OFCCP does not define the term "intern" in any of its regulations. Each individual organization has the right to determine whether an individual is an "intern." OFCCP is interested in whether persons or employees or non-employees. Interns who are paid by an organization and whose work is controlled by that organization, regardless of number of hours employed or nature of the work, would typically be considered employees. OFCCP also does not define the terms "temporary," "regular," "part-time," or "full-time" as they relate to employment status. Organizations are allowed to determine what constitutes part-time and full-time status. An individual's status as a temporary suggests that individual will be working for the organization for a limited period. OFCCP has defined no time frame that distinguishes a temporary from a regular employee. The only specific language relating to temporary employees is found in OFCCP's veteran regulations, which state that positions of three days or more must be listed with the relevant Employment Service Delivery System (assuming that these positions met several other criteria found in the veterans regulations). (See 41 CFR 60-300.5) There are also two types of temporaries who may work for an organization. There are temporaries who work directly for an organization and who are on that organization's payroll, and temporaries who work for a temporary agency and are placed on an organization's job site. OFCCP would suggest that temporaries who work directly for an organization that is a federal contractor or subcontractor should be included in statistical reports prepared under OFCCP's regulations. OFCCP has in the past suggested that temporaries working through a temporary agency at the worksite of a federal contractor or subcontractor would not be included in the statistical reports prepared by the federal contractor or subcontractor until and unless temporaries of this type are moved to the contractor or subcontractor's regular payroll. The current status of what OFCCP expects in regard to tracking information on temporaries working at a contractor or subcontractor site through a temporary service is somewhat murky, though. The simple answer to your question is that your organization basically gets to define the terms you have listed above. OFCCP's interest is in whether you properly track information and provide affirmative action for applicants and employees.

You can use this OFCCP audit checklist to ensure you're doing what is required to maintain OFCCP's regulations including VEVRAA, Section 503, and EO 11246. Or request a demo to streamline your compliance and recruiting efforts.