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AB 1251 would require employers to disclose whether job postings are for real vacancies
Summary
AB 1251 would require private employers to state in job postings whether the posting is for an actual vacancy, proponents said, aiming to curb so‑called “ghost” job postings that mislead applicants.
Assemblymember Berman presented AB 1251, a measure aimed at increasing transparency in private‑sector job advertising by requiring employers to disclose in postings whether the role is an actual vacancy or posted for other reasons.
Berman explained the term “ghost jobs” — postings for positions that do not actually exist — and said a 2024 Resume Builder survey found 39% of hiring managers reported posting a ghost job that year. He said employers post ghost positions for reasons ranging from collecting resumes to appearing to grow or to make existing employees feel replaceable.
Committee members asked practical enforcement questions, including how prosecutors would prove intent if an employer holds interviews and later decides not to hire, and whether the proposal should include public‑sector employers. Berman said he had not seen examples in the public sector and was open to considering amendments if evidence is presented.
Senators debated prosecutorial burden and possible exemptions for small employers; one senator said he could not support the bill without examples showing public employers engage in the practice and cautioned it could be hard to prove a ghost posting absent demonstrable intent.
Ending: The author said he would consider including public employers if examples are produced and asked for the committee’s support; the clerk then established quorum and the committee later recorded a vote moving the item forward.
