The plaintiff is one of approximately 200 operators working for a marketing company that provides customer relationship

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The plaintiff is one of approximately 200 operators working for a marketing company that provides “customer relationship management services” to corporate clients nationwide. Since early 2006, she has been assigned to work exclusively on the Bank of America account. The computer, software programs, and databases that she uses in performing this work are owned and supplied by Bank of America. The operators identify themselves as representatives of the bank when dealing with customers. The bank provides training on bank products and procedures to the operators. The bank oversees day-to-day operations by monitoring phone calls to ensure that its procedures are being followed. The plaintiff works in a call center owned by the marketing company. She was hired and is paid and scheduled by the marketing company, which also maintains her personnel records. The plaintiff and the other operators brought a class-action lawsuit against both the marketing firm and the client bank, alleging improper compensation. Is the bank a joint employer of these call center workers? Why or why not? (Lepkowski v. Telatron Marketing Group and Bank of America, 2011 U.S. Dist. LEXIS 9388 (W.D. Pa.).

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