Speaking of the tipped wage and tip credits, the restaurant industry has filed a federal lawsuit against the Department of Labor challenging to the Obama-era regulation implementing the so-called 80-20 standard for tipped work and prohibiting the tip credit. The lawsuit was filed with the US District Court for Western Texas in Austin by the Texas Restaurant Association and the Restaurant Law Center (the litigation arm of the National Restaurant Association) last Friday. The industry challenges the 80-20 standard, which provides that tipped employees who spend more than 20 percent of their working hours on non-tipped duties cannot be paid the sub-minimum wage for the time when they are performing non-tipped duties. The suit, by which the industry contends the standard was instituted without allowing public comment in violation of the rulemaking process and was “arbitrary, capricious and irrational.”