ALBANY, N.Y. (Times Union) — Companies and third-party job recruitment websites would face significant fines for posting help-wanted ads for so-called ghost jobs under a bill passed by the state Legislature this summer.
Assemblyman Jonathan Jacobson of Newburgh was one of the sponsors of the legislation, which would apply to companies with 100 or more employees.
Ghost job postings are rampant in the recruitment industry and listed for a variety of reasons, including because companies often view help wanted ads as a way to bolster their image or to collect resumes for a future hiring surge.
An eye-opening 2024 survey by the website Resume Builder found that 40% of employers polled admitted to posting ghost job ads for a variety of reasons — including to boost productivity of their current workforce or to bolster the image that they are growing.
“Large employers admit it,” Jacobson, a Democrat who once headed the state Consumer Frauds Bureau’s office in Poughkeepsie, told the Times Union in a phone interview. “They want to show that they are busy. It’s really false advertising. It’s hard enough to apply for a job. This is about having fairness and truthfulness in advertising when employers post for jobs.”
A spokeswoman for Gov. Kathy Hochul said the governor will “review” the bill but did not reveal whether Hochul supports the concept or not.
“I’m very hopeful,” Jacobson said when asked if he believes the bill will be signed into law. “I’m hoping the governor sees that she can lead the nation on this.”
The bill would require job postings to include language about when the company intends to fill the job and whether or not it’s for a current opening. The bill would also require that job posts be taken down within two weeks of a position being filled. Third-party companies would also have the responsibility to ensure the requirements are met.
Whether the bill is signed into law or not, it joins a growing trend of more elected officials asking companies to disclose information about their hiring process to the public.
Allen Shoikhetbrod, managing partner of law firm Tully Rinckey’s Albany office, says if enacted, the law outlines a fine schedule that begins at $2,500 per job post for each online platform where the posts appeared. The fines double if left unpaid.
“That can be quite significant,” Shoikhetbrod said in a phone interview. “Those may all be separate violations.”
What’s not certain is how the violations will be reported and vetted. The bill says the process would be overseen by the state Department of Labor, which would have the power to audit the companies or the third-party entities that post job openings for a fee. Print want ads would also be subject to audit as well under the bill.
“How do you contest the violations?” Shoikhetbrod said. “How will violations be determined?”
Shoikhetbrod said even if the bill does not pass, it’s probably not a bad idea for companies to audit their online and print job postings for accuracy.
