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Assembly Bill A9398

2025-2026 Legislative Session

Requires employers publicly advertising a job posting to include whether such posting is for an existing vacancy or not

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Current Bill Status - In Assembly Committee

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2025-A9398 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §211-b, Lab L

2025-A9398 (ACTIVE) - Summary

Requires employers publicly advertising a job posting to include in the posting a statement disclosing whether such posting is for an existing vacancy or not; authorizes the commissioner of labor to issue an order to employers in violation of such requirement to pay a fine, cease and desist from such violation, or both.

2025-A9398 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9398
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 19, 2025
                                ___________
 
 Introduced  by M. of A. HOOKS -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the labor law, in relation  to  requiring  employers  to
   state  whether  advertised  job postings are for existing vacancies or
   not
 
   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 211-b to
 read as follows:
   § 211-B. JOB POSTING  ADVERTISEMENTS;  VACANCY  DISCLOSURE.  1.  EVERY
 EMPLOYER  WHO  PUBLICLY  ADVERTISES  A  JOB POSTING SHALL INCLUDE IN THE
 POSTING A STATEMENT DISCLOSING WHETHER THE POSTING IS  FOR  AN  EXISTING
 VACANCY  OR  NOT. THE STATEMENT SHALL BE CLEAR, CONSPICUOUS, AND WRITTEN
 IN A LEGIBLE FONT.
   2. THE COMMISSIONER SHALL HAVE AUTHORITY TO ENFORCE THIS SECTION. WHEN
 THE COMMISSIONER  DETERMINES  THAT  AN  EMPLOYER  IS  VIOLATING  OR  HAS
 VIOLATED  THIS  SECTION,  THE  COMMISSIONER  MAY  ISSUE AN ORDER TO SUCH
 EMPLOYER TO PAY AN ADMINISTRATIVE FINE, TO CEASE AND DESIST FROM VIOLAT-
 ING THE SECTION, OR BOTH.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14071-01-5

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