; and (2) by inserting before subparagraph (A), as so redesignated, the following: (A) Tip includes any discretionary amount paid directly to an employee by a customer and any portion of a mandatory charge imposed on a customer by the employer which is added to the cost of the product or service in any manner that may reasonably lead the customer to believe that the amount collected by the employer from such charge will be paid in full directly to the employee. . (b) All tips retained by employees Subparagraph (B) of section 3(m)(2) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(m)(2) ), as redesignated by subsection (a), is amended by striking of this subsection and all that follows through the end of the subparagraph and inserting of this subsection. Any employee shall have the right to retain, regardless of whether received as part of a system to pool tips established in accordance with subparagraph (C), any tips received by such employee. . (c) No tips retained by employers Subparagraph (C) of section 3(m)(2)(C) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(m)(2) ), as redesignated by subsection (b), is amended to read as follows: (C) (i) Regardless of whether or not an employer takes a tip credit, the employer may not keep tips received by its employees for any purpose or use such tips for any purpose other than to facilitate the distribution to employees of the full amount of all such tips under a system to pool tips established in accordance with subparagraph (D). (ii) A violation of clause (i) includes— (I) allowing managers or supervisors to keep or use any portion of employees’ tips