Addressing the epidemic of “ghost jobs” head-on, New York lawmakers passed a bill hoping to make such insubstantial job postings illegal in the region. On June 2, 2026, state decision-makers ruled that employers in the region can no longer upload job posts without the intention to hire, regulating this trend by requiring them to disclose when they expect to hire for the role. Under S8877, employers and third-party job posting platforms are required to indicate whether the post is for a current vacancy or for a role that has a longer deadline to fill, allowing workers to have a clear understanding of whether the employer is actively hiring or not.
Phantom job listings have left many job seekers frustrated in recent months, unsure if they can expect to hear back from an employer or not. By making ghost jobs illegal and bringing an element of clarity into the picture, both employers and employees can initiate their interactions with greater clarity on expectations.
If signed into law, the New York bill on ghost jobs could make it mandatory for employers to be transparent about their intent to hire. (Image: Pexels)
New York Bill Attempts to Exorcise “Ghost Jobs” from the State: What Employers Need to Know
If you’re unfamiliar with the term, ghost jobs refer to job postings from legitimate businesses and organizations that suggest intent to hire, but ultimately do not amount to any active hiring despite qualified job seekers applying to the post. Bill S8877, passed by lawmakers and expected to be signed into law by Governor Kathy Hochul, requires employers with 100 or more employees and third-party platforms to disclose the date by which they intend to fill the position, if it is for a current vacancy that will be filled within 90 days. The details must be added in bold and in all capital letters to ensure clarity.
In case the employer is hiring for a current vacancy that they have over 90 days to fill, they need to similarly specify that the “EMPLOYER INTENDS TO FILL THIS POSITION NO SOONER THAN (DATE).” If employers do not have any current vacancies, they need to make it clear, in bold and capitalized letters, indicating that the “EMPLOYER IS SEEKING RESUMES TO REVIEW IN THE FUTURE WHEN JOBS BECOME AVAILABLE.”
This ensures that job seekers are aware that the business isn’t currently hiring but still allows them to apply in case a position opens up at a later date. For job seekers lurking on the job market passively for future opportunities, this presents a way for them to make their interest known.
Taking Job Postings Down On Time Is Another Important Consideration
Additionally, not only does the bill in New York attempt to make ghost job postings illegal, but it also ensures that employers do not leave job posts up after they are done hiring. Once a position has been filled, employers are required to remove the listing within two weeks or ensure that they alert third-party platforms assisting them in their hunt that they have proceeded with hiring, and the post can be taken down.
What Are the Penalties for Violating the New Laws on Ghost Jobs?
Violations related to the ghost jobs bill can be reported to the New York Department of Labor, and the authorities can also be expected to conduct their own audits and investigations into employers and third-party job posting parties. Each violation of this regulation will result in a $2,500 fine for every instance of posts in violation of the regulation, whether printed or online. The fine can double with every 30 days that the post remains uncorrected.
While the fine is admittedly light, employers are still expected to follow the mandates that could be signed into law shortly to ensure they are compliant with state employment regulations. Lack of transparency on the matter could reflect poorly on the employer and result in multiple complaints from job seekers.
Ghost Jobs and Phantom Job Listings Hurt Employee Morale and Trust in Employers
Organizations often upload job postings for their own internal reasons, which can extend to widening their talent pool or scoping out the nature of skills currently available on the market. This leaves job seekers extremely frustrated, as these application processes are time-consuming and require significant effort to complete, only to result in a lack of responses. With more and more employers testing out this strategy, getting hired becomes doubly challenging.
This is why the New York bill targeting ghost jobs is a vital advancement in employment regulations. While we sort through rising sentiments around pay transparency, hiring transparency is also essential for starting off an employer-employee relationship on the right foot. While this has obvious benefits for employees, allowing them to set their expectations according to the post, it also ensures that employers receive applications from candidates who are looking to get hired immediately, rather than passively applying for future roles. Canada has already begun to work on similar regulations, and the hope persists that more regions will join efforts to lead such change.
If the bill is signed into law, it will primarily affect mid- to large-sized employers, but it can be good practice for smaller employers with fewer than 100 employees to also follow similar practices and ensure transparency in their job postings. Such acts of good faith are often appreciated by candidates and come with added clarity for the hiring teams as well.
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