Unpaid internships have long been a common way for individuals to gain work experience and build their resumes without having to go through the traditional hiring process. However, it is important to note that there are certain legal requirements when it comes to setting up an unpaid internship agreement.
One of the essential components of an unpaid internship agreement is a clear outline of what the intern can expect to gain from the experience. This includes a description of the tasks the intern will be performing, the skills they will be developing, and the goals they will be working towards.
In addition to outlining the intern`s responsibilities, the agreement should also include a section on the employer`s obligations. This should cover any training or mentorship that the employer will be providing, as well as any resources or equipment that the intern will need to perform their tasks.
Another important aspect of an unpaid internship agreement is the duration of the internship. Employers should clearly state the start and end date of the internship, as well as the number of hours per week that the intern will be expected to work.
Crucially, it is important to note that unpaid internships must comply with federal and state labor laws, including the Fair Labor Standards Act (FLSA). Employers must ensure that the internship meets the criteria for an unpaid position, namely that the intern is being trained for their own educational benefit and that their work does not displace paid employees.
To that end, unpaid internship agreements should also include a disclaimer that the intern will not be guaranteed a job at the end of their internship, and that the internship does not constitute a promise of future employment.
In general, an unpaid internship agreement should be clear, concise, and legally compliant. Employers should work with legal counsel to ensure that their agreements follow all relevant laws and regulations, and that they protect the rights of both the employer and the intern.
Here is an example of an unpaid internship agreement that covers the key points discussed:
UNPAID INTERNSHIP AGREEMENT
This Unpaid Internship Agreement (“Agreement”) is made between [Employer] (“Employer”) and [Intern] (“Intern”) on [Date].
1. Purpose and Scope of Internship. The purpose of the internship is to provide Intern with hands-on experience in [Industry/Field] and an opportunity to develop their skills in [Specific Areas]. Intern will be performing the following tasks: [List of Tasks].
2. Employer Obligations. Employer will provide Intern with [Training/Mentorship] in order to help them develop their skills in [Specific Areas]. Employer will also provide Intern with any resources or equipment that they need to perform their tasks.
3. Duration of Internship. The internship will begin on [Start Date] and end on [End Date]. Intern will be expected to work [Number] hours per week.
4. Compliance with Labor Laws. Employer acknowledges that the internship must comply with all federal and state labor laws, including the Fair Labor Standards Act (FLSA). Employer certifies that the internship meets the criteria for an unpaid position, namely that Intern is being trained for their own educational benefit and that their work does not displace paid employees.
5. No Promise of Employment. This internship does not constitute a promise of future employment, and Intern will not be guaranteed a job at the end of their internship.
6. Confidentiality. Intern agrees to keep confidential all information they learn during the course of their internship, including any trade secrets or proprietary information.
7. Termination. Employer or Intern may terminate the internship at any time with or without cause by providing written notice to the other party.
8. Governing Law. This Agreement will be governed by the laws of the state of [Insert State].
9. Entire Agreement. This Agreement constitutes the entire agreement between Employer and Intern and supersedes all prior negotiations, understandings, and agreements.