With the legislative session winding down, the New York Assembly joined the Senate in passing S8877, a bill that seeks to address so-called “ghost jobs”—jobs that are posted or advertised without the intent to fill the position. If S8877 becomes law, it would amend the New York Labor Law to add new §219-b and take effect immediately.
Mandatory Language About When Jobs are Intended to be Filled
§219-b would require employers with at least 100 employees, as well as third-party job posting entities, defined as “a person or entity that is not the employer that posts multiple job vacancies or listings on behalf of or independently of employers for job seekers to search and apply,” to disclose when they intend to fill a posted position. Specifically, S8877 would impose the following requirements:
- If the employer intends to fill the position within 90 days, then the advertisement must state that it is for a current vacancy and include the date by which the employer intends to fill the position;
- If the employer intends to fill the position more than 90 days from the date of advertising, then the advertisement must state that it is for a current vacancy and that the position will be filled “no sooner than” a specified date; and
- If “there is no expectation that the job is to be filled,” then the advertisement must state that there is no current vacancy and the employer is seeking resumes for when positions become available.
This new mandatory language must appear in capital letters and in bold type.
Prompt Removal of Filled Positions
Once an advertised position has been filled, the employer must remove the listing within two weeks of the position being filled. If the employer is aware or should reasonably be aware that a third-party job posting entity posted the listing independently of the employer, then the employer must notify that third-party posting entity that the position has been filled.
There is a similar obligation imposed on third-party job posting entities. If a third-party job posting entity knows or has reason to know that a listing for a particular position has been filled or has otherwise expired, then such third-party job posting entity must remove it within two weeks of the date that it knows or has reason to know that the job has been filled.
Penalties and Enforcement
Aggrieved individuals may report violations to the New York Department of Labor. The Department has the authority to conduct audits of employers and third-party job posting entities. Each violation would result in a fine of $2,500 for each publication of the noncompliant advertisement whether printed or on a digital platform. This fine would double every 30 days that the advertisement remains uncorrected. The Commissioner of Labor would be empowered to adopt rules and regulations necessary to implement new §219-b.
Next Steps
Governor Kathy Hochul has yet to take a public position on S8877. Bills that pass both the Senate and Assembly generally are transmitted to the governor in batches, often toward the end of the calendar year. New York employers with 100 or more employees should evaluate their job-posting practices in anticipation of potential compliance obligations. We will continue to monitor this bill.
