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Last week, a split D.C. Circuit panel decided waste management company Browning-Ferris’ appeal of the Obama-era expansion of the National Labor Relations Board’s joint employer standard is back on, saying “extraordinary circumstances” trumped a previous order that kicked the case back to the NLRB.

The panel majority granted a motion by the NLRB and rescinded a Dec. 22 order to remand Browning-Ferris Industries of California Inc.’s appeal, which challenged the labor board’s August 2015 decision to loosens its joint employer definition.