BILL NUMBER: S9208
SPONSOR: RYAN C
TITLE OF BILL:
An act to amend the labor law, in relation to requiring employers and
third-party websites, job boards and recruitment platforms to remove
inactive job postings within a certain timeframe
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to ensure that job postings available
to the public accurately reflect real hiring needs. The bill requires
employers and third-party platforms to remove job advertisements that
are no longer active, reducing confusion for job seekers and promoting a
more transparent, efficient hiring process in New York State.
SUMMARY OF PROVISIONS:
Section 1:
Adds a new section 211-b to the labor law defining when a job posting is
considered inactive, including when the position has been filled, elimi-
nated, frozen, or posted in error.
* Employers must remove inactive job postings within 14 days.
* Employers using a third-party website, job board, or recruitment plat-
form must notify the platform within 7 days after a posting becomes
inactive, and the third-party must remove the posting within 7 days of
receiving notice.
* Allows employers to maintain postings for multiple vacancies, contin-
uous recruitment, or as required by law or collective bargaining agree-
ments.
* Grants the Commissioner of Labor enforcement authority, including
removal orders, cease-and-desist directives, and administrative fines of
at least $1,000 per violation.
* Authorizes the Commissioner to promulgate rules and regulations,
necessary for implementation.
Section 2: Sets the act to take effect immediately.
JUSTIFICATION:
Job seekers across New York State often encounter job postings that
remain online long after an employer stops hiring for the position.
These outdated listings can stay active on company websites and third-
party job boards for extended periods, causing applicants to invest time
and energy in opportunities that are no longer available. This creates
unnecessary barriers for individuals seeking employment and contributes
to confusion about the true availability of jobs in the labor market.
This legislation establishes clear expectations for the timely removal
of inactive job postings. By ensuring that employers and the platforms
they use remove outdated listings within a reasonable timeframe, we help
job seekers focus their efforts on real opportunities. This measure
promotes transparency, reduces avoidable frustration, and supports a
fairer, more efficient hiring environment across New York State. It also
strengthens the integrity of the job market by ensuring publicly posted
positions accurately reflect current hiring needs.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
TBD.
EFFECTIVE DATE:
This act shall take effect immediately.