Florida’s minimum wage for non-tipped employees will increase Jan. 1 to $7.67 an hour, a 4.9 percent increase from the $7.31 an hour minimum for 2011, the Florida Department of Economic Opportunity reported over the weekend.

Wages for tipped employees will rise to $4.65 an hour, up from $4.29. The wage increase is based on the increase of the federal Consumer Price Index for urban wage workers in the southeastern United States.

Following a 2004 constitutional amendment, Florida is among 10 states that automatically raise minimum wage rates. The federal rate, now $7.25 an hour, must be raised by an act of Congress. The state was sued earlier this year for using an inflation calculation that reduced the annual increase for Jan. 1 by factoring in a deflationary period in 2009.

Florida’s minimum wage law applies to all employees in the state of Florida who are covered by the federal minimum wage law. Employers of “tipped employees” who meet eligibility requirements for the tip credit under the Fair Labor Standards Act (FLSA) may count tips actually received as wages under the Florida minimum wage. However, the employer must pay “tipped employees” a direct wage.

Employers who must pay their employees the Florida minimum wage must post a notice of the state minimum wage requirement (in addition to posting a notice as required by the FLSA). A Florida law poster can be downloaded here: English version and Spanish version.