Do paid interns get overtime?

Yes, generally. A paid intern is typically a non-exempt employee under the FLSA, entitled to at least minimum wage and to overtime at 1.5x the regular rate for hours over 40 in a workweek. Use the highest of the federal, state, and local minimum wage.

What is the difference for a nonprofit or government internship?

The rules are more permissive: people may volunteer time for civic, charitable, or humanitarian purposes for a public agency or nonprofit without pay, provided they do not displace regular employees. Select the government/nonprofit variant for that language.

Does this agreement guarantee a job after the internship?

No. Section 6 explicitly states there is no guarantee of future employment, and the internship is at-will — either party can end it at any time. A promise of a paid job at the end actually cuts against the unpaid-internship analysis.

Who owns what the intern builds?

Under Section 5, work product created within the scope of the internship using company resources belongs to the employer, and the intern assigns it. Work the intern produces for academic credit stays subject to their school’s IP policy — confirm there is no conflict where the project serves both.

Do paid interns get overtime?

Yes, generally. A paid intern is typically a non-exempt employee under the FLSA, entitled to at least minimum wage and to overtime at 1.5x the regular rate for hours over 40 in a workweek. Use the highest of the federal, state, and local minimum wage.

What is the difference for a nonprofit or government internship?

The rules are more permissive: people may volunteer time for civic, charitable, or humanitarian purposes for a public agency or nonprofit without pay, provided they do not displace regular employees. Select the government/nonprofit variant for that language.

Does this agreement guarantee a job after the internship?

No. Section 6 explicitly states there is no guarantee of future employment, and the internship is at-will — either party can end it at any time. A promise of a paid job at the end actually cuts against the unpaid-internship analysis.

Who owns what the intern builds?

Under Section 5, work product created within the scope of the internship using company resources belongs to the employer, and the intern assigns it. Work the intern produces for academic credit stays subject to their school’s IP policy — confirm there is no conflict where the project serves both.

Internship Agreement

Internship terms for employer and intern — role, duration, paid/unpaid (with FLSA primary-beneficiary note), supervisor, learning objectives.

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INTERNSHIP AGREEMENT

This Internship Agreement (this "Agreement") is entered into as of May 23, 2026 between Acme Corporation, of 500 Market Street, San Francisco, CA 94105 (the "Employer"), and Pat Doe, of 12 College Ave, Berkeley, CA 94704 (the "Intern").

1. POSITION
The Intern will serve as Software Engineering Intern in the Employer’s Platform Engineering, reporting to Jordan Lee, Engineering Manager (the "Supervisor").

2. TERM AND SCHEDULE
The internship begins on ____________ and ends on ____________, at approximately 20 hours per week. Either party may end the internship at any time, with or without cause, on written notice (at-will).

3. COMPENSATION & FLSA STATUS
This is a PAID internship. The Employer will pay the Intern $22.00 per hour, no less than the highest applicable federal, state, and local minimum wage, and will pay overtime at one-and-one-half times the regular rate for hours worked over 40 in a workweek as required by the Fair Labor Standards Act and California law. The Intern is classified as an employee for wage-and-hour purposes.

4. LEARNING OBJECTIVES & SUPERVISION
The internship is structured around the following learning objectives, with mentorship from the Supervisor:

1. Gain hands-on experience with a production codebase under code review.
2. Complete a scoped project end-to-end with mentor guidance.
3. Develop skills in testing, version control, and agile delivery.

5. CONFIDENTIALITY & INTELLECTUAL PROPERTY
The Intern will keep the Employer’s confidential information confidential during and after the internship. All work product the Intern creates within the scope of the internship using the Employer’s resources is the Employer’s property, and the Intern assigns such work product to the Employer to the extent permitted by law. Academic work the Intern produces for course credit remains subject to the Intern’s school’s policies.

6. NO GUARANTEE OF EMPLOYMENT
This Agreement does not create an employment contract for any fixed term and does not guarantee an offer of employment after the internship ends.

7. GOVERNING LAW
This Agreement is governed by the laws of the State of California.

ACKNOWLEDGED AND AGREED:

EMPLOYER                                INTERN

By: _____________________________      _____________________________
Name: Acme Corporation          Name: Pat Doe
Title: __________________________       Date: _______________________
Date: ___________________________

About this template

The single decision that defines an internship agreement is paid vs. unpaid — and for a for-profit employer that is not a free choice. Under the FLSA, an unpaid internship is lawful only when the intern, not the company, is the "primary beneficiary." The Department of Labor’s 7-factor test (Fact Sheet #71, adopted 2018 after Glatt v. Fox Searchlight) looks at whether the work is tied to education, complements rather than replaces paid staff, and carries no promise of a paid job. Get that wrong and an "intern" is legally an employee owed back wages and overtime. Paid interns are simpler: treat them as employees and pay at least the highest applicable minimum wage. Beyond pay, a good agreement sets concrete learning objectives (the thing that justifies an unpaid arrangement), names a real supervisor, handles confidentiality and IP, and states clearly that the internship is at-will with no guarantee of a future job.

When to use it

Bringing on a summer or semester intern at a company or startup.
Formalizing an academic-credit internship coordinated with a school.
Documenting a paid internship’s rate, hours, and at-will status.
Setting expectations on confidentiality and ownership of work product.

What to include

Parties, role, department, and named supervisor.
Term, start/end dates, and weekly hours.
Paid/unpaid status with the correct FLSA treatment.
Concrete learning objectives.
Confidentiality and IP assignment.
At-will statement and no guarantee of employment.

Frequently asked

Only if the intern is the "primary beneficiary" under the DOL’s 7-factor test (Fact Sheet #71). In practice that means the internship is tied to the intern’s education or academic credit, provides training rather than just productive labor, does not displace paid employees, and carries no promise of a paid job. If the company is the primary beneficiary, the intern is an employee owed minimum wage and overtime.

⚠ Legal disclaimer. This template is provided for informational purposes only and is not a substitute for legal advice from a qualified attorney. Always consult a licensed professional before using this document for any binding agreement.

Jurisdiction: United States — Fair Labor Standards Act (29 U.S.C. §201 et seq.); DOL Wage & Hour Division Fact Sheet #71 (Jan 2018, 7-factor primary-beneficiary test); Glatt v. Fox Searchlight Pictures, 811 F.3d 528 (2d Cir. 2015); plus state wage-and-hour law (use the highest applicable minimum wage).

Last reviewed: 2026-05

Reviewed by ScoutMyTool — consult a licensed attorney for binding use.