Speaking of proposed rulemakings, the Department of Labor got in the game this week as well with two different issues. First, the Office of Management and Budget (OMB) within the White House has begun its review of the DOL’s proposed final rule on drug testing. As drafted, the rule will allow states to drug-test unemployment insurance recipients and replace an Obama-era policy (technically repealed by Congress in 2017 under the Congressional Review Act). The interesting twist here is in the fact that under the CRA, federal agencies are prohibited from subsequently issuing a regulation “substantially the same” as the rule rejected by Congress. Although it is clearly at risk of a court challenge, DOL contends their new rule is “fundamentally different” from the earlier rule and applies to “a far larger group” of applicants. The second issue is prompted by DOL publication of new forms for use in Family and Medical Leave situations. With the notice of the new proposed forms published in the Federal Register this week, the 60-day public comment period is now open and interested parties are invited to submit their comment by October 8, 2019. The revisions were proposed by the DOL Wage and Hour Division (WHD) to their optional forms for public use in the administration of the Family and Medical Leave Act (FMLA).