BILL NUMBER: S8877
SPONSOR: GIANARIS
 
TITLE OF BILL:
An act to amend the labor law, in relation to certain mandatory disclo-
sures in job advertisements
 
PURPOSE OR GENERAL IDEA OF BILL:
To crack down on "ghost jobs" by requiring job advertisements to
disclose if and when an employer intends to hire someone for a position.
 
SUMMARY OF PROVISIONS:
Section 1 amends the Labor Law by adding a new section 219-b, which
contains the following provisions:
Subdivision 1 provides definitions for the terms "employer" and "third-
party job posting entity."
Subdivision 2 requires job advertisements to contain the following
disclosures:
(a) If the employer intends for the position to be filled in 90 days or
less, the advertisement shall state in capital letters and bold type:
THIS POSTING IS FOR A CURRENT VACANCY AND EMPLOYER INTENDS TO FILL THIS
POSITION BY (DATE).
(b) If the employer intends for the position to be filled more than 90
days from advertising, the advertisement shall state in capital letters
and bold type:
THIS POSTING IS FOR A CURRENT VACANCY AND THE EMPLOYER INTENDS TO FILL
THIS POSITION NO SOONER THAN (DATE).
(c) If there is no expectation that the job is to be filled, the adver-
tisement the advertisement shall state in capital letters and bold type:
THIS POSTING IS NOT FOR A CURRENT VACANCY, BUT THE EMPLOYER IS SEEKING
RESUMES TO REVIEW IN THE FUTURE WHEN JOBS BECOME AVAILABLE.
Subdivision 3 requires employers and third-party advertising entities to
remove job advertisements within 2 weeks of the position being filled.
Subdivision 4 grants the Department of Labor the authority to conduct
audits. Any person aggrieved by a violation of this section may report
the violation to the department.
Subdivision 5 provides that a violation of this section shall result in
a $2,500 fine for each publication or digital platform in which the
advertisement appears. The fines shall double for each 30-day period
that the advertisement remains posted.
Subdivision 6 grants rulemaking authority to the Department of Labor.
Section 2 provides that this bill shall take effect immediately.
 
JUSTIFICATION:
The only thing worse than being turned down for a job after an interview
is wasting time applying for a job which you later discover did not
exist at all. Listings for jobs that aren't being filled, known as
"ghost jobs," are not only a frustration for job-seekers - they also
make it harder to get a clear picture of the labor market, which can
impact the federal jobs report.
In a recent survey from career site Resume Builder, 40% of companies
said they posted a fake job listing in 2024.
hftos://www.cnbc.com/2024/06/27/4-in-10-companies-saythevve- posted-a-
fake-job-this-year-what-that-means.html
This bill would require employers with 100 or more employees to include
specific language in employment advertisements stating when they intend
to 'fill a job. If the employer intends to fill the job in less than 90
days, then the advertisement must state the date it shall be filled. If
the employer intends to fill it more than 90 days from advertising, then
the advertisement must state the position will be filled "no sooner
than" a specific date. If the employer does not actually intend to fill
a current vacancy and is only seeking to collect resumes, then the
advertisement must explicitly say so, rather than deceive applicants
into thinking that they are applying for a real position. All of this
new mandatory language must appear in capital letters and in bold type.
These requirements would also apply to third-party job posting entities.
A violation of this bill would result in a fine of $2,500 for each
publication of the advertisement either in printed format or on a
digital platform. This fine would double every 30 days that the adver-
tisement is not corrected.
It is hard enough to apply for a job. The least employers can do is be
honest with the public about the jobs they are seeking to fill.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
This bill could result in an increase in revenues to the state as a
result of collecting fines from bad actors.
 
EFFECTIVE DATE:
This act shall take effect immediately.