New York lawmakers have passed a bill (S8877) aimed at tackling "ghost jobs," which are job postings that do not reflect an active vacancy or an immediate intent to hire. This legislation requires employers to clearly disclose whether a role is a current vacancy to be filled within 90 days (with a start date), a current vacancy to be filled in more than 90 days (with a "no sooner than" date), or if the employer is simply collecting resumes for future opportunities. The bill, which applies to companies with 100 or more employees and third-party job posting platforms, also mandates that job ads be removed within two weeks of a role being filled, with penalties starting at $2,500 per violation.
"Ghost jobs" have become a significant frustration for job seekers, as employers sometimes post roles with no intention of hiring, leading applicants to spend considerable time on applications with little chance of a response. A 2024 ResumeBuilder survey indicated that 40% of employers admitted to posting roles without immediate intent to fill them, and 30% leave filled or inactive listings live. Critics argue this practice misleads applicants, wastes their time, and negatively impacts morale. The problem also distorts labor market data, as traditional measures of job openings may not accurately reflect actual hiring opportunities.
Beyond New York, other states are also considering similar measures. Pennsylvania's Ghost Job Postings Prevention Act (HB2321) would require employers to clarify if a position is existing, anticipated, or new, provide an estimated hiring timeframe and start dates, and disclose the use of artificial intelligence in hiring. New Jersey, California, and Kentucky have also proposed comparable bills. These legislative efforts represent a shift in job advertisement regulation, moving "from pay transparency to hiring transparency," as noted by attorney Stacey A. Bastone, as states aim to address concerns about misleading job postings and the prevalence of "ghost jobs."
