to retroactively sue the federal government over subpoenaed phone records. This self-serving language was added to the package to reopen the government at the eleventh hour without proper process.
The District of Columbia Cash Bail Reform Act of 2025, which ensures that violent offenders remain off the streets while awaiting trial and those charged with public safety or order offenses must pay cash bail or a bail bond.
The Common-Sense Law Enforcement and Accountability Now in D.C. Act of 2025, which strengthens law enforcement’s ability to carry out their duties reasonably and without fear of retribution.
The REFINER Act, which requires the National Petroleum Council to study opportunities to expand American refining capacity to unleash American energy and lower prices for consumers.
The Unlocking Our Domestic LNG Potential Act of 2025, which lifts restrictions on the export of natural gas. Removing unnecessary export controls on LNG will strengthen the domestic economy and increase the energy security of the U.S. and our allies.
I would have voted in support of each of these pieces of legislation had I been in Washington, D.C. this week.
I’ve always known my perfect voting record would eventually come to an end, and after nearly 15 years and 8,823 consecutive votes, that day arrived this week. I am eternally grateful for your prayers and support during this difficult time.
I take my job representing the people of Arkansas’s Third District seriously and I look forward to continuing my work serving you.
Have a great weekend ahead, and I hope to see you around! Be sure to check out my website, X, and Instagram pages in the meantime. |