If you have ever fired off applications only to realize the job may never have existed in the first place, state lawmakers say they are coming for that practice. The New York State Senate this week signed off on a bill that would force employers and job sites to clearly say whether a listing is for a real, active opening or just a résumé grab, a category critics have started calling “ghost jobs.” Supporters say the change could save applicants hours of wasted effort and give policymakers a cleaner read on who is actually hiring. The measure now heads to the Assembly.
The bill passed on a 39-19 vote, according to Spectrum News. Its sponsor, Senate Deputy Leader Mike Gianaris, argued on X that “Ghost jobs aren't just frustrating, they're dishonest and exploitative.”
What the Bill Would Require
S.8877 would add a new section to the Labor Law requiring both printed and digital job ads to spell out when, or whether, a position is expected to be filled, and to do so in capital letters and bold type. The proposal lays out three labeled options: a “fill-by” date for roles that are expected to be filled within 90 days, wording for positions that are not expected to be filled for more than 90 days, or a clear notice that a posting is not for a current vacancy but is collecting résumés for future openings.
The rules would apply to employers with 100 or more employees and to third-party entities that post jobs on their behalf. Listings would have to come down within two weeks after a position is filled, and the state Department of Labor would be allowed to audit and take complaints, according to the bill text published by the New York State Senate.
Study That Prompted the Push
Lawmakers have been pointing to recent research that tries to capture how widespread ghost listings really are. One analysis from Clarify Capital looked at roughly 176,268 live listings on Indeed and flagged about one in seven as likely “ghost jobs,” identifying patterns by industry and seniority level. The write-up also lays out the scraping methodology and describes reasons employers sometimes leave postings up longer than the actual hiring activity would suggest, as detailed by Clarify Capital.
Enforcement and Penalties
The bill proposes a $2,500 fine for every publication or digital platform where a noncompliant ad appears, with the penalty doubling for each 30-day period the listing stays up in violation of the rules. It also gives the Department of Labor authority to write regulations and conduct audits to make sure employers and job sites fall in line. The sponsor’s memo states that the measure would take effect immediately if it becomes law, and those enforcement details are written directly into the text.
How This Could Play Out
Experts who follow hiring trends say ghost listings can stem from several motives, from building a talent pipeline to projecting growth during a hiring freeze, which could make real-world enforcement and interpretation complicated. Job boards and large employers would likely need new tagging systems and monitoring tools to keep postings accurate, and critics warn that could mean extra administrative work for HR departments. Coverage of the rise of ghost jobs has described these tradeoffs and what they mean for applicants and labor-market data, as reported by CNBC.
The Senate vote is one more sign that states are trying to tighten transparency rules around hiring, with supporters arguing that clearer labels on postings could cut down on pointless applications and rebuild some trust in the process. Backers and skeptics alike are now watching the Assembly, and the Department of Labor’s potential role in audits and enforcement, a next step noted in reporting by Spectrum News.
