; and (II) keeping or using any portion of employees’ tips to cover the cost of financial transaction fees, including any fee established, charged, or received by a payment card network for the purpose of compensating an issuer for its involvement in a transaction in which a person uses a debit card or credit card (as the terms “debit card”, “credit card”, “issuer, and “payment card network” are defined in section 921(c) of the Electronic Fund Transfer Act ( 15 U.S.C. 1693o–2(c) ))”. . (d) Tip pools Section 3(m)(2) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(m)(2) ), as amended by this section, is further amended by adding at the end the following: (D) (i) In any case in which an employer is provided with written documentation demonstrating that not less than 30 percent of all of the non-supervisory employees of the employer request a vote on whether to establish or modify a system to pool tips in accordance with this subparagraph, such a system shall be considered to be so established or modified if the employer is provided with written documentation demonstrating that not less than 51 percent of all such employees vote in favor of establishing or modifying such a system. (ii) The employer shall maintain a written record of any vote to establish or modify a system to pool tips held pursuant to this subparagraph, including the name of each employee voting and the vote totals. The employer shall provide a copy of such record to any employee upon request. (iii) (I) A system to pool tips established under this subparagraph shall be administered by the employer, at the employer’s expense, in a manner ensuring that— (aa) participation in the system is voluntary for each employee and determined without coercion from the employer; (bb) such tips are shared among all non-supervisory employees participating in such system; (cc) funds held in such system are maintained separately from any other funds