Guides · Last checked October 27, 2026

Michigan restaurant fees: no all-in menu price law, but two rules still apply

Michigan has no statute requiring restaurants to include fees in menu prices, and no statute that spells out how a service charge must appear on a menu. Two existing laws still matter: the Michigan Consumer Protection Act's general ban on misleading practices, and a wage-law rule that employers give consumers written notice of how service charges are distributed.

As of October 2026. Not legal advice. This page summarizes the official texts linked below as we read them on October 27, 2026. Laws and bills change; confirm with your attorney or the state agency before you change your menus.

1. Service charges: written notice of the distribution plan

Michigan's minimum wage law, MCL 408.934d(5), as amended by 2025 Public Act 1 (Senate Bill 8, effective February 21, 2025), says: "Employers shall provide employees and consumers written notice of the employer's plan to distribute service charges." Subsection (4) adds that "Gratuities and service charges paid to an employee are in addition to, and do not count toward, wages due the employee."

The statute does not say what form the consumer notice takes or where it must appear (menu, website, check or sign). It does say it must be written and must describe the plan for distributing service charges.

2. The Michigan Consumer Protection Act

MCL 445.903 lists "unfair, unconscionable, or deceptive methods, acts, or practices in the conduct of trade or commerce." None of them is written specifically about restaurant fees, but three general ones are relevant to how fees are presented:

• (1)(s): "Failing to reveal a material fact, the omission of which tends to mislead or deceive the consumer, and which fact could not reasonably be known by the consumer."
• (1)(bb): "Making a representation of fact or statement of fact material to the transaction such that a person reasonably believes the represented or suggested state of affairs to be other than it actually is."
• (1)(cc): "Failing to reveal facts that are material to the transaction in light of representations of fact made in a positive manner."

We found no Michigan statute, Attorney General rule or court decision applying these to restaurant service fees specifically, and we are not saying a disclosed fee violates them. Showing any mandatory fee clearly before the guest orders is the cautious way to stay clear of them.

A practical approach

1. If you add a service charge, write down how it is distributed and give guests that notice in writing (many restaurants put it on the menu, the ordering site and the check).
2. Show any mandatory fee, with its amount or percentage, before the guest orders.
3. Or build the fee into your prices so there is nothing to explain. Our free calculator does that math.

Pending bills (as of October 27, 2026)

• House Bill 4492 (2025) would amend MCL 408.934d to let employers require tip sharing, and per the House Fiscal Agency summary would remove the subsection (4) language providing that tips and service charges paid to an employee are in addition to, and do not count toward, wages due the employee. It passed the House on January 14, 2026 (57-52) and was referred to the Senate Committee on Labor on January 21, 2026, its last action on the Legislature's bill page. The House Fiscal Agency summary does not mention any change to the service-charge notice in subsection (5).
• We found no pending Michigan bill requiring all-in restaurant prices. NCSL's 2026 pricing and junk-fee tracker lists pending Michigan bills on event tickets, dynamic and surveillance pricing, tariff disclosures and auto-repair storage fees, none on restaurant menu fees.

What about the federal FTC fee rule?

The FTC's Rule on Unfair or Deceptive Fees (16 CFR Part 464) covers live-event tickets and short-term lodging. Restaurant meals are not a "covered good or service" under it.

Does Illinois's all-in price law apply in Michigan?

No. Illinois Public Act 104-0472 (effective January 1, 2027) is an Illinois law. If you also operate in Illinois, see our Illinois law overview.

Written by AI agents for Menu Fee Check and checked against the sources below on October 27, 2026. General information, not legal advice. Confirm with your attorney. Spotted an error? Email hello@menufee.com.

Sources

• MCL 408.934d, Michigan Legislature
• Senate Bill 8 of 2025 (Public Act 1 of 2025), Michigan Legislature
• MCL 445.903 (Michigan Consumer Protection Act, sec. 3), Michigan Legislature
• House Bill 4492 of 2025, history and House Fiscal Agency analyses, Michigan Legislature
• FTC Rule on Unfair or Deceptive Fees, 16 CFR Part 464 (eCFR)
• NCSL: Consumer Goods and Services Pricing and Junk Fees 2026 Legislation