Assembly Bill A6292A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6292--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 3, 2025
                                ___________
 
 Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
   tee  on  Labor  -- recommitted to the Committee on Labor in accordance
   with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT to amend the labor law, in relation to certain mandatory disclo-
   sures in job advertisements
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The labor law is amended by adding a new section 219-b to
 read as follows:
   § 219-B. MANDATORY LANGUAGE IN JOB ADVERTISEMENTS. 1. FOR THE PURPOSES
 OF THIS SECTION:
   (A) "EMPLOYER" MEANS ANY PERSON, ENTITY, BUSINESS, CORPORATION,  PART-
 NERSHIP, LIMITED LIABILITY COMPANY, OR AN ASSOCIATION EMPLOYING AT LEAST
 ONE  HUNDRED  EMPLOYEES. SUCH TERM SHALL NOT INCLUDE THE STATE, A PUBLIC
 AUTHORITY, OR ANY OTHER GOVERNMENTAL AGENCY OR INSTRUMENTALITY.
   (B) "THIRD-PARTY JOB POSTING ENTITY" MEANS 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 ONE PLATFORM.
   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:
   (A) IF THE EMPLOYER INTENDS FOR THE POSITION TO BE  FILLED  IN  NINETY
 DAYS  OR LESS, THE ADVERTISEMENT SHALL STATE IN CAPITAL LETTERS AND BOLD
 TYPE: THIS POSTING IS FOR A CURRENT VACANCY AND THE EMPLOYER INTENDS  TO
 FILL THIS POSITION BY (DATE).
   (B)  IF  THE  EMPLOYER INTENDS FOR THE POSITION TO BE FILLED MORE THAN
 NINETY DAYS FROM ADVERTISING, THE ADVERTISEMENT SHALL STATE  IN  CAPITAL
 LETTERS  AND  BOLD  TYPE:  THIS POSTING IS FOR A CURRENT VACANCY AND THE
 EMPLOYER INTENDS TO FILL THIS POSITION NO SOONER THAN (DATE).
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10205-02-6
              

 A. 6292--A                          2
 
   (C) IF THERE IS NO EXPECTATION THAT THE  JOB  IS  TO  BE  FILLED,  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.
   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 BE REASONABLY  AWARE  THAT  A
 THIRD-PARTY  JOB POSTING ENTITY POSTED THE POSITION INDEPENDENTLY OF THE
 EMPLOYER, THE EMPLOYER SHALL NOTIFY THE THIRD-PARTY JOB  POSTING  ENTITY
 THAT THE POSITION HAS BEEN FILLED.
   (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.
   4. THE DEPARTMENT SHALL  HAVE  THE  AUTHORITY  TO  CONDUCT  AUDITS  OF
 EMPLOYER AND THIRD-PARTY JOB POSTING ENTITY PRACTICES TO DETERMINE ONGO-
 ING  VIOLATIONS  OF THIS SECTION. ANY PERSON AGGRIEVED BY A VIOLATION OF
 THIS SECTION MAY REPORT THE VIOLATION TO THE DEPARTMENT.
   5. (A) IN THE EVENT OF A VIOLATION OF THIS SECTION,  THE  EMPLOYER  OR
 THIRD-PARTY JOB POSTING ENTITY SHALL RECTIFY ITS VIOLATION WITHIN THIRTY
 DAYS  AND  PAY  TO  THE  DEPARTMENT  A FINE OF TWO THOUSAND FIVE HUNDRED
 DOLLARS FOR EACH PRINT PUBLICATION OR DIGITAL PLATFORM THE ADVERTISEMENT
 APPEARS IN.
   (B) IF THE EMPLOYER OR THIRD-PARTY JOB POSTING ENTITY DOES NOT RECTIFY
 ITS VIOLATION WITHIN THIRTY DAYS, THE EMPLOYER OR THIRD-PARTY JOB  POST-
 ING  ENTITY  SHALL PAY TO THE DEPARTMENT A FINE OF FIVE THOUSAND DOLLARS
 FOR EACH PRINT PUBLICATION OR DIGITAL PLATFORM THE ADVERTISEMENT APPEARS
 IN.
   (C) FOR EACH  SUBSEQUENT  THIRTY-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 ASSESSED FOR THE PREVIOUS
 PERIOD.
   6. THE COMMISSIONER MAY  ADOPT  RULES  AND  REGULATIONS  NECESSARY  TO
 IMPLEMENT THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect immediately.