Legislative lowdown: New York lawmakers pass bill to crack down on ‘ghost jobs’

Posting roles that go unfilled is set to become harder in the state of New York.

New York state lawmakers passed a bill on June 2 seeking to limit “ghost jobs,” which refer to advertisements for positions that don’t really exist.

Should New York Gov. Kathy Hochul sign the bill into law, employers with 100 or more workers will have to include language in job postings specifying if, and when, they intend to fill an advertised position.

The legislation is intended to crack down a recruiting practice that’s “dishonest and exploitative,” New York State Sen. Michael Gianaris, who sponsored the bill, wrote in a post on X.

Ghost-busters. The bill lays out a number of requirements that covered employers must follow when they post a job:

• If they intend to fill it in 90 days or less, the advertisement must state, “This posting is for a current vacancy and employer intends to fill this position by (date).”
• If they intend to fill it in more than 90 days, the advertisement must state, “This posting is for a current vacancy and employer intends to fill this position no sooner than (date).”
• If they don’t intend to fill the job, the advertisement must state, “This posting is not for a current vacancy, but the employer is seeking résumés to review in the future when jobs become available.”

Additionally, employers and third-party advertisers must take down a job advertisement within two weeks after it’s filled.

Should companies be advertising jobs that violate the statute, they could be fined $2,500 for each publication or digital platform where the posting appears. Those fines double if the advertisement is still posted after 30 days.

A growing movement. A number of other states, including California and New Jersey, are also mulling legislation to address ghost jobs.

Dealing with ghost positions may be frustrating for job candidates, but some employers see them as a way to stay connected with available talent if and when they do need to hire, HR Brew reported in 2022.

Should an employee leave the company, “I’ve got an opening and 15 people who are relevant, available, and high quality, right with the skills you need,” Allyn Bailey, the former executive director for hiring success at Smart Recruiters, said.

At the same time, relying on this practice can negatively affect an employer’s brand, she added. “You either look unorganized on structure, you look like you’re lying, or trying to manipulate the market or the process in some way.”