212626P.pdf   04/26/2022  David Gamble  v.  Minnesota State-Operated Svcs
   U.S. Court of Appeals Case No:  21-2626
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Gruender, Author, with Benton and Erickson, Circuit Judges] 
   Civil Case - Fair Labor Standards Act. Civil detainees who participate in 
   voluntary Vocational Work Program in the Minnesota Sex Offender Program 
   sued state defendants that they failed to pay minimum wage under the Fair 
   Labor Standards Act. Detainees are paid $10 per hour but the state 
   withholds up to 50% of the wages for the cost of their care. The district 
   court concluded the detainees were not employees and alternatively that 
   defendants were immune under the Portal-to- Portal Act. Sexually dangerous 
   civil detainees are not state employees, there is not bargained-for 
   exchange of labor for mutual economic gain; detainees are under the 
   control and supervision of the detention facility; the purpose of the 
   program is to provide treatment; the program does not generate profits; 
   the detainees have their basic needs met by the state, including medical 
   care and meals. The detainees' arguments that used of their labor creates 
   unfair competition is not convincing, as the program does not provide 
   goods or services to private entities and program must consult with the 
   labor market to ensure the activities are in the best interests of the 
   stakeholders. Because the detainees are not employees, we need not decide 
   if defendants are immune.