Johnson v. Carlo Lizza & Sons Paving, Inc.

OPINION & ORDER

Paul A. Engelmayer, District Judge:

Plaintiffs Donald Little and Terrence Johnson allege here that defendants— *608three companies and one individual in the paving business, who allegedly employed plaintiffs as “flagmen” on public works projects in New York City — failed to pay overtime wages, as required by federal and state labor law, and to pay prevailing wages,1 as required by a contract to which plaintiffs were third-party beneficiaries. Defendants now move to dismiss plaintiffs’ breach-of-contract claim for failure to exhaust administrative remedies and their alternatively…