Section 1. Short title
This Act may be cited as the Tipped Employee Protection Act.
Section 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 work period described in paragraph (2) at a rate that, when combined with the cash wage required under subsection (m)(2)(A)(i), is not less than the wage in effect under section 6(a)(1).; and
(3) by adding at the end the following:
(2) A work period described in this paragraph is a work period that is determined by the employer of the employee, such as a work period of 1 day, 1 week, every 2 weeks, every 28 days, or every pay period.