H.R. 2870 the "Working Families Flexibility Act"; H.R. 2312 the "Tipped Employee Protection Act"; H.R. 2299 the "Ensuring Workers Get PAID Act of 2025

Education and Workforce MarkupsHouse Education and Workforce · 2025-11-20 · 119th Congress
The House Committee on Education and Workforce met to mark up three bills amending the Fair Labor Standards Act: H.R. Begins at 0:00:32
Transcript
Highlights

Title

Markup of three FLSA bills on overtime, tipped wages, and wage theft self-audits

Purpose

The House Committee on Education and Workforce met to mark up three bills amending the Fair Labor Standards Act: H.R. 2870 (Working Families Flexibility Act), allowing private-sector comp time in lieu of overtime pay; H.R. 2312 (Tipped Employee Protection Act), redefining "tipped employee"; and H.R. 2299 (Ensuring Workers Get PAID Act), permanently authorizing the Labor Department's PAID self-audit program. The committee also welcomed new member Representative Adelita Grijalva before proceeding to amendments, debate, and votes on all three bills. Begins at0:00:32

Who spoke

Chairman (Education and Workforce Committee)0:00:32: Opened the markup, explained the three bills as modernizing the FLSA and expanding worker flexibility0:05:18, and presided over debate and votes throughout.

Ranking Member Robert "Bobby" Scott (D-VA)0:08:33: Opposed all three bills, arguing H.R. 2870 strips overtime pay0:09:45, H.R. 2312 expands the subminimum wage0:11:34, and H.R. 2299 codifies a PAID program that recovered only $4 million from 74 employers versus $200 million recovered via 20,000 DOL enforcement actions in FY20230:13:53; later detailed harms of the Gothman amendment and PAID program [0:24:25, 4:22:57 area — see 1:20:57].

Rep. Adelita Grijalva (D-AZ)0:03:47: Thanked the committee for welcoming her, described her 20 years on the Tucson Unified School District board and juvenile diversion work0:03:47, and said the current administration "continues to attack public education"0:04:15.

Rep. Mary Miller (R-IL)0:16:50: Introduced the H.R. 2870 amendment in the nature of a substitute, explaining it gives private workers the same comp-time choice federal employees have had since 19860:17:23 and that participation is voluntary with a cash-out option0:18:45.

A committee member (California, opposing H.R. 2870)0:19:21: Argued comp time is "not fair pay for a day's work," calling it "a scam" since employers, not employees, control scheduling0:20:18, and touted the Restoring Overtime Pay Act raising the threshold to the 55th percentile of earnings0:22:53.

Rep. Lucy McBath (D-GA)0:23:54: Said the "voluntary" framing ignores retaliation risk for subordinate workers0:24:45 and argued Congress could support paid leave broadly rather than pressuring workers into comp time0:26:22.

A committee member (Pennsylvania, supporting H.R. 2870)0:28:08: Said the bill ends a "double standard" between public and private sector workers on comp time0:28:34 and stressed the voluntary, reversible nature of the choice0:29:49.

Rep. Alma Adams (D-NC)0:30:27: Said she co-leads the Restoring Overtime Pay Act0:30:56 and warned workers aren't guaranteed timely access to earned comp time in an emergency0:31:15.

Rep. Tim Bumgardner (Bombgardner) (R-WA)0:40:25: Introduced the H.R. 2312 amendment, explaining the bill replaces the 1988 "80/20 rule" on tipped-worker duties with a simple tips-plus-wages test to reduce compliance burden0:41:00; later explained the H.R. 2299 process procedurally1:09:52.

A committee member (California, opposing H.R. 2312)0:43:32: Said the bill lets employers reclassify workers like valets and manicurists as tipped to pay the $2.13/hour subminimum wage0:44:31, calling it "shameful"0:46:07.

Rep. Lucy McBath (D-GA)0:46:42 (H.R. 2312): Noted the federal tipped minimum is $2.13/hour and Georgia's state minimum is $5.15, meaning workers could legally be paid just over $5/hour0:48:44.

Rep. Alma Adams (D-NC)0:50:04 (H.R. 2312): Gave a grocery-checkout-clerk hypothetical showing how loosely defined "tipped employee" status could be applied0:50:38.

Rep. Suzanne Bonamici (D-OR)0:51:39: Recounted meeting a single mother earning $2.13/hour in Alabama0:52:10 and noted Oregon has no separate tipped minimum wage0:52:36.

Ranking Member Bobby Scott (D-VA)0:54:12 (H.R. 2312): Detailed how the bill would let employers apply the tip credit across an entire month or shift-hop workers like a hotel bellhop/maintenance worker into fully tipped status0:56:58.

A committee member (Pennsylvania, supporting H.R. 2312)1:01:15: Said a federal appeals court vacated the Biden-era 80/20 rule in 2024 and cited a 2024 survey finding 90% of tipped workers prefer the current tip-credit system1:02:23.

Rep. Jahana Hayes (D-CT)1:03:47: Described her own Tipped Worker Protection Act, which would phase out the subminimum wage starting at $3.60/hour and rising $0.50 annually, and require full tip transparency1:04:47.

Rep. Glenn Grothman (R-WI)1:09:52: Introduced the H.R. 2299 amendment, saying PAID-program participants received four times more back pay on average than those covered by traditional DOL investigations [0:10:49 →1:10:49]; later said in 25 years as a retail politician he'd never encountered a constituent complaining of wage theft1:32:03.

A committee member (California, opposing H.R. 2299)1:12:29: Said the PAID program requires workers to waive their right to sue and cited the Biden administration's 2021 rationale that it "deprived workers of their rights"1:14:23.

Rep. Lucy McBath (D-GA)1:15:40 (H.R. 2299): Called the bill "deceptively named," saying it redirects Wage and Hour Division resources to protect employers rather than workers1:16:33.

Rep. Suzanne Bonamici (D-OR)1:19:42 (H.R. 2299): Warned the program preempts state and local enforcement once a settlement is approved, undermining stronger state wage laws1:20:14.

Ranking Member Bobby Scott (D-VA)1:20:57: Cited GAO finding only $4 million recovered in 14 months of the pilot program and said wage theft exceeds all property crime combined1:21:44.

Rep. Ilhan Omar (D-MN)1:27:33: Offered an amendment to replace H.R. 2299 with the Wage Theft Prevention and Wage Recovery Act, arguing the PAID program lets employers treat stolen wages "like an interest-free loan"1:28:56 and preempts stronger state enforcement, citing Minnesota1:30:01.

Rep. Alma Adams (D-NC)1:34:15 (H.R. 2299): Cited $238 million lost annually to minimum wage violations in North Carolina alone1:35:48 and noted a proposed $25 million cut to the Wage and Hour Division's budget1:36:16.

Ranking Member Bobby Scott (D-VA)1:37:20: Spoke in support of Rep. Omar's amendment, saying it requires detailed pay stubs and increases civil penalties to deter wage theft1:38:15.

Key moments

Scott stated the GAO found the PAID pilot program recovered just $4 million in back wages from 74 employers, versus $200+ million recovered through 20,000 DOL enforcement actions in FY20230:13:53.

Scott and Grothman clashed over H.R. 2299: Grothman said the program builds cooperation and reduces legal costs1:10:49, while Scott called it a way to let employers treat "workers' stolen wages as interest-free loans" and waive liquidated damages1:22:39.

A committee member and Rep. McBath argued the H.R. 2870 comp-time "choice" is illusory because employers, not employees, control both approval and timing, with courts allowing employers to delay comp time up to a year0:20:430:24:20.

On H.R. 2312, Scott gave a detailed hypothetical showing a janitor's incidental holiday tips could be used to reclassify him as a tipped employee for an entire month, cutting his pay to $2.13/hour0:55:34.

McBath noted the federal tipped minimum wage is $2.13/hour while Georgia's state minimum is $5.15, meaning tipped workers there could legally be paid barely above $5/hour0:48:44.

Rep. Omar's amendment to replace H.R. 2299 with the Wage Theft Prevention and Wage Recovery Act failed on a recorded vote, 15 yeas to 19 nays4:54:53.

Grothman said in 25 years as an elected official he had never personally encountered a constituent complaining of wage theft, prompting Omar to offer to share relevant articles from her district1:32:031:32:37.

Scott entered into the record letters opposing all three bills from the AFL-CIO, LIUNA, the Economic Policy Institute, CLASP, and a coalition including NEA, NELP, and SEIU1:40:22.

H.R. 2870 passed the committee 19–154:52:03; H.R. 2312 passed 19–154:53:28; H.R. 2299 passed 20–154:56:20.

Bonamici and Scott both warned the PAID program preempts state and local wage enforcement once a federal settlement is reached, potentially overriding stronger state laws like Minnesota's and Oregon's1:19:421:23:09.

Metadata

CommitteeHouse Education and Workforce
Chamber / CongressHouse · 119th Congress
Date2025-11-20
TypeMarkup
Witnesses
(none listed in event metadata)
Videoyoutube
Transcript347 caption blocks · 15,627 words · 4:57:18 runtime
EventCongress.gov 118697