Our Take
New York is closing a real gap in hiring transparency, but the $2,500 fine is too small to change behavior at scale—expect compliance theater and slow enforcement.
Why it matters
Job seekers waste hours on phantom postings while employers use them to test talent pools without intent to hire. This rule, if signed, will first affect mid-to-large employers in New York; others will watch enforcement closely before adopting similar disclosure.
Do this week
HR leaders: audit your active job posts against S8877 requirements (current vacancies under 90 days, future hiring dates, or explicit 'future review' language in bold caps) before June 30 so you can flag and update any non-compliant listings.
New York lawmakers pass ghost jobs transparency bill
On June 2, 2026, the New York State Legislature passed bill S8877, targeting job postings from employers with no genuine hiring intent. The measure, expected to be signed by Governor Kathy Hochul, mandates that employers with 100 or more employees and third-party job posting platforms clearly disclose hiring timelines and current vacancy status.
Under S8877, employers must label postings with one of three statements in bold, all-caps text. For current vacancies expected to fill within 90 days: "EMPLOYER INTENDS TO FILL THIS POSITION BY (DATE)." For longer-term openings: "EMPLOYER INTENDS TO FILL THIS POSITION NO SOONER THAN (DATE)." For future hiring without active vacancies: "EMPLOYER IS SEEKING RESUMES TO REVIEW IN THE FUTURE WHEN JOBS BECOME AVAILABLE."
Employers must also remove job listings within two weeks of filling a position or notify third-party platforms to take them down. Violations carry a $2,500 fine per non-compliant post, with penalties doubling every 30 days the violation persists. The New York Department of Labor will investigate complaints and conduct its own audits.
Ghost jobs have cost job seekers time and eroded employer credibility
Ghost jobs are real postings from legitimate companies that suggest active hiring but receive no genuine consideration. Job seekers spend hours completing applications only to hear nothing back. Employers often post to expand talent pools, assess market skills, or maintain candidate pipelines without immediate hiring needs.
This mismatch damages both sides. Job seekers lose confidence in employers and the hiring process. Employers with posted-but-dormant roles waste recruiter time filtering applications from candidates assuming active hiring. New York's disclosure rule attempts to align expectations upfront.
The bill affects primarily mid-to-large employers in New York, but its passage signals the first U.S. state-level enforcement mechanism for hiring transparency. Canada is developing similar regulations. Smaller employers and those outside New York may adopt comparable practices voluntarily, but enforcement in other states remains absent.
Check your postings and prepare for state-by-state compliance
If you post jobs in New York and have 100+ employees, audit all active listings. Add or correct the required disclosure language in bold caps. Document the date each post goes live and when it is filled or removed.
The $2,500 fine per violation is modest for large employers, but reputational damage and multiple complaints accumulate. Job seekers can report violations to the Department of Labor, and state audits will occur. Expect compliance tools and integrations from major job boards (LinkedIn, Indeed, Glassdoor) to follow, but do not assume automation handles every edge case.
If your company plans expansion or hiring in other states, monitor similar bills. Pay transparency laws are accelerating; hiring transparency will follow. Treating ghost job disclosure as a baseline practice now avoids scrambling later.