Mr. Holmes has a national practice, focusing on class and collective action cases. For the past 20 years, Mr. Holmes has served as lead counsel and successfully prosecuted numerous large, multimillion dollar class and collective action cases, in the areas of antitrust, consumer, contract, and wage and hour law.
Mr. Holmes served as lead counsel in hundreds of other employment, wrongful death, product liability and tort actions.
Education & Credentials
Education
University of Alabama
B.A., 1983- cum laude
- Member, University of Alabama Debate Team – Freshman National Semi-Finalist
Vanderbilt University School of Law
J.D., 1986- Member, Jessup International Moot Court Team, 1984-1985
- Vanderbilt Journal of Transnational Law, Associate Editor, 1985 -1986
Bar Admission
Representative Clients
- P.A.M. Transport, Inc.
- Teksid Aluminum Foundry, Inc.
- The Scooter Store
- Zurich North America
Prominent Assignments
- Retained to represent current and former employees of a hotel company in a nationwide collective action asserting that the company willfully violated the FLSA by failing to properly calculate overtime pay nationwide.
- Served as counsel to approximately 75 current and former sales representatives of a business services company in a collective action under the Fair Labor Standards Act (FLSA), and over 1,600 current and former sales representatives in a breach of contract class action, asserting that the company willfully violated the FLSA by failing to pay overtime, as well as breaching the contracts it entered into with sales representatives by failing to pay them for all hours worked dating back into fall 2009.
- Represented a trucking company in this long-running FLSA collective action, settling the case favorably for the client on the eve of trial.
- Served as counsel to current and former Concierges (Marketers) and Marketing Managers in a nationwide collective action asserting that employer willfully violated the FLSA by failing to correctly calculate overtime pay nationwide.
- Successfully obtained court approval for settling a nationwide Fair Labor Standards Act (FLSA) collective action and state law class action lawsuit brought against luxury gaming and resort companies. The case represented sales representatives, marketing supervisors, and concierges.
- Represented 36th District Court in reference to a putative class action in federal court, which was successfully dismissed and resolved after strategic motion practice, obtaining a stay, and years of negotiation.
- Represented current and former sales representatives employed by a hotel chain in a collective action under the FLSA asserting that the defendant willfully violated the FLSA by failing to pay overtime at one of their properties.
- Served as counsel to a trucking company in a wage and hour collective action filed under the Fair Labor Standards Act.
- Supported plaintiffs, opt-in plaintiffs, and approximately 1,000 putative class members misclassified as “independent contractors” by a concrete company in an FLSA collective action and Tennessee state law class action.
Professional Involvement
- American Bar Association, Class Actions and Derivative Suits Committee; Section of Litigation
- Federal Bar Association
- Nashville Chapter President (2012-2016)
- Tennessee Bar Association
- Nashville Bar Association
Community Involvement
- Youth Incorporated, Board Member
- Tennessee Christian Medical Center Foundation, Board Member
Publications/Presentations
- Author, “The DOL to Bring Back the 80/20 Rule for Tipped Employees with an Additional 30-Minute Rule,” Dickinson Wright All Things HR Blog, July 2021