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New York Ghost Job Bill S8877: What It Would Require and Its Status

New York’s S8877/A6292A would make covered employers and certain job platforms disclose whether an ad is for a current vacancy, a later hire, or future opportunities. Both chambers passed it in 2026, but the reviewed Senate record shows no gubernatorial action.
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New York’s S8877/A6292A would require covered employers and certain job-posting platforms to disclose whether an ad is for a current vacancy, a later hire, or a resume pool for future opportunities. Both chambers passed the measure in 2026, but the Senate bill record reviewed here shows no gubernatorial action, so passage alone does not establish that it became law.

What S8877/A6292A would require

The proposal would add Labor Law §219-b. Its central purpose is disclosure at the time a job ad is published: a job seeker should be able to tell whether the employer is actively trying to fill the role, expects to fill it later, or is collecting resumes for possible future openings.

Disclosure depends on the hiring plan

  • Hiring within 90 days: The advertisement would have to say the position is a current vacancy and state the intended date by which the employer plans to fill it.
  • Hiring more than 90 days after the ad: The ad would have to state the date before which the position will not be filled.
  • Resume collection for future roles: If the ad is not for a current vacancy and is instead gathering resumes for future opportunities, it would have to say so.

The proposal covers businesses and other entities with at least 100 employees, while excluding state government, public authorities, and other governmental agencies or instrumentalities. It also covers a defined third-party job-posting entity that publishes multiple listings on a platform where job seekers can search and apply. The bill text and memorandum are available in the New York Assembly record for A6292A.

Filled roles and proposed penalties

Assemblymember Jonathan Jacobson’s June 18, 2026 announcement says a listing would have to be removed within two weeks after the position is filled. The announcement also describes a $2,500 fine for each publication, doubling every 30 days the listing remains uncorrected. Those details are part of the proposal as described by its sponsor; they should not be treated as current-law requirements absent enactment. The announcement is available from the New York State Assembly.

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Where the bill stands

Senator Michael Gianaris introduced S8877 on January 13, 2026. The Senate passed it on April 28. On June 2, the Assembly passed it after substituting it for A6292A, and the Senate record says it returned to the Senate. That record lists the status as “Passed Senate & Assembly” and displays no gubernatorial action. Jacobson’s June 18 announcement said the bill was awaiting the governor’s signature. The latest status reflected in the official record reviewed here is therefore passage by both chambers, with no listed action by the governor; passage is not the same as enactment. Check the official S8877 action history for any subsequent update.

How S8877 differs from the separate inactive-posting bill

Another proposal, S9208/A9401, is also described in connection with ghost jobs, but it addresses a different problem: removing listings once they become inactive. S8877/A6292A concerns what an ad must disclose about hiring intent and timing. The separate proposal defines inactive postings and sets notice and removal deadlines.

Issue S8877/A6292A S9208/A9401
Primary requirement Disclose whether the role is a current vacancy, a later hire, or a future-opportunity resume pool. Remove a posting once it is inactive, including when a role is filled, no longer intended to be filled, eliminated or frozen, unfunded, or listed in error.
Timing Disclosure would be required in the ad. The sponsor announcement also describes removal within two weeks after the role is filled. The proposal would require an employer to remove an inactive posting within 14 days. If using a third-party platform, the employer would notify it within seven days, and the platform would remove the listing within seven days after notice.
Recorded status The Senate record lists passage by both chambers and no displayed gubernatorial action. The Senate record lists S9208 in the Senate Labor Committee.

The separate measure’s text and status are on the S9208 Senate page and the A9401 Senate page. Its timelines should not be read as requirements in S8877/A6292A.

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What the reported figures do—and do not—show

Jacobson’s announcement cites a 2024 Resume Builder survey, saying 40% of companies reported posting a fake job listing that year. It also cites a 2025 MyPerfectResume report for the claim that nearly a third of U.S. job postings were such listings. These are sponsor-reported figures; the underlying studies and their methodologies were not independently reviewed for this article. They should not be interpreted as verified estimates of all employers or all job postings.

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Jacobson summarized the frustration behind the proposal this way: “The only thing worse than being turned down for a job after an interview is wasting time applying for a job that doesn’t exist at all.”

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