COMPLAINT FOR VIOLATIONS OF THE FLSA Page 1 of 7

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JANET M. HEROLD

Regional Solicitor

SUSAN SELETSKY

Counsel for FLSA

GRACE A. KIM, Trial Attorney (CSBN 247456)

Office of the Solicitor

United States Department of Labor

350 S. Figueroa St., Suite 370

Los Angeles, California 90071-1202

Telephone: (213) 894-3950

Facsimile: (213) 894-2064

Email: kim.grace@dol.gov

Attorneys for the Plaintiff

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

THOMAS E. PEREZ,

 Secretary of Labor,

 United States Department of Labor,

 Plaintiff,

 v.

CORLEONE’S PHILLY STEAK, LLC, 

an Arizona corporation; CORLEONE’S 

PHILLY STEAK PART TWO, LLC, an 

Arizona corporation; JERRY SALKO, 

an individual; GIOVANNI CARANCI, 

an individual; ANDREW BAKER, an 

individual.

 Defendants.

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Case No. CV ______

COMPLAINT FOR VIOLATIONS

OF THE FAIR LABOR 

STANDARDS ACT

Plaintiff, THOMAS E. PEREZ, Secretary of Labor, United States 

Department of Labor (“Plaintiff” or the “Secretary”), brings this action to enjoin 

defendants CORLEONE’S PHILLY STEAK, LLC, an Arizona corporation; 

CORLEONE’S PHILLY STEAK PART TWO, LLC, an Arizona corporation; 

JERRY SALKO, an individual; GIOVANNI CARANCI, an individual; ANDREW 

Case 2:15-cv-01743-JWS Document 1 Filed 09/01/15 Page 1 of 7
COMPLAINT FOR VIOLATIONS OF THE FLSA Page 2 of 7

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BAKER, an individual (collectively, “Defendants”) from violating the provisions 

of Sections 7, 11, and 15 of the Fair Labor Standards Act of 1938, as amended (29 

U.S.C. §§ 201, et seq.) (hereinafter called “FLSA” or the “Act”), pursuant to 

Section 17 of the Act; and to recover unpaid compensation owing to Defendants’ 

employees, pursuant to Section 16(c) of the Act.

I 

Jurisdiction of this action is conferred upon the Court by Sections 16(c) and 

17 of the Act and 28 U.S.C. § 1345.

II

a. Defendant CORLEONE’S PHILLY STEAK, LLC (“Corleone’s”) is and at 

all times hereinafter mentioned was an Arizona corporation with offices and places

of business located at 1640 E. Camelback Rd., Ste. 140, Phoenix, AZ, 85016 and 

15040 N. Northsite Blvd., Scottsdale, AZ, 85250, within the jurisdiction of this 

Court, and is, and at all times hereinafter mentioned was engaged in business as a 

restaurant specializing in submarine sandwiches. 

b. Defendant CORLEONE’S PHILLY STEAK PART TWO, LLC

(“Corleone’s Two”) (Corleone’s and Corleone’s Two hereafter collectively 

referred to as “Corporate Defendants”) is and at all times hereinafter mentioned 

was an Arizona corporation with an office and a place of business located at 10637 

N. Tatum Blvd., Phoenix, AZ, 85032, within the jurisdiction of this Court, and is, 

and at all times hereinafter mentioned was engaged in business as a restaurant 

specializing in submarine sandwiches. 

c. Defendant JERRY SALKO, an individual, resides within the jurisdiction of 

this Court, and at all times hereinafter mentioned acted directly or indirectly in the 

interest of the Corporate Defendants in relation to their employees.

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c. Defendant GIOVANNI CARANCI, an individual, resides within the 

jurisdiction of this Court, and at all times hereinafter mentioned acted directly or 

indirectly in the interest of the Corporate Defendants in relation to their employees.

d. Defendant ANDREW BAKER, an individual, resides within the jurisdiction 

of this Court, and at all times hereinafter mentioned acted directly or indirectly in 

the interest of the Corporate Defendants in relation to their employees.

III

Corporate Defendants are and at all times hereinafter mentioned were

engaged in related activities performed through unified operation or common 

control for a common business purpose, and are and at all times hereinafter 

mentioned were an enterprise within the meaning of Section 3(r) of the Act.

IV

Corporate Defendants at all times hereinafter mentioned were an enterprise 

engaged in commerce or in the production of goods for commerce within the 

meaning of Sections 3(s)(1)(A) the Act in that said enterprise at all times 

hereinafter mentioned had employees engaged in commerce or in the production of 

goods for commerce, or employees handling, selling, or otherwise working on 

goods or materials that have been moved in or produced for commerce by any 

person and in that said enterprise has and has had an annual gross volume of sales 

made or business done of not less than $500,000.00.

V

Defendants CORLEONE’S PHILLY STEAK, LLC; CORLEONE’S 

PHILLY STEAK PART TWO, LLC; JERRY SALKO; GIOVANNI CARANCI;

and ANDREW BAKER, violated the provisions of Sections 7 and 15(a)(2) of the 

FLSA, 29 U.S.C. §§ 207 and 215(a)(2), respectively, by employing employees 

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who in workweeks were engaged in commerce or in the production of goods for 

commerce, or who were employed in an enterprise engaged in commerce or in the 

production of goods for commerce, within the meaning of the Act, as aforesaid, for 

workweeks longer than forty hours from at least March 19, 2012 through and 

including March 16, 2015 (“Subject Period”) without compensating said 

employees for their employment in excess of forty hours per week during such 

workweeks at rates not less than one and one-half times the regular rate at which 

they were employed.

VI

Defendants CORLEONE’S PHILLY STEAK, LLC; CORLEONE’S 

PHILLY STEAK PART TWO, LLC; JERRY SALKO; GIOVANNI CARANCI;

and ANDREW BAKER, violated the provisions of Sections 11(c) and 15(a)(5) of 

the FLSA in that they failed to make, keep, and preserve adequate and accurate 

records of employees and the wages, hours and other conditions and practices of 

employment maintained by them as prescribed by regulations duly issued pursuant 

to authority granted in the FLSA and found in 29 C.F.R. Part 516.

VII

During the Subject Period, Defendants CORLEONE’S PHILLY STEAK, 

LLC; CORLEONE’S PHILLY STEAK PART TWO, LLC; JERRY SALKO; 

GIOVANNI CARANCI; and ANDREW BAKER, violated the above-described 

provisions of the FLSA.

Judgment permanently enjoining and restraining such violations of the 

FLSA is specifically authorized by Section 17 of the FLSA, 29 U.S.C. § 217.

WHEREFORE, cause having been shown, the Secretary prays for a 

judgment against Defendants as follows:

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a. For an Order pursuant to Section 17 of the Act, permanently enjoining and 

restraining Defendants CORLEONE’S PHILLY STEAK, LLC; CORLEONE’S 

PHILLY STEAK PART TWO, LLC; JERRY SALKO; GIOVANNI CARANCI;

and ANDREW BAKER, their officers, agents, servants, employees, and those 

persons in active concert or participation with them from prospectively violating 

the aforementioned provisions of Section 15 of the Act; and 

b. For an Order:

i. pursuant to Section 16(c) of the Act finding Defendants liable for unpaid 

compensation due Defendants’ employees and for liquidated damages equal in 

amount to the unpaid compensation found due Defendants’ employees listed in the 

attached Exhibit A (additional back wages and liquidated damages may be owed to 

certain employees presently unknown to the Secretary for the period covered by 

this Complaint); or in the event liquidated damages are not awarded;

ii. pursuant to Section 17 of the Act enjoining and restraining Defendants, their 

officers, agents, servants, employees and those persons in active concert or 

participation with Defendants, from withholding payment of unpaid back wages 

found to be due Defendants’ employees and pre-judgment interest computed at the 

underpayment rate established by the Secretary of Treasury pursuant to 26 U.S.C. 

§ 6621; 

c. For an Order awarding the Secretary the costs of this action; and 

d. For an Order granting such other and further relief as the Court deems to be 

necessary or appropriate.

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Dated: ______, 2015 M. PATRICIA SMITH

Solicitor of Labor

JANET M. HEROLD

Regional Solicitor

SUSAN SELETSKY

Counsel for FLSA

__/s/ Grace A. Kim______

GRACE A. KIM

Trial Attorney

 U.S. DEPARTMENT OF LABOR

Attorneys for Plaintiff

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EXHIBIT A

No. Employee

1 Becerra, Miguel

2 Beruman, Eric

3 Contreras, Sergio

4 Hatch, Joslyn

5 Hernandez Sanchez, Saul

6 Katz, Elliot

7 La Rocca, Joey

8 Mancuso, Corey

9 Molina, Jorge

10 Montejano, Ignacio

11 Ortiz, Jorge

12 Renteria, Jesus

13 Rios Teja, Jose

14 Sanchez, Alexander

15 Shostak, Nicholas

16 Upton, David

17 Villeraldo, Jose

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