New York Legislature Passes “Ghost Jobs” Bill

The New York State Legislature has passed legislation (New York State Senate Bill S8877) aimed at addressing so-called "ghost jobs"—job postings for positions that employers do not intend to fill or are not actively recruiting for. The bill passed the New York Senate in April 2026 and was approved by the Assembly in June 2026.

It has been delivered to the Governor for consideration. If signed, the law would take effect immediately and create new disclosure requirements for certain employers and job posting platforms operating in New York.

What Are “Ghost Jobs”?

A ghost job is generally a job posting that appears to be an active opening but is not tied to an immediate hiring need. Employers may maintain these postings to build a talent pipeline, gauge market interest, or create the perception of organizational growth. Critics argue that the practice wastes applicants' time and distorts labor market data.

What the Bill Would Require

Senate Bill S8877 would add Section 219-b to the New York Labor Law and impose new requirements on employers with 100 or more employees and certain third-party job posting entities. Among other provisions, employers would be required to disclose whether:

The position is a current vacancy.
The employer intends to fill the position within a specified timeframe.
The posting is being used to collect resumes for future opportunities rather than fill an immediate opening.

The legislation would also require employers to remove job advertisements within a specified period after a position has been filled.

Potential Penalties

The bill authorizes the New York Department of Labor to investigate complaints and conduct audits. Violations could result in a civil penalty of $2,500 for each job advertisement and each platform where the posting appears. Penalties may increase if non-compliant postings remain active for extended periods.

Employer Considerations

Although the bill has not yet become law, employers with New York employees should begin evaluating their recruiting practices, including:

Reviewing all active job postings to confirm they represent legitimate hiring needs.
Identifying evergreen or pipeline postings that may require additional disclosures.
Establishing procedures to remove filled positions promptly.
Coordinating with recruiters, staffing firms, and third-party job boards to ensure compliance.

For federal contractors and multi-state employers, this proposal is another example of increasing state regulation of recruiting and hiring practices. Organizations should expect continued scrutiny of job advertisements, pay transparency, and the use of recruiting technology.