H.R. 85 (119th)Bill Overview

Small Business Flexibility Act

Labor and Employment|Labor and EmploymentWages and earnings
Cosponsors
Support
Republican
Introduced
Jan 3, 2025
Discussions
Bill Text
Current stageCommittee

Referred to the House Committee on Education and Workforce.

Introduced
Committee
Floor
President
Law
Congressional Activities
01 · The brief
Plain-English summaryWhat this bill actually does

The bill amends the Fair Labor Standards Act to expand permissible tip pools to include employees who do not customarily receive tips, provided that employees who do customarily receive tips are paid a cash wage at least equal to the federal minimum wage. In effect, employers could share tips broadly only if they do not take a federal tip credit and pay tipped employees the full minimum wage.

Why people may split

Liberal emphasizes worker equity and ending tip-credit reliance

Watch point

Relative to its intended legislative type, this bill is a focused substantive amendment to the Fair Labor Standards Act that clearly and specifically modifies tip-pooling rules by permitting mixed pools when tipped employees are paid at least the federal minimum wage.

The bill amends the Fair Labor Standards Act to expand permissible tip pools to include employees who do not customarily receive tips, provided that employees who do customarily receive tips are paid a cash wage at least equal to the federal minimum wage.

In effect, employers could share tips broadly only if they do not take a federal tip credit and pay tipped employees the full minimum wage.

The change modifies the definition of allowable tip-pool participants in 29 U.S.C. 203(m)(2).

Passage40/100

Narrow statutory tweak helps employers and contains a worker safeguard, but is politically salient to labor interests and may face opposition in the Senate.

CredibilityPartially aligned

Relative to its intended legislative type, this bill is a focused substantive amendment to the Fair Labor Standards Act that clearly and specifically modifies tip-pooling rules by permitting mixed pools when tipped employees are paid at least the federal minimum wage. It integrates cleanly with the existing statutory framework by amending a specific subsection and referencing section 6(a)(1).

Contention68/100

Liberal emphasizes worker equity and ending tip-credit reliance

02 · What it does

Who stands to gain, and who may push back.

Likely benefits vs burdens50% / 50%
EmployersEmployers

These are examples from the analysis, not a ranked list of the most-affected groups.

Likely helped
  • Potential benefitNontraditional tipped staff (e.g., kitchen, dishwashers) can receive a share of pooled tips, increasing their cash rece…
  • EmployersEmployers gain clearer authority to include broader employee groups in tip pools, reducing uncertainty about pooling le…
  • Potential benefitMay incentivize paying full minimum wage instead of taking a tip credit, clarifying wage accounting.
Likely burdened
  • Potential burdenFront‑of‑house servers risk receiving smaller tip shares when tips are redistributed to more employees.
  • EmployersEmployers might rely more on pooled tips rather than increasing base wages, shifting compensation to variable tips.
  • Potential burdenTracking wage eligibility and ensuring no tip credit violations could increase administrative and compliance burdens.
03 · Why people split

Why the argument around this bill splits.

Liberal emphasizes worker equity and ending tip-credit reliance
Progressive80%

Likely supportive because it enables tip sharing with non-tipped workers and requires tipped employees receive full minimum wage.

They will still want stronger enforcement and anti-retaliation protections to prevent employer circumvention.

Leans supportive
Centrist55%

Mixed to somewhat supportive: sees fairness benefits for non-tip employees but worries about costs and administrative burdens for small employers.

Would favor compromises like phased implementation, exemptions, or funding assistance for small businesses.

Split reaction
Conservative25%

Likely opposed because it removes federal flexibility to use the tipped-wage credit and imposes higher wage costs and regulatory requirements on employers.

Views it as federal intrusion into employer wage-setting and small-business operations.

Likely resistant
04 · Can it pass?

The path through Congress.

Introduced

Reached or meaningfully advanced

Committee

Reached or meaningfully advanced

Floor

Still ahead

President

Still ahead

Law

Still ahead

Passage likelihood40/100

Narrow statutory tweak helps employers and contains a worker safeguard, but is politically salient to labor interests and may face opposition in the Senate.

Scope and complexity
24%
Scopenarrow
24%
Complexitylow
Why this could stall
  • How federal agencies (DOL) will interpret and implement the change
  • Positions and mobilization of restaurant industry versus labor unions
05 · Recent votes

Recent votes on the bill.

No vote history yet

The bill has not accumulated any surfaced votes yet.

06 · Go deeper

Go deeper than the headline read.

Included on this page

Liberal emphasizes worker equity and ending tip-credit reliance

Narrow statutory tweak helps employers and contains a worker safeguard, but is politically salient to labor interests and may face oppositi…

Unlocked analysis

Relative to its intended legislative type, this bill is a focused substantive amendment to the Fair Labor Standards Act that clearly and specifically modifies tip-pooling rules by permitting mixed pools when tipped empl…

Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.

Perspective breakdownsPassage barriersLegislative design reviewStakeholder impact map
Open full analysis