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Antiwork

Can a salary be below minimum required for exemption status if “tips bring it over”

I got offered a salaried position, but it's for $42.5k and I'd be considered exempt, required to work 45 hours a week. The minimum in my state for exempt status is $45k (going up to $50k next year). So my employer is saying the tips I'd recieve will bring me over $45k per year, thus legalizing my exempt status. Google is failing me, so I'm hoping someone here has some insight on how tips factor into a salaried position's exempt status. Does the base salary have to meet the minimum requirements or can tips factor into reaching the minimum for exempt status?


I got offered a salaried position, but it's for $42.5k and I'd be considered exempt, required to work 45 hours a week. The minimum in my state for exempt status is $45k (going up to $50k next year). So my employer is saying the tips I'd recieve will bring me over $45k per year, thus legalizing my exempt status.
Google is failing me, so I'm hoping someone here has some insight on how tips factor into a salaried position's exempt status. Does the base salary have to meet the minimum requirements or can tips factor into reaching the minimum for exempt status?

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