Do I have to give two weeks’ notice to quit a serving job?
The short answer
Example: your last week
You work your last shift on a Friday and have worked 25 hours that week at a $2.13 cash wage plus tips. The dates and hours are illustrative.
| Your last week | |
|---|---|
| Federal minimum for the week | $181.25 ($7.25 × 25) |
| Cash wage from your employer | $53.25 ($2.13 × 25) |
| Tips needed to reach the minimum | $128.00 |
| If your tips were less than that | Your employer makes up the difference |
| When the final check is due | Federal law: not immediately. Your state may require sooner. |
| If your regular payday passes unpaid | Contact DOL’s Wage and Hour Division or your state labor department |
- Your last week counts like any other. DOL says a tipped employee’s cash wage plus tips has to reach at least $7.25 an hour for the workweek, or the employer pays the difference.
- Write down your final shifts: date, hours, and tips. That’s what you’ll compare the last pay stub against.
Not tax or legal advice. The numbers are made up for the example. State final-paycheck rules can be stricter than the federal one.
Plain English
What federal law says about notice
DOL’s Handy Reference Guide to the Fair Labor Standards Act, the main federal wage law, lists things the law doesn’t require. One item is “a discharge notice, reason for discharge, or immediate payment of final wages to terminated employees.” The guide lists no rule that a worker give notice before quitting.
DOL’s FLSA advisor says the same from the other side: the FLSA has no requirement for notice to an employee before a termination or layoff. It adds that a separate federal law can require notice for some layoffs, and that states may have their own notice rules.
Your final paycheck
DOL says employers aren’t required by federal law to give former employees their final paycheck immediately, and that some states may require immediate payment. If the regular payday for the last pay period you worked has passed and you haven’t been paid, DOL says to contact its Wage and Hour Division or your state labor department.
Tipped wage rules still apply to your last week
If you’re paid a tipped cash wage, the federal rule for your final week is the same as every other week: your wages plus tips have to reach at least the minimum wage, or your employer has to pay the difference. Your employer also can’t keep any part of your tips. See What can I do if my employer keeps part of our tips?
Unused vacation and severance
The FLSA doesn’t require vacation, holiday, severance, or sick pay, so it doesn’t decide whether you’re paid for time you didn’t use. DOL notes that some states have laws under which claims like these may be filed.
Your state may have different rules
This page covers federal law only. State final-paycheck rules can differ. DOL keeps a list of state labor offices where you can look up yours.
Where to ask
DOL’s Wage and Hour Division takes calls at 1-866-487-9243. See How to file a complaint.
Common mistakes
- Assuming your final check is late the day after you leave. Under federal law, the question is whether your regular payday has passed.
- Leaving without a record of your last shifts’ hours and tips.
- Assuming the federal rule is the whole story. Your state’s final-paycheck rule may be stricter.
Official sources
- U.S. Department of Labor: Handy Reference Guide to the Fair Labor Standards Act (what the FLSA does not require)dol.gov
- U.S. Department of Labor: Last Paycheckdol.gov
- U.S. Department of Labor, FLSA Advisor: What notices must be given before an employee is terminated or laid off?webapps.dol.gov
- U.S. Department of Labor, Fact Sheet #15: Tipped Employees Under the FLSAdol.gov
- U.S. Department of Labor, Wage and Hour Division: State Labor Officesdol.gov
- U.S. Department of Labor, Wage and Hour Division: How to File a Complaintdol.gov
Last verified:
Checked DOL’s Handy Reference Guide to the FLSA (revised November 2023), DOL’s Last Paycheck page, the FLSA Advisor notice question, DOL Fact Sheet #15, DOL’s state labor offices list, and DOL’s complaint page.
Still open: State final-paycheck and notice rules differ and aren’t covered here. We found no DOL page that speaks directly to notice from a worker who quits.