NY State Senate Bill 2025-S8877

Current Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 13, 2026	referred to labor

2025-S8877 (ACTIVE) - Details

See Assembly Version of this Bill:: A6292
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §219-b, Lab L

2025-S8877 (ACTIVE) - Summary

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.

2025-S8877 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8877

SPONSOR: GIANARIS
 
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 crack down on "ghost jobs" by requiring job advertisements to
disclose if and when an employer intends to hire someone for a position.

 
SUMMARY OF PROVISIONS:

Section 1 amends the Labor Law by adding a new section 219-b, which
contains the following provisions:

Subdivision 1 provides definitions for the terms "employer" and "third-
party job posting entity."

Subdivision 2 requires job advertisements to contain the following

disclosures:

(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).

(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 EMPLOYER INTENDS TO FILL
THIS POSITION NO SOONER THAN (DATE).

(c) If there is no expectation that the job is to be filled, the adver-
tisement 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.

Subdivision 3 requires employers and third-party advertising entities to
remove job advertisements within 2 weeks of the position being filled.

Subdivision 4 grants the Department of Labor the authority to conduct
audits. Any person aggrieved by a violation of this section may report
the violation to the department.

Subdivision 5 provides that a violation of this section shall result in
a $2,500 fine for each publication or digital platform in which the
advertisement appears. The fines shall double for each 30-day period
that the advertisement remains posted.

Subdivision 6 grants rulemaking authority to the Department of Labor.

Section 2 provides that this bill shall take effect 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.
hftos://www.cnbc.com/2024/06/27/4-in-10-companies-saythevve- posted-a-
fake-job-this-year-what-that-means.html

This bill would require employers with 100 or more employees to include
specific language in employment advertisements stating when they intend
to 'fill a job. If the employer intends to fill the job in less than 90
days, then the advertisement must state the date it shall be filled. If
the employer intends to fill it more than 90 days from advertising, then
the advertisement must state the position will be filled "no sooner
than" a specific date. If the employer does not actually intend to fill
a current vacancy and is only seeking to collect resumes, then the
advertisement must explicitly say so, rather than deceive applicants
into thinking that they are applying for a real position. All of this
new mandatory language must appear in capital letters and in bold type.

These requirements would also apply to third-party job posting entities.

A violation of this bill would result in 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 can do is be
honest with the public about the jobs they are seeking to fill.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

This bill could result in an increase in revenues to the state as a
result of collecting fines from bad actors.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S8877 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8877
 
                             I N  S E N A T E
 
                             January 13, 2026
                                ___________
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 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).
   (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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10205-03-6

 S. 8877                             2
 
   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.

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Senate Bill S8877

Sponsored By

Current Bill Status - In Senate Committee Labor Committee

Actions

2025-S8877 (ACTIVE) - Details

2025-S8877 (ACTIVE) - Summary

2025-S8877 (ACTIVE) - Sponsor Memo

2025-S8877 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Michael Gianaris

Current Bill Status - In Senate Committee Labor Committee

Actions

2025-S8877 (ACTIVE) - Details

2025-S8877 (ACTIVE) - Summary

2025-S8877 (ACTIVE) - Sponsor Memo

2025-S8877 (ACTIVE) - Bill Text download pdf

Comments