Architecture firms regularly run into FLSA classification errors because the work culture (long hours during deadlines, mix of licensed architects and unlicensed staff, treating "designers" as exempt regardless of actual duties) is exactly the kind of environment the U.S. Department of Labor enforces against. A Tallahassee architecture firm with even five misclassified non-exempt drafters can face $50,000+ in back wages over a 2-year audit window. This page covers the rules and the common errors.
Florida's minimum wage is set by Florida Statute § 448.110, indexed annually and progressing toward $15/hour by 2026 under the constitutional amendment passed in 2020:
| Effective Date | Florida Minimum Wage | Tipped Minimum |
|---|---|---|
| Sep 30, 2024 | $13.00/hour | $9.98/hour |
| Sep 30, 2025 | $14.00/hour | $10.98/hour |
| Sep 30, 2026 | $15.00/hour | $11.98/hour |
| Sep 30, 2027+ | Indexed to inflation | Indexed |
Federal minimum wage is $7.25/hour and is irrelevant — the higher Florida minimum applies. For most architecture firm staff (drafters, admin, project coordinators), wages are well above minimum, but the minimum still matters for interns and entry-level support staff.
The Fair Labor Standards Act requires 1.5× regular rate for non-exempt employees who work more than 40 hours in a workweek. Key points for Tallahassee firms:
For an architecture firm employee to be exempt from overtime, the firm must satisfy both tests:
For architecture firms, the relevant exemptions are typically:
The most common Tallahassee architecture firm classification error: treating CAD drafters and architectural interns as salaried-exempt. Drafters typically:
These employees are non-exempt regardless of salary. They must be paid for all hours worked and overtime over 40/week. For a drafter who routinely works 50 hours/week during deadline pushes, that's 10 hours of overtime weekly that's typically unpaid in misclassified arrangements.
An "intern" earning the IDP/AXP (Architectural Experience Program) hours toward licensure is still an employee for FLSA purposes if they work for the firm and the firm benefits from their work. The DOL's "primary beneficiary" test:
For most architecture firms, interns who do project work are employees. Pay them at least Florida minimum and overtime. The exception (academic-credit-only internships at university-aligned firms) is narrow.
An architecture firm pays a $400/month attendance bonus to drafters. The bonus is non-discretionary (paid for showing up) and must be included in the regular rate calculation:
If the firm calculated overtime on the $25 base rate without including the bonus, it underpaid. Common error.
Private architecture firms cannot offer "comp time" (taking time off in lieu of overtime pay) under federal law. Public sector entities can in some cases. This is one of the most-violated rules in architecture: the firm tells a drafter "take Friday off in exchange for the 12 hours you worked Saturday." That's a wage-and-hour violation.
$13.00/hour as of late 2024, rising annually toward $15/hour by 2026. Most architecture firm employees earn well above this, but it matters for interns, entry-level support staff, and any tipped employees.
Almost always no. Drafters typically execute designs assigned by architects without exercising independent professional judgment, don't hold an architecture license, and don't manage other employees. They fail the duties tests for white-collar exemption and must be paid overtime over 40 hours/week regardless of whether they're salaried.
No, not in the private sector. Federal law prohibits comp time arrangements for private employers. The firm must pay overtime at 1.5× the regular rate for non-exempt employees who work more than 40 hours in a workweek. Public agencies can use comp time in limited circumstances.
Almost always yes. The DOL applies a 'primary beneficiary' test: if the firm benefits more from the intern's work than the intern benefits from training, the intern is an employee entitled to at least Florida minimum wage and overtime. The narrow exception for academic-credit-only internships rarely applies in architecture practice.
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