New York lawmakers have passed a sweeping bill aimed at tackling so‑called "ghost jobs," a growing source of frustration for job seekers, as states across the U.S. begin to examine hiring transparency more closely.

The legislation, known as S8877, would require employers to clearly disclose whether a job posting reflects an active vacancy and when they expect to hire.

The measure has passed both the state Senate and Assembly and is now with New York Governor Kathy Hochul, for her to sign.

New York Ghost Jobs Bill Explained

Under the proposal, employers and third-party job platforms would need to include specific disclosures in job advertisements explaining their hiring intent.

The bill mandates that postings need to state whether:

• The role is a current vacancy that needs to be filled within 90 days (the posting needs to include a start date).
• The role is a current vacancy but will be filled more than 90 days from posting (the posting needs to include a "no sooner than" date).
• There is no current vacancy, and the employer is collecting résumés for future opportunities.

These disclosures must be in bold and capitalized, making sure things are as clear as possible for applicants.

Under the new bill, companies are also required to remove job ads once a role has been filled, and failure to comply with this could result in fines beginning at $2,500 per violation.

The bill’s stated purpose is to "crack down on ‘ghost jobs’ by requiring job advertisements to disclose if and when an employer intends to hire someone for a position."

Supporters say the move is designed to restore trust in the hiring process and give applicants clearer expectations about their chances of securing a role.

What Are Ghost Jobs?

Ghost jobs refer to job listings that appear legitimate but are not tied to an active vacancy. In many cases, employers post roles with no intention of hiring, leaving applicants spending hours on applications with little chance of a response.

A 2024 ResumeBuilder survey, reported by Forbes, found that 40 percent of employers admitted posting roles with no immediate intent to fill them, while 30 percent said they leave filled or inactive listings live.

Hiring managers and employers have cited various reasons for maintaining such postings, including building a pipeline of potential candidates for future positions or signaling to the world that the organization is growing.

However, critics argue that the practice misleads applicants, wastes their time, and leads to low morale and frustration.

What Are Other States Doing?

While New York is the most advanced in its attempts to regulate ghost jobs, several other states are actively exploring similar measures—though most remain in earlier legislative stages.

New Jersey

Lawmakers in New Jersey are considering similar legislation—S2136—that would require employers to disclose whether a job posting reflects an active vacancy and when the position is expected to be filled, mirroring New York’s push for greater transparency around whether roles are being actively recruited.

California

In California, proposals form part of a broader push to regulate hiring practices, with lawmakers advancing measures, including AB1251, that would require employers to disclose whether roles are genuine vacancies, alongside existing pay transparency laws and new rules governing the use of AI in recruitment.

Kentucky

Similarly, Kentucky is among the states where lawmakers have introduced proposals—namely HB57 and HB342—which are aimed at increasing transparency in job advertising, including measures targeting ghost job postings, although these bills have remained at the committee stage and haven’t yet advanced as far as New York’s legislation.

Pennsylvania

Pennsylvania has taken a particularly expansive approach, with a catch-all bill—HB2321—that could bundle multiple job‑posting requirements into a single framework, including:

• Disclosing whether a role is an active vacancy
• Providing estimated hiring timelines
• Outlining the extent to which AI will be used in the recruitment process

For now, however, most of these efforts remain proposals rather than enacted laws. That leaves New York as a potential bellwether: If S8877 is signed into law and proves enforceable, it could serve as a model for states seeking to bring greater accountability to online job markets.

Key Takeaway

If signed into law, S8877 would mark one of the most direct attempts to address a problem that has increasingly defined the modern job search—and could signal a wider shift in how hiring practices are regulated across the country.