Luann Lepkowski is one of about two hundred employees of Telatron Marketing, a company that provides customer

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Luann Lepkowski is one of about two hundred employees of Telatron Marketing, a company that provides “customer relationship management services” to corporate clients nationwide. Since early 2006, Ms. Lepkowski 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 Ms. Lepkowski and the other operators. The bank oversees day-to-day operations by monitoring phone calls to ensure that their procedures are being followed. Ms. Lepkowski works in a call center owned by Telatron. She was hired and is paid and scheduled by Telatron, which also maintains her personnel records. Ms. Lepkowski and the other operators brought a class action lawsuit against both Telatron and the Bank of America, alleging improper compensation. Is the Bank of America a joint employer of these call center workers?

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