New Legislation Regulating Job Ads Seeks to Tackle “Ghost Jobs” and Use of AI Screening Tools

On April 28, 2026, the New York Senate passed bill S8877, which would require employers to disclose an expected hiring timeline or a clear statement that the employer is collecting resumes for future opportunities rather than filling an immediate opening. The bill aims to address concerns about “ghost job” postings, where positions may not actually be available but are used to build candidate pipelines or create the appearance of growth. The legislation now awaits consideration in the State Assembly.

Lawmakers in New Jersey are considering comparable legislation, and California, Kentucky, and Pennsylvania have introduced bills that would impose varying combinations of requirements, including salary ranges, hiring timelines, and disclosures about AI use in hiring decisions.

These developments reflect a broader shift in how states regulate job advertisements. What began with salary disclosure requirements, first widely adopted following Colorado’s 2021 law, has steadily expanded. Today, at least 11 states and Washington, D.C., require salary ranges in job postings, with additional laws set to take effect in states like Virginia, Maine, and Delaware.

Now, regulators are looking beyond compensation to address other aspects of the hiring process, such as disclosing whether a role is actively being filled, providing estimated timelines for hiring decisions, and notifying applicants when AI tools are used in screening or selection. Pennsylvania’s pending legislation, for example, would bundle all these elements into a single, comprehensive requirement.

Mandates requiring employers to disclose the use of AI in hiring are also gaining momentum. States such as Illinois and Colorado, along with New York City, have already enacted laws or ordinances addressing automated decision-making tools.

The push to regulate “ghost jobs” stems in part from growing scrutiny of hiring practices. Surveys suggest that a significant percentage of employers have posted roles that were not immediately intended to be filled. While critics argue this can mislead job seekers, employers often cite legitimate business reasons, such as building candidate pipelines or responding to shifting budget and headcount needs.

New York lawmakers are also considering additional measures that would require employers to notify job boards when a position has been filled, with corresponding obligations for platforms to remove inactive listings.