Requires certain mandatory disclosures for printed or digital job advertisements by an employer or third-party job posting entity; provides for the imposition of a fine of $2,500 for violations.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6292A
SPONSOR: Jacobson 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 increase the transparency of the availability of jobs by requiring
employees to disclose if and when hiring will occur in all advertise-
ments of jobs; establishes a penalty for violations.
SUMMARY OF PROVISIONS:
Section 1 amends the Labor Law by adding a new section 219-b to read as
follows:
Subdivision 1(a) 1: An employer is defined as any non-public employer
such as the state, any political subdivision of the state, a public
authority or any other governmental agency or instrumentality that
employers at least one hundred employees.
1(b) "Third-party job posting entity" is defined as a person or entity
that is not the employer that posts multiple job vacancies or listings
on behalf of or independently of employers for job seekers to search and
apply to job postings on ne platform.
Subdivision 2. Any advertisement of a job, in printed or digital form,
by an employer or third-party job posting entity, shall state when such
job shall be filled as follows:
2(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).ct.
2(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 EMPLOYERE INTENDS TO FILL
THIS POSITION NO SOONER THAN (DATE).ct.
2(c). If there is no expectation that the job is to be filled, the
advertisement 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.ct.
Subdivision 3:
3(a). When a position for which an employer has publicly advertised has
been filled, the employer shall remove any posting or advertisement made
by the employer within two weeks of the position having been filled. If
the employer is aware or should reasonably be aware that a third-party
posting entity posted the position independently of the employer, the
employer shall notify the third-party job posting entity that the Posi-
tion has been filled.
3(b) If a third-party job posting entity knows or has reason to know
that a post for a particular position has been filled or has otherwise
expired, the third-party job posting entity shall remove the post within
two weeks of the date it knows or has reason to know of the position
being filled.
Subdivision 4. The Department
of Labor shall have the authority to
conduct audits of employer and third-party job posting entity practices
to determine ongoing violations of this section. Any person aggrieved by
a violation of this section may report the violation to the department.
Subdivision 5:
5(a) In the event of a violation of this section, the employer or third-
party job posting entity shall rectify its violation within 30 days and
pay to the department a fine of $2,500 for each print publication or
digital platform the advertisement appears.
5(b) If the employer or third-party job posting entity does not rectify
its violation within 30 days, the employer or third-party job posting
entity shall pay to the department a fine of $5,000 for each print
publication or digital platform the advertisement appears.
5(c) For each subsequent 30-day period that the advertisement remains
posted in violation of this section, the employer or third-party job
posting entity shall pay double the fine assed for the previous period.
Subdivision 6: The commissioner (of the Department of Labor) is author-
ized to adopt rules and regulations necessary to implement the
provisions of this section.
Section 2 is the effective date which is 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.
https://wvvw.cnbc.com/2024/06/27/4-in-10-companies-say-theyve-posted-afa
ke-job-this-year-what-that-means .html
This bill will require specific language in employment advertisements
stating when a job is to be filled. If the job is to be in filled in
less than 90 days, then the employer must state the date when it shall
be filled. If it is to be filled by more than 90 days, then the employer
must state the "no sooner than" date the employer intends to fill the
job. If the job is not to be filled and the employer is only seeking
resumes, then it must state and say that the posting is not for a
current vacancy and that the employer is seeking resumes to review in
the future when jobs become available. All required language is to be in
capital letters and in bold type.
These requirements also apply to third-party job posting entities.
A violation of these new requirements would mean 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 should do is
be honest with the public about the jobs they are advertising.
PRIOR LEGISLATIVE HISTORY:
None. New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
