New York fires the first shot against misleading job postings. Under NY’s Ghost Job bill, employers would be forced to reveal whether a role actually exists and when they expect to fill it. If signed into law, New York’s landmark ghost jobs bill will bring long-overdue transparency to a job market increasingly plagued by dirty practices.
According to a widely cited survey by ResumeBuilder, 40% of companies posted a fake job listing in 2024. This figure is not weakening anytime soon. Thanks to The Great Resignation and the economic uncertainty over the past few years, ghost job postings by companies have increased in number, affecting graduates looking for their big corporate start in the C-suite division.
This may come to an end soon. At least in New York.
New York state lawmakers passed a bill on June 2 in hopes of cracking down on misleading job postings. If New York Governor Kathy Hochul signs the bill into law, companies with 100 or more employees will have to include language in job postings specifying if, and when, they intend to fill an advertised position.
What’s wrong with ghost jobs?
Ghost job ads essentially provide employers a wide casting net to secure a pool of resumes in the short term. Some employers use this move as a psychological tool to shape a perception of success and growth, both inside and outside of the company. In many cases, these job listings are made to motivate employees who may be hoping for additional help with their workloads.
The New York Department of Labor will have the authority to audit companies, and aggrieved job seekers can report violations.
But job seekers do not see any benefits from this strategy. Ghost openings are more or less a massive time sink for them. Filling just one application without the help of AI can take several hours if a serious applicant takes their time to research the company, personalize their resume, and add a cover letter.
The staggering volume of ghost job openings is becoming increasingly problematic and an obstacle for those in serious need of work.
New York’s ‘Ghost Job’ bill promises clarity and transparency
New York’s ‘Ghost Job’ bill, known as S8877, aims to do a lot more than just crack down on ghost openings. If enacted, New York could become one of the first states in the country to directly regulate misleading job postings.
Key provisions of NY’s ghost job bill
The bill outlines a number of provisions that employers must follow when they post a job online:
Employers must be transparent about hiring intent
The job postings must clearly disclose whether:
- The role is a current vacancy that will be filled in 90 days.
- The role exists but is not expected to be filled for more than 90 days.
- There is no current vacancy, and the company is simply collecting resumes for future openings.
This particular provision alone will provide the transparency job seekers deserve when they dedicate their time, without being led astray by fake job openings.
Mandatory language in job postings
The NY Ghost Job bill will ensure there is no workaround utilized by employers to resume posting fake jobs. Employers will have to be upfront about their hiring intentions and ensure that the:
- Required disclosures appear in bold, capital letters.
- Expected hiring timelines are stated, or clarification is provided that no immediate opening exists.
Example:
Marketing Manager – Apply now
A company might be required to state:
NO CURRENT VACANCY. THIS POSTING IS FOR FUTURE OPPORTUNITIES ONLY.
Or
POSTING EXPECTED TO BE FILLED WITHIN 90 DAYS.
For job seekers tired of being ghosted by recruiters and companies, the new bill will change their questions from ‘Is this job even real?’ to ‘Does this opportunity fit what I am looking for?’
Removal of filled positions
One of the biggest gripes against recruiters and companies is that candidates never hear back because the role was already closed when they applied to the online posting. New York’s ‘Ghost Job’ bill aims to cut down on this particular dead-end by ensuring that:
- Employers remove job postings within two weeks after a position is filled.
- Third-party platforms also remove job listings once they know the role has been filled or has expired.
Job seekers won’t have to spend hours tailoring resumes and filing out applications for roles that have already been filled. This bill will also help companies, as the applications they receive will be more relevant and timely.
Who needs to follow this bill to a T?
- Employers with 100 or more employees.
- Third-party job posting platforms and recruitment sites that host job listings.
Penalties for non-compliance
The penalties aim to make transparency more expensive to ignore. Instead of treating job postings casually, employers will now have a financial reason to ensure every job listing reflects a real hiring opportunity that is updated promptly.
Under non-compliance with the NY Ghost Job bill, companies and third-party job posting platforms will face:
- Initial fine of $2,500 per non-compliant posting.
- Fine will rise to $5,000 if the issue isn’t corrected within 30 days.
- Penalties will continue to increase for ongoing violations.
- Fine will be assessed per platform; one posting appearing on multiple job boards could trigger multiple penalties.
The possibility of penalties rising to as much as $5,000 could pressure companies to establish proper processes for posting, updating, and removing job listings.
Note: The New York Department of Labor will have the authority to audit companies, and aggrieved job seekers can report violations.
States following NY’s lead on misleading job ads
New York State Sen. Michael Gianaris, who sponsored the bill, wrote in a post on X that the legislation is intended to crack down on dishonest and exploitative recruitment practices.
Ghost jobs aren’t just frustrating, they’re dishonest and exploitative. Yesterday the State Senate passed my bill to require employers to disclose if and when they actually intend to hire someone as part of a job description. No more applying to jobs that don’t actually exist https://t.co/E0gcWOJAP6 pic.twitter.com/zgOBdOs9i2
— Sen. Mike Gianaris (@SenGianaris) April 29, 2026
Similar proposals are emerging in states including New Jersey, Pennsylvania, California, and Kentucky. The Pennsylvania Ghost Job Postings Prevention Act (HB2321), introduced on March 26, would require employers to disclose whether the role is existing, anticipated, or an entirely new position; the intended hiring and start dates; and the extent to which artificial intelligence (AI) will be used during the hiring process.
A New Jersey bill called S2136 was introduced in May. If enacted, it will require employers to clearly state whether a posting is for an existing vacancy and comply with additional job posting transparency requirements.
While the federal government has yet to propose a formal piece of legislation addressing ghost jobs, the momentum at the state level is undeniable. If Gov. Hochul signs New York’s ‘Ghost Job’ Bill S8877 into law, the state will set a powerful precedent. As for job seekers exhausted by ghost job postings, this bill of state-level transparency will bring much-needed relief and a clear hope for job security.
Note: According to the Congressional Research Service (CRS), there are currently no federal bills pending that officially address ghost jobs.
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