Wage Theft Report: Justin Lipscomb

Tumble 22, Lake Austin Blvd. Period covered: Jan 1 to Oct 6, 2026. Prepared: Oct 7, 2026

Jobs affected: LAB Server, Part Time Manager

Summary

"Orders opened" comes from Toast order data. If you opened an order during time that was cut, you were working then.

Your pay weeks: hours clocked vs. hours paid

Tumble 22 pays by the week, Wednesday through Tuesday, and each week is paid the following Tuesday through Paycor. The hours on your Paycor paystub come from Toast after the manager edits. So for each week below, the "Total Hours Worked" on that week's paystub should match the edited hours, not the hours you actually clocked. The difference is time you worked and were not paid for. We compared Toast's edited hours with one server's Paycor paystubs for 7 weeks, and they matched to the hundredth of an hour.

"Hours you clocked" is the edited hours plus the cut time counted in this report. Edits in your favor are already included in both columns. "Not in data yet" means the Toast export does not cover that whole week yet, so only the cut time is shown.

How to find your paystub in Paycor (Paycor's instructions, under "How do I view my paycheck?"):

1. On the website: log in at paycor.com, hover over your profile icon at the top, and choose Profile. Open the Pay & Taxes tab, then Pay Stubs & Tax Docs. Click a check number to see the details, or View PDF to see the paystub itself.
2. In the Paycor Mobile app: sign in, tap Pay, then tap a check date or View All Paystubs. Tap PDF to download a paystub.
3. Find the paystub whose Pay Period matches the week in the table, and compare its "Total Hours Worked" to the two hours columns.

Overtime cut (2.07 hrs in 1 pay week)

In 1 pay week, the time that was cut would have put you over 40 hours for the week. Hours over 40 in a week must be paid at time and a half, so the cut hours above 40 are overtime hours and are owed at the overtime rate, not the base rate. In all of them, your paystub already showed more than 40 hours, so every hour cut in that week was an overtime hour.

How the overtime rate is figured. For server shifts: the employer can count $5.12 of your tips toward the $7.25 minimum wage, which is why the base cash wage is $2.13. Overtime is figured on the full $7.25: 1.5 × $7.25 = $10.875, minus the same $5.12 tip credit, comes to $5.755/hr in cash wages for each overtime hour (U.S. DOL Fact Sheet #15). For other jobs: overtime is 1.5 × your hourly rate: 1.5 × $25.00 = $37.50/hr. In each case, an overtime hour is owed half the regular rate more than a straight-time hour. When a week mixes rates, this report uses the lowest one for the overtime hours. If your real hourly rate is higher, your overtime rate is higher too: 1.5 × your regular rate, minus the tip credit for server shifts. Managers paid a salary instead of by the hour may be exempt from overtime. If you were paid hourly, as Toast shows, this applies to you.

Clock-in moved later (39 shifts, 1h 39m)

The original clock-in was replaced with a later time, so the minutes before the new time were dropped from paid hours.

Clock-out moved earlier (5 shifts, 2h 26m)

The original clock-out was replaced with an earlier time. This does not include Toast auto clock-out fixes, which are listed separately.

Needs review: not counted in the totals (2, 5h 43m)

Each of these removed a lot of time but has no order evidence, or the entry was moved between days, so the data cannot tell a wage cut from a fix to a bad punch. Compare them with your schedule, texts or paystubs. If you know you worked these hours, add them.

Edits in your favor (5)

These edits gave you more time. They are listed for completeness and not subtracted above, because one change does not cancel out a different one.

Reviewed but not counted

• 16 auto clock-out fix(es): the 4:00 AM auto clock-out was replaced, and there are no orders proving you worked after the new time.
• 72 missing punch(es) filled in, or later changes to a time a manager had typed in, such as a clock-out added after you forgot to clock out.
• 13 deleted entry(ies) under 10 minutes, deleted auto clock-out entries, or entries a manager had created. These look like duplicate punches or cleanup.

How this was calculated

• Sources: Toast "Time Entry Audit" edit logs (every change to a time entry, with who made it and the original and new times), the Toast Time Entries export (final hours as paid), and Toast Order Details (when each order was opened, and by whom).
• If one shift was edited several times, only the net change from the first original time to the final time is counted.
• Time is not counted as lost if it is covered by another of your time entries that day, for example when you clocked back in under a different job.
• Order coverage: order data covers every server from Jan 1 to Oct 4. Shifts on Oct 5 and 6 have no order data yet. "No order data" means there is no data either way. It does not mean you were not working.
• Dollar figures are a floor. They count only the hourly wage: $2.13 for tipped server shifts, and for your other jobs the hourly rate you were paid for that shift, as listed in the Summary (the federal minimum of $7.25 where we do not have your rate). Cut hours that would have put you over 40 in a pay week are counted at the overtime rate (see "Overtime cut" above). Liquidated damages under the FLSA, which can equal the unpaid amount, are not included. Under the FLSA, employers must pay for all time an employee is "suffered or permitted to work," including work done before a scheduled start time. Rounding is only legal when it is neutral over time, and across the restaurant these edits mostly cut time: 301 shifts lost time at clock-in, while 277 shifts had a clock-in moved earlier.
• Some edits may have legitimate explanations, such as an employee who clocked in early and was not working. The order data is what shows which ones did not.
• This is not legal advice. Questions about unpaid wages can go to the U.S. Department of Labor Wage and Hour Division (1-866-487-9243, dol.gov/whd) or the Texas Workforce Commission wage claim process. Texas wage claims must be filed within 180 days of the missed payday, so shifts from before about April 2026 may be too old for a Texas claim. Federal (FLSA) claims can go back 2 years, or 3 if the violation was willful.