Not recording& Not Paying for all Compensable time
If your employer does not record all hours then they are not paying you all your hours. If your employer is claiming the maximum tip credit and paying you only a direct wage of $2.13 per hour, they are really paying you less than $2.13 per hour and violating the law.
Check your paystubs
If your employer is not paying you at least $5.76 per hour for hours worked over forty hours in a workweek then they are violating the law.
To illustrate a common mistake made by employers claiming a tip credit is multiplying $2.13 per hour by 1.5 and using $3.20 for hours over forty hours per workweek. A