( May 28, 2024, 2:18 PM EDT) -- NEW ORLEANS — Two workers who each earned more than $100 per hour do not fall within the Fair Labor Standards Act’s (FLSA) exemptions for “highly compensated employees” or “learned professionals” as they are not paid on a “salary basis,” a Fifth Circuit U.S. Court of Appeals panel ruled May 24 in a second pass at the appeal by the employer and affirming a trial court’s judgment; however, the panel vacated the judgment imposing liquidated damages and remanded for reconsideration, finding that new evidence presented by the employer should have been considered....