BILL NUMBER: S9209
SPONSOR: RYAN C
 
TITLE OF BILL:
An act to amend the labor law, in relation to requiring employers to
state whether advertised job postings are for existing vacancies or not
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to increase transparency in job
advertisements by requiring employers to clearly disclose whether a
publicly advertised job posting represents an actual existing vacancy.
This measure seeks to provide job seekers with accurate information,
reduce misleading postings, and promote fairness in the labor market.
 
SUMMARY OF PROVISIONS:
Section 1: Adds a new section 211-b to the labor law requiring every
employer who publicly advertises a job posting to include a clear and
conspicuous statement indicating whether the posting reflects an exist-
ing vacancy. The section authorizes the Commissioner of Labor to enforce
compliance and issue administrative fines or cease-and-desist orders.
Section 2: Establishes that the act shall take effect immediately
 
JUSTIFICATION:
Job seekers across New York State increasingly encounter job postings
that do not correspond to actual openings. In many instances, employers
advertise positions to collect resumes, gauge the labor market, or
satisfy internal procedures, even when no vacancy exists. This practice
places an unnecessary burden on individuals who are actively seeking
employment and undermines the accuracy of labor market information.
This legislation requires employers to clearly disclose whether a job
posting reflects a genuine vacancy. Such transparency will help job
seekers direct their efforts toward real opportunities and reduce avoid-
able frustration. It also promotes fair hiring practices and strengthens
trust between employers and prospective employees by ensuring that job
advertisements accurately represent current employment needs.
 
PRIOR LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPUCATIONS FOR STATE AND LOCAL GOVERNMENTS:
TBD
 
EFFECTIVE DATE:
This act shall take effect immediately.