Hiring can be complicated.  Pressure to fill an immediate need, coupled with the necessity of finding the right fit for your firm, is an exercise that balances urgency and patience.  Recruitment and talent acquisition are not the same, though they are often used interchangeably.  Recruitment is based on a reactive, immediate need. In contrast, talent acquisition is proactive: a carefully curated process that firms rely upon to find the very best fit for their teams.  In either scenario, establishing an efficient hiring process is essential to an organization’s success and future growth.

In our earlier blog, Crafting Comprehensive Job Descriptions in the AEC Industry, the importance of providing clear criteria for the role is established.  The next step is to find and hire the right candidate.  Easy right?  Not always.  Considerations include where to post your job opening, how you will collect and review resumes, establishing an interview process and identifying who will be involved, making an offer and lastly, onboarding.

Firms typically post job openings on various platforms to reach a broad audience:

• Job Boards: Popular sites like Indeed, LinkedIn, and Glassdoor.
• Company Websites: Many firms have a dedicated careers page.
• Social media: Platforms such as LinkedIn and Facebook are used to attract talent.
• Industry-Specific Sites: Niche job boards, such as SDA and Archinect, are tailored to specific industries.
• University Career Centers: For entry-level positions and internships.

Once the position has been posted, with clear criteria for the role and instructions for applying, the real work begins.

In the past, applicants could come into a place of business and drop off a resume or request a job application, whether it was solicited or otherwise.  The evolution of technology has turned that process on its head.  More firms are using Applicant Tracking System (ATS) platforms to collect resumes and cover letters.  Platforms such as Lever, Greenhouse, and Workday help collect and manage candidates once they’ve applied for a position, regardless of where it is posted.  Firms may also use online forms tied to their website or have an email submission process.  The aim is to centralize the collection of applicants.

The use of ATS platforms can give employers the ability to review applicants, coordinate with team members involved in the hiring process to communicate with one another internally and externally, and have the ability to coordinate calendars to establish availability for scheduling interviews. 

Narrowing down candidates happens at each stage of the hiring process.  Based on the criteria of the role and position requirements, resume and cover letter reviews are quick glimpses used to establish a good fit.  Things to look for include:

• Spelling errors.  If there are spelling errors, exclude them.
  • This demonstrates low attention to detail in their work.  Digital aids are available to help with spelling and grammar. 
• Frequent job changes:
  • A history of short-term positions without clear reasons is usually a red flag.  Make sure to look for stints that are two years or more at a role.  Two years is enough to see the firm through a business cycle – low and high points.  Year-long hiring is an indicator that the candidate is uncomfortable with change and may leave as soon as things get uncomfortable. This can also indicate a person who is quickly bored or lacks commitment and stability.
  • Overly vague descriptions or lack of specific details about previous roles and responsibilities.
  • Exaggerated qualifications or claims that do not match the candidate’s experience level.
• Self-employment could also be a red flag.  There is a certain cadence about being your own boss and having to make decisions about all aspects of a business.  Making that switch to work on specific aspects of a company could be a difficult switch for the candidate.  An exception could be if the applicant does not want to be a business owner anymore. 

Depending on the number of applicants, some companies use AI to review resumes ahead of a hiring manager.  An ATS system can be set up to scan resumes for specific keywords and phrases that match the job description using machine learning algorithms.  These algorithms analyze resumes to rank candidates based on their qualifications, experience, and relevance to the position.  Parameters that an AI system uses:

• Keywords: Specific terms related to the job, such as skills, certifications, and job titles.
• Experience: Relevant work history, including job roles and durations.
• Education: Degrees, certifications, and relevant coursework.
• Skills: Both hard skills and soft skills.
• Achievements: Notable accomplishments and contributions in earlier roles.

It is not a fool-proof process.  AI can disqualify applicants based on several factors:

• Lack of keywords could cause a resume to be filtered out.
• Inconsistent information in a resume can lead to it being disqualified.
• Formatting issues can make it difficult for the AI to review, and it could be rejected.

The interview process can vary from firm to firm and depend upon the role being filled.  Phone interviews are a good way to establish a quick screen of an applicant based on their resume and application information.  Phone screens allow the opportunity to ask clarifying questions and to decide if the person is right for moving on to a face-to-face interview.  Generally, phone interviews should be kept to 15 to 20 minutes in length.  Phone interviews are not a requirement for all applicants. 

Face-to-face interviews are where the decisions are made about whether an applicant will be hired.  First impressions matter.  Things to look for during the interview process:

• Did the candidate show up late, unprepared or request a reschedule? 
• Was the candidate challenging to contact to schedule an interview? 
• Does the candidate’s experience match the resume?
• Does the candidate avoid answering the questions asked during the interview process?
• Does the candidate spend time speaking poorly about their current or past employers?
• Does the candidate show unprofessional behavior? 
•  How does the candidate treat others during the interview appointment?  This could be the person who receives them for the appointment or the person who gives them a tour.
• Are the candidate’s salary expectations aligned with the market, role type and skillset being brought to the role?
• Are there indications that the candidate’s values or work style does not align with the company’s culture?

Depending on the role, candidates may take part in multiple face-to-face interviews before a decision is made.  It is important to keep communication clear throughout the hiring process about the next steps and timeline.  When a decision is made, it is important to move quickly.  Contact the candidate as soon as the decision is made to show enthusiasm and reduce the risk of losing them to another offer.  Provide a timeline for the candidate to accept or reject the offer.  The offer letter should be clear and detailed to avoid misunderstandings.  Stay in touch with the candidate during their decision period to answer any questions they may have.

Establishing an efficient hiring process is crucial for any firm’s success and growth.  By clearly defining the role, using modern technology like ATS platforms, and implementing structured interview processes, firms can effectively attract and select the best candidates.  It is essential to balance urgency with thoroughness, ensuring that each step—from job posting to the final offer—is handled with care and precision.

SDA does not endorse any products or services mentioned, and SDA does not assume responsibility for any circumstances arising out of the interpretation, application, use, or misuse of any information presented. SDA recommends that the reader consult the appropriate legal, financial, or human resource counsel before implementing the information contained herein.

Viviana Garcia, CDFO, doesn’t just support her SDA chapter—she elevates it. With a background in architecture and a talent for administration, Viviana has become a cornerstone of the San Antonio Chapter since joining in 2021. Her leadership, technical savvy, and unwavering dedication have earned her the 2025 STAR Award, one of SDA’s most prestigious honors. As a four-year member and Path2Success alumna, Viviana exemplifies the kind of excellence and innovation that define SDA’s impact on the AEC industry.

Celebrating a STAR in the Digital Era

The STAR Award, presented annually by SDA National, recognizes members who demonstrate exceptional leadership, service, and commitment to advancing the organization. Viviana’s nomination highlights her multifaceted contributions—from coordinating chapter event registrations and contact lists using Constant Contact, to presenting at networking meetings and serving multiple terms on the Board.

Her ability to adapt to new tools and technologies has helped streamline chapter operations and enhance member engagement. Viviana’s attention to detail and proactive mindset ensure that every task is executed with precision and care, making her an indispensable part of the chapter’s success.

A Career Built on Design, Discipline, and Dedication

Viviana holds a B.S. in Architecture from Arizona State University and currently serves as Operations Manager at Michael G. Imber, Architects, PLLC—a role she’s held for the past five years. Her dual expertise in design and administration allows her to contribute meaningfully across a range of firm and chapter initiatives.

As a Certified Design Firm Administrator (CDFA), Viviana brings professionalism and rigor to every role she takes on. Her peers describe her as someone who consistently goes the extra mile—whether it’s stepping up to learn new systems, offering fresh ideas, or simply lending a helping hand with a smile. Her positive energy and collaborative spirit have made her a trusted leader and a role model within the SDA community.

Strengthening the AEC Community Through Innovation and Inclusion

Viviana’s work benefits not only her chapter but the broader AEC community. Her presentations at networking meetings foster knowledge-sharing and professional growth, while her behind-the-scenes coordination ensures smooth, inclusive events that bring members together. Her willingness to embrace new challenges and technologies reflects the evolving nature of business operations in AEC firms—and her leadership helps others navigate that change with confidence.

A Community Celebration of Excellence

Viviana Garcia’s STAR Award nomination is a celebration of excellence, adaptability, and heart. Her contributions to SDA’s San Antonio Chapter reflect the very best of our organization’s values: service, innovation, and community. SDA National proudly recognizes Viviana’s achievements and the inspiration she brings to our professional family.

Her journey reminds us that leadership isn’t just about titles—it’s about showing up, stepping forward, and lifting others along the way.

The Fair Labor Standards Act: What Every A|E Firm Needs to Know in 2025

Navigate the complexities of overtime, exemptions, and compliance with confidence.

If you’re managing people in an architecture or engineering firm, chances are you’ve encountered the Fair Labor Standards Act (FLSA) in some way. Maybe it was during a heated discussion about whether your new graduate engineer should be classified as exempt or non-exempt. Or perhaps it came up when you were trying to figure out if travel time to a job site counts as compensable hours.

The truth is, the FLSA has been a moving target lately. There have been many changes in the past few years, with the minimum salary threshold changing back and forth as each new administration was elected. The good news? At this moment, nothing has changed from where we were in 2019.

Here’s the latest: On April 26, 2024, the U.S. Department of Labor published a final rule that increased the minimum salary threshold, but on November 15, 2024, the U.S. District Court for the Eastern District of Texas vacated that rule. So, we’re back to the 2019 standards—the Department is now applying the minimum salary level of $684 per week and total annual compensation requirement for highly compensated employees of $107,432 per year.

But here’s the catch: employers should stay alert to potential future changes, as lawsuits regarding the 2024 final rule are currently pending in other federal district courts, and the United States has filed a notice of appeal.

Let’s dive into what you need to know to keep your firm compliant and your employees properly classified.

The FLSA Basics: More Than Just Minimum Wage

The Fair Labor Standards Act isn’t just about paying people $7.25 an hour (the federal minimum wage since 2009). It’s the foundation that determines who gets overtime pay and who doesn’t. And in our industry, where project deadlines can mean long hours, getting this right is crucial.

The Two Types of Workers

The FLSA creates two distinct categories of workers:

Exempt Employees are exempt from overtime because of the type of work they perform AND their salary level. There are four main categories: Executive, Administrative, Professional, and Outside Sales. Here’s the key: they can be paid a salary and still not qualify as exempt if they don’t meet the duties test.

Non-exempt Employees must receive overtime pay for any hours worked over 40 in a workweek. This includes most production workers and many others who don’t meet the strict exemption criteria.

The 40-Hour Rule (And Why It’s Not Negotiable)

Non-exempt workers are entitled to overtime pay at one and one-half times their regular rate for all hours worked over 40 per workweek. Notice we said “workweek,” not pay period.

Here’s a quick example that trips up many employers:

Real-World Scenario: Your CAD technician earns $20.00/hour and is paid biweekly. Week 1: 50 hours. Week 2: 35 hours.

Week 1: $20.00 × 40 = $800 + $30.00 × 10 = $300 OT
Week 2: $20.00 × 35 = $700
Total: $1,800

You cannot average the 85 hours over two weeks. Each week stands alone.

The “Suffer Work” Concept (Yes, That’s Really What It’s Called)

Here’s where it gets interesting. The FLSA uses the archaic term “suffer work,” which essentially means the employee must actually perform work to be entitled to overtime.

So in our example above, if the employee took a vacation day during that 50-hour week, they actually only “suffered work” for 42 hours, meaning only 2 hours of overtime, not 10.

Common FLSA Scenarios That Keep A|E Firms Up at Night

Over the years, the Department of Labor has clarified many situations that are particularly relevant to our industry:

• Working overtime without approval? Still, overtime pay is required.
• Answering emails during lunch at your desk? That’s compensable time.
• Mandatory lunch-and-learns? Compensable. Voluntary ones? Not compensable.
• Travel time for non-exempt employees? Here’s where it gets complex...

The Travel Time Dilemma

For non-exempt employees traveling outside regular working hours (like a 3 PM to 10 PM flight), only the regular 8-hour workday counts toward overtime calculations.

Travel time to work sites generally isn’t compensable under FLSA standards—except for the driver. However, in the A|E industry, many firms choose to compensate this time anyway as a recruiting and retention tool. Even construction and surveying firms, where travel is standard, often use this as a competitive advantage.

The $684 Per Week Rule: Your Exemption Baseline

All exempt categories share one common requirement: a minimum salary of $684 per week ($35,568 annually). But remember—meeting the salary threshold is just the starting point. Employees must also pass the duties test for their specific exemption category.

Individual States’ Overtime Rules May Vary

It can get complex, especially if you have offices in multiple states. California, Alaska, and Nevada have laws mandating overtime pay after an employee works more than eight hours in a single day. Other states have daily overtime rules, but the specific number of hours varies (e.g., Colorado – 12 and Oregon – 10). Always check state requirements, too.

What the FLSA Doesn’t Require (But State Laws Might)

The federal FLSA doesn’t mandate:

• Vacation, holiday, severance, or sick pay
• Meal or rest periods
• Premium pay for weekend or holiday work
• Pay raises or fringe benefits
• Discharge notices or immediate payment of final wages

However, many states have their own requirements for these items, so always check your local laws.

Recordkeeping: Your Best Defense

The FLSA requires employers to maintain specific records. The good news? Most of this information is typically kept during normal business operations. For employees subject to minimum wage and/or overtime provisions, you must keep:

1. Personal information (name, address, occupation, sex, birth date if under 19)
2. When the workweek begins
3. Total hours worked each day and week
4. Total daily or weekly straight-time earnings
5. Regular hourly pay rate for overtime weeks
6. Total overtime pay for the workweek
7. Wage deductions or additions
8. Total wages paid each pay period
9. Payment date and pay period covered

Pro tip: You don’t need specific forms or time clocks—just accurate records in whatever format works for your business.

A|E Industry Hot Topics

The Professional Exemption Debate

Remember the controversy over intern architects and engineers-in-training? The question was whether they were exempt due to professional status or non-exempt because they required supervision more than 50% of the time.

Today’s trend: Architects and engineers with college degrees are generally considered exempt from day one. However, many firms still have their own criteria—some consider new graduates non-exempt for the first year, others only consider registered professionals exempt.

The bottom line: If your firm follows different rules than the FLSA minimum, document it, communicate it clearly, and follow it consistently.

The Designer Dilemma

What about designers who came up through the ranks without degrees? This issue has largely resolved itself through attrition, but these employees likely wouldn’t meet the learned professional exemption. They might, however, qualify as creative professionals—the question is determining when a designer crosses that threshold.

Administrative Staff: The 50% Rule

Here’s where many A|E firms get tripped up. An administrative employee who spends time on both management/business operations AND billable project work needs careful analysis, such as a Project Management Assistant, Administrator, or Accountant (PMA).

The test: If they have a utilization rate of more than 50% of their time, they’re likely non-exempt, regardless of their title or degree.

Marketing Personnel: Degrees Don’t Equal Exemptions

A college degree doesn’t automatically create an exemption. Marketing staff need job descriptions that clearly define their duties and demonstrate the exercise of judgment and discretion required for exemption status.

Bonuses and Overtime: The Discretionary Distinction

When calculating overtime wages, non-discretionary bonuses must be included in the overtime calculation. Discretionary bonuses (typically holiday, profit-sharing, or performance bonuses) don’t need to be included.

Most bonuses in the A|E industry are discretionary, but include clear language in your employee manual to avoid confusion during an audit.

The Timesheet Imperative

Here’s some hard-earned wisdom: overtime issues are never a problem until they become one—usually with a disgruntled employee filing a complaint. Without timesheets, it becomes your word against theirs.

Best practice: Require complete, accurate timesheets for ALL salaried employees, even when they’re just charging time to overhead.

Special Considerations: Nursing Mothers

Under the PPACA amendment to FLSA Section 7, firms with more than 50 employees must provide reasonable break time for non-exempt nursing mothers for up to one year. You must provide a private space (not a bathroom) that’s shielded from view and free from intrusion. The break time doesn’t need to be compensated.

Quick Reference: FLSA Exemption Categories

Executive Exemption

• Primary duty: Managing the enterprise or a recognized department
• Supervision: Directs two or more full-time employees
• Authority: Can hire/fire employees
• Salary: At least $684/week

Learned Professional Exemption

• Primary duty: Requires advanced knowledge in science or learning acquired through prolonged specialized courses
• Discretion: Regularly exercises discretion and judgment
• Salary: At least $684/week

Creative Professional Exemption

• Primary duty: Work requiring invention, imagination, originality, or talent in recognized artistic/creative fields
• Discretion: Regularly exercises discretion and judgment
• Salary: At least $684/week

Administrative Exemption

• Primary duty: Office/non-manual work related to management or business operations
• Discretion: Regularly exercises discretion and judgment on matters of significance
• Salary: At least $684/week

Computer Professional Exemption

• Primary duty: Systems analysis, design/development/testing of computer systems or programs
• Pay: At least $27.63/hour if hourly OR $684/week if salaried

Outside Sales Exemption

• Primary duty: Making sales or obtaining orders/contracts for services
• Location: Customarily and regularly engaged away from employer’s place of business
• No minimum salary requirement

Staying Compliant in an Ever-Changing Landscape

The FLSA landscape continues to evolve, and the recent court decisions remind us that regulatory changes can be reversed. The key to compliance is staying informed, maintaining accurate records, and regularly reviewing your employee classifications.

Remember: These salary thresholds are subject to change. Always research the latest amounts and consult with employment law counsel when in doubt.

The bottom line? The FLSA might seem complex, but understanding its core principles and staying current with changes will help protect your firm from costly violations while ensuring your employees are properly classified and compensated.

This article provides general information about the Fair Labor Standards Act as it applies to A|E firms. For specific situations or legal advice, consult with qualified employment law counsel.