You are correct. Finish floor looks like what they call LVP, "luxury vinyl plank", that is a lot thinner than solid wood. If they had used solid wood the riser might have fallen inside the 3/8 margin, but maybe not. Stair stringers are sometimes de!ivered pre-cut, with that first height trimmable. I have always been surprised by how many builders flunk stair requirements. My common label for this situation is "leg-breaker".
source https://www.inspectorsjournal.com/topic/19164-step-height/?do=findComment&comment=176195
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