Internship Contract Agreement Template for the United States

An Internship Contract Agreement is a legally binding document that formalizes the relationship between an employer and intern in the United States. This agreement serves as crucial protection for both parties while ensuring compliance with federal employment laws, particularly the Fair Labor Standards Act (FLSA) and Department of Labor guidelines that govern internship programs.

When do you need this document?

You need an Internship Contract Agreement whenever your organization brings on an intern, whether paid or unpaid. This includes summer internship programs, semester-long academic placements, graduate school internships, and post-graduation training positions. The document is particularly critical for unpaid internships, as federal law requires these programs to meet specific criteria under the Department of Labor's six-factor test. You should also use this agreement when partnering with educational institutions, as it helps establish the academic credit requirements and educational objectives that justify unpaid positions.

Key legal considerations

The most important legal consideration is ensuring your internship program complies with the FLSA's "primary beneficiary test," which determines whether an intern must be paid minimum wage. Your agreement must clearly establish the educational nature of the program, including specific learning objectives, academic supervision, and skill development opportunities. Include comprehensive confidentiality clauses to protect proprietary information, as interns often access sensitive company data. Address intellectual property ownership for any work created during the internship, and ensure your agreement includes proper termination procedures. Consider including liability waivers and workers' compensation coverage details, as intern injuries can create complex legal issues.

Legal requirements in United States

Under federal law, your Internship Contract Agreement must demonstrate that the intern is the "primary beneficiary" of the work relationship rather than the employer. This requires including specific educational components, such as training programs, academic credit arrangements, and mentorship structures. The agreement must comply with Title VII of the Civil Rights Act and the Americans with Disabilities Act, ensuring non-discriminatory practices in intern selection and treatment. Include clear statements about the temporary nature of the position and avoid promises of future employment. For unpaid internships, document how the program provides educational benefits similar to academic coursework and ensure the intern's work supplements rather than displaces regular employees. State-specific requirements may also apply, particularly regarding workers' compensation coverage and mandatory break periods, so verify local employment laws in your jurisdiction.