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MUMBY v. PURE ENERGY SERVICES (USA), INC.

No. 10-8030.

636 F.3d 1266 (2011)

Paul A. MUMBY; Eric Holtzclaw; William G. Johnson; John Pazej, Jr.; Ritta Peavler; James G. Rauch; Jerome G. Rauch; David Reddin; and others similarly situated, Plaintiffs-Appellees, v. PURE ENERGY SERVICES (USA), INC., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 22, 2011.

Attorney(s) appearing for the Case

Walter V. Siebert of Sherman & Howard L.L.C., Denver, CO, for Defendant-Appellant.

Alan S. Kaufman of Chamberlain, Kaufman & Jones, Albany, NY, for Plaintiffs-Appellees.

Before MURPHY, McKAY, and O'BRIEN, Circuit Judges.

McKAY, Circuit Judge.

Pure Energy Services appeals the district court's decision on summary judgment, which found Pure Energy's violations of the Fair Labor Standards Act ("FLSA") to be willful and unreasonable. The thrust of Pure Energy's argument is that it should be allowed to both rely on and disregard advice of counsel in order to avoid a three-year statute of limitations and liquidated damages. We disagree, and we therefore affirm.

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