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Unpaid Internship Agreement Template for United States

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Key Requirements PROMPT example:

Unpaid Internship Agreement

"I need an Unpaid Internship Agreement for a tech startup hosting three marketing interns from Stanford University starting March 2025, with specific provisions for intellectual property protection and remote work arrangements."

Document background
The Unpaid Internship Agreement is essential for organizations offering educational opportunities to students or individuals seeking practical experience in their field of study. This document ensures compliance with U.S. federal and state labor laws while protecting both the host organization and the intern. It specifically addresses the Department of Labor's criteria for legal unpaid internships, including the educational benefits, supervision arrangements, and the understanding that the position is unpaid. The agreement is particularly important given the increased scrutiny of unpaid internships and the need to demonstrate clear educational value over employer benefit.
Suggested Sections

1. Parties: Identification of the organization and intern

2. Background: Context of the internship program and its educational purpose

3. Definitions: Key terms used throughout the agreement

4. Internship Terms: Duration, hours, location, and nature of internship

5. Educational Benefits: Learning objectives and educational components

6. Supervision and Evaluation: Details of oversight and assessment

7. Unpaid Status Acknowledgment: Clear statement regarding unpaid nature of internship

8. Termination: Conditions for ending the internship

Optional Sections

1. Academic Credit: Details about academic credit and requirements for academic institution

2. Intellectual Property: Rights to work product created during internship

3. Confidentiality: Non-disclosure obligations and handling of confidential information

4. Immigration Status: Visa requirements and compliance for international students

Suggested Schedules

1. Schedule A - Internship Description: Detailed description of intern's duties and responsibilities

2. Schedule B - Learning Objectives: Specific educational goals and outcomes

3. Schedule C - Evaluation Criteria: Performance assessment metrics and evaluation framework

4. Schedule D - Company Policies: Relevant organizational policies applicable to intern

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Fair Labor Standards Act (FLSA): Primary federal law governing internships that establishes the Department of Labor's 'Primary Beneficiary Test' with seven criteria for determining the legality of unpaid internships

Department of Labor Guidelines: 2018 updated guidelines providing a flexible test for determining employee status in internship programs

State-Specific Labor Laws: Various state-level requirements and regulations that may be stricter than federal laws, including state-specific minimum wage laws and internship regulations

Civil Rights Laws: Including Title VII of the Civil Rights Act, Age Discrimination in Employment Act, Americans with Disabilities Act, and equal opportunity requirements applicable to interns

Workers' Compensation Laws: State-specific requirements regarding coverage and protections for interns in the workplace

Educational Requirements: Regulations regarding connection to academic programs, academic credit considerations, and educational benefit requirements for unpaid internships

Occupational Safety and Health Act (OSHA): Workplace safety requirements and training obligations that apply to interns in the workplace

Immigration Laws: Regulations regarding visa requirements and restrictions for international student interns

Primary Beneficiary Test Criteria: Seven-factor test including: intern's benefit, educational purpose, no displacement of employees, unpaid status understanding, no immediate employer advantage, educational environment-like training, and no employment guarantee

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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