From your questions, it appears that the seasonal workers are actual employees of your company. (Some companies hire seasonal workers through a temporary service, and the temporary service continues to "own" the seasonal workers, which would change the nature of the answer I'm going to give.) In essence, if a seasonal worker who is part of your payroll is being moved to a regular position, that employee is receiving a promotion or transfer. There is no requirement in any of the affirmative action regulations to post a promotion or transfer. The only formal "posting" requirement is found in the veterans regulations, and this requirement applies to posting (or "listing") positions with the local Employment Service Delivery System when there will be external candidates considered . There are certainly requirements in all of the affirmative action regulations to conduct outreach, but no other posting requirements per se. Part of your concern seems to involve the data metrics that must be kept under the revised veteran and disability regulations. There is considerable confusing that is arising because of OFCCP's convoluted discussion in its FAQs under the revised regulations on what constitutes a job opening, a job filled, and a hire. Whether a situation where there is a promotion or transfer in which only one candidate is considered constitutes a "job opening" is unclear. A promotion or transfer is certainly a "job filled" according to the FAQS. A promotion or transfer that involved a competitive consideration of candidates is a "hire" according to the FAQs, though a non-competitive situation is not a "hire." You are certainly allowed to open a requisition when an employee moves from seasonal to regular status to help you track job openings, jobs filled, and "hires" under the revised veteran and disability regulations. Whether you want to do this is up to you. However, if this is truly an internal move by an employee from one position to another, there is no formal posting requirement for this position under any of the federal affirmative action regulations and no formal requirement to open a requisition for this type of action. As with so much of what is occurring with the revised federal regulations, this situation is somewhat murky. The answer I've provided here should not be interpreted as legal advice, and you may want to contact your attorney or service provider to get additional input that is relevant to your specific situation.

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