Updated May 2026 · Florida Plan Finder · Licensed Florida Health Insurance Producer

Florida Minimum Wage and Overtime Rules for Architecture Firms in Tallahassee, FL

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 Minimum Wage

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:

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.

Federal Overtime — FLSA

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:

• 40-hour workweek standard. No daily overtime in Florida. An employee can work 12 hours one day and 4 hours the next without overtime if total stays under 40.
• Workweek is fixed. The firm picks a 7-day workweek (e.g., Sunday-Saturday) and applies it consistently.
• Regular rate includes most compensation. Productivity bonuses, project completion bonuses, and similar non-discretionary payments must be included when computing the overtime rate.
• Salary doesn't equal exempt. Paying someone a salary doesn't automatically exempt them from overtime — you must also satisfy the duties tests.

The FLSA Exemption Tests

For an architecture firm employee to be exempt from overtime, the firm must satisfy both tests:

1. Salary basis test: Paid a fixed salary (not hourly), at least $684/week ($35,568/year) under current rules. Possibly $844/week from January 2025 forward — verify current threshold.
2. Duties test: Performs duties qualifying for one of the white-collar exemptions: executive, administrative, professional (learned or creative), computer, or outside sales.

For architecture firms, the relevant exemptions are typically:

• Learned professional: Licensed architects with advanced education in architecture, engaged in work requiring discretion and judgment. Generally exempt.
• Administrative: Staff performing office or non-manual work directly related to management or general business operations, exercising discretion and independent judgment on matters of significance. Office managers may qualify; project coordinators usually don't.
• Executive: Manages a recognized department, supervises 2+ employees, has hiring/firing authority. Project architects may qualify if they manage staff.

Drafters and Interns Are Almost Always Non-Exempt

The most common Tallahassee architecture firm classification error: treating CAD drafters and architectural interns as salaried-exempt. Drafters typically:

• Execute designs assigned by architects (not exercising independent professional judgment)
• Don't have advanced architecture education yet (interns) or don't have licensure
• Work to project specifications and architect direction

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.

Architecture Interns Specifically

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:

• Who benefits more — intern (training value) or firm (project work)?
• If firm benefits more: intern is an employee, must be paid at least minimum wage and overtime
• If intern benefits more: unpaid internship may be permissible (very narrow)

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.

Calculating Overtime When the Employee Has a Bonus

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:

• Drafter earns $25/hour, works 50 hours one week with bonus prorated to that week ($100)
• Total compensation: $25 × 50 + $100 = $1,350
• Regular rate: $1,350 / 50 = $27/hour
• Overtime premium: $27 × 0.5 × 10 OT hours = $135
• Total OT: $135 plus the straight time already paid

If the firm calculated overtime on the $25 base rate without including the bonus, it underpaid. Common error.

"Comp Time" Is Not Permitted in Private Sector

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.

Common Mistakes

• Treating all "designers" as exempt: The job title doesn't determine exemption. Apply the duties tests.
• Comp time instead of overtime: Not legal in private sector. Pay the overtime.
• Using a 14-day work cycle instead of 7-day: FLSA requires a 7-day workweek. You cannot average hours across 2 weeks.
• Ignoring bonuses in the regular rate: Non-discretionary bonuses must be included for overtime calculation.
• Treating interns as unpaid: Most architecture interns are employees, especially when doing real project work.
• Not tracking hours for "salaried" non-exempt: Even salaried non-exempt employees need recorded hours to calculate overtime.