; and (BB) 50 percent or more of all other participating employees; and (bb) in the case of employees in any other establishment, no agreement resolving the dispute can be reached among 50 percent or more of the participating employees. (iv) An employer shall not be required to compensate any employee participating in a system to pool tips established under this subparagraph in any case arising as a result of another participating employee withholding tips from such system. (v) An employer shall not discharge an employee or otherwise discriminate against an employee based on the employee’s vote with respect to, or participation in, a system to pool tips established under this subparagraph. (vi) In this subparagraph, the term non-supervisory employee means any employee who has, at any point in their typical duties, decision making authority over the scheduling of other employees, the hiring of other employees, or the termination of other employees. . (e) Service charges 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: (E) (i) In any case in which an employer imposes a mandatory charge on a customer which is added to the cost of the product or service, the employer shall— (I) disclose to the customer and to all employees involved in the sale of such product or delivery of such service— (aa) the reason for such charge; and (bb) the portion of such charge, if any, which upon its collection will be paid in full by the employer directly to employees