see also Hapanowicz v. Alexandria Tile Co., No. 11-CV-127, 2014 WL 1311441, at *6 (E.D.N.Y. Mar. 31, 2014) (finding plaintiffs were not required to exhaust the NYLL § 220 administrative process because they could pursue “a common law breach of contract claim as the intended third-party beneficiary of a public works contract”); Sobczak v. AWL Indus., Inc., 540 F.Supp.2d 354, 361 (E.D.N.Y.2007) (“New York law permits parallel remedies, allowing employees to pursue either administrative claims under, or sue as third-party beneficiaries of, state prevailing wage contracts.”). However, the cases make clear that the alternative common law remedy is as a third-party beneficiary to a public contract, not any agreement between the employee and the employer. See Hapanowicz, 2014 WL 1311441 at *6 (<HOLDING>); Sobczak, 540 F.Supp.2d at 361 (same). Here,
recognizing common law cause of action as thirdparty beneficiary recognizing cause of action holding that the governments cooperation with a thirdparty is not sufficient to establish a thirdparty beneficiary relationship recognizing the cause of action holding that the thirdparty beneficiary theory did not apply