Regulatory and Legal Affairs

🏖 Gotham Restaurants LLC, known for operating Gotham Restaurant (previously Gotham Bar and Grill), filed for Chapter 11 bankruptcy in New York on Wednesday. The company owes nearly $484,000 to its largest creditor, the NY State Department of Taxation Finance Bankruptcy/Special Procedures Section. Other debts include nearly $97,000 to Dairyland and approximately $84,000 to Baldor Specialty Foods. The 40-year-old restaurant, a Manhattan dining landmark, closed in June due to a $45,000 cyberscam. Founded in 1984 by Alfred Portale, it became a trendsetter in the late '80s with "tall food". Portale left in 2019, and Ron Paprocki led as executive chef before the filing, which reported assets between $1 million and $10 million.

🍝 U.S. Sen. Dick Durbin and Rep. Rosa DeLauro introduced legislation to establish the Federal Food Administration, transferring food safety oversight from FDA. Hazel Analytics data from 2023 shows increased food safety violations post-pandemic. In 2022, the CDC reported a rise in consumer risk to foodborne illnesses. The new agency would include FDA's current food programs and operate under the Department of Health and Human Services. The initiative aims to prevent illness and death from contaminated food.

🏨 AHLA launched its Hospitality Law Database, providing hoteliers with access to state and local laws impacting hotel operations in all 50 states, the District of Columbia, and the top 25 U.S. hotel markets. The tool is designed for hotel owners, managers, HR professionals, and lawyers, offering easy navigation and compliance support. AHLA’s advocacy efforts are complemented by this new resource aimed at fostering industry growth and employee welfare. Access is available to members and the public.

💸 Sen. Ted Cruz and others introduced the “No Tax on Tips Act,” exempting cash tips from federal income tax starting in 2025. President Trump, at the Republican National Convention in Milwaukee, endorsed the act, citing a Nevada server's complaint about tax on tips. This act could impact restaurant industry employees, as tips comprise 71% of their minimum wage. Critics argue that about half of tipped workers don't earn enough to pay federal income taxes, and the act doesn't exempt employer payroll taxes or state taxes on tips.

📌 The National Labor Relations Board (NLRB) withdrew its appeal of a federal judge's ruling against the broadened joint employer rule in May. The rule, expanded last fall and struck down by multiple government branches, could have held franchisees and franchisors equally liable for labor terms. The NLRB still supports the legality of the rule despite the blocked appeal, which leaves the possibility of a future challenge open.

🏨 New York City Council introduced a bill on July 18 that could lead to thousands of job losses and hotel closures, affecting the city's nearly 700 hotels and economy. The bill mandates operational changes and would ban non-union hotels from using subcontractors for core functions, pushing towards mandatory unionization. The American Hotel & Lodging Association criticized the policy for its one-size-fits-all approach and lack of hotelier input, urging a more considered review.