S781-118

1. Short title This Act may be cited as the Tipped Employee Protection Act.

2. Tipped employees Section 3(t) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(t)) is amended— by striking (t) and inserting (t)(1); 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 by adding at the end the following: 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. (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..