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Senator sponsor and business groups endorse changes to curb 'ghost job' postings; employers urge caution
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Summary
S3509, amended in committee, would require employers to mark whether a posted job is an active vacancy, remove postings after positions are filled, and limit liability for third-party job-posting sites; business groups moved from opposition to support after amendments. Employer witnesses warned of compliance burden amid labor shortages.
Senator Bridal, the sponsor of Senate Bill 3509, told the Labor Committee that postings for jobs that do not exist are an unfair practice for jobseekers. "Like, why would you advertise for jobs that you don't have?" the senator said in opening remarks, citing a Resume Builder finding that about 40% of hiring managers reported at least one ghost posting in 2024.
The measure as amended would require an employer to indicate whether an advertised job is for an existing vacancy, remove a posting within two weeks after filling the position (or 30 days after the original posting, whichever is later), and provide disclaimers for positions that are not currently vacant. The amendments also narrowed potential liability tied to third-party job-posting companies (for example, LinkedIn or Indeed) so that employers are required only to notify a party advertiser that a position has been filled; the posting company would have two weeks to remove the listing and the employer would not be liable if the third party fails to do so.
Business groups that initially opposed the bill — including the New Jersey Business & Industry Association, the State Chamber and regional chambers — said the committee amendments addressed major concerns. Elyssa Frank, Vice President of Government Affairs for NJBIA, said the changes "make the bill better" and that they moved the association to support after several requested amendments were adopted. Frank told the committee the amendments reduced fines (initial civil penalties were reduced from a higher range to $300 for a first offense and $600 for a subsequent offense), clarified the definition of "interview" and added a clear rule for when a posting is considered filled (the day the selected candidate begins performing duties).
Several senators voiced employer concerns about practical enforcement and administrative burden. One senator who said he runs an engineering firm warned that in a tight labor market it is common to post broadly for prospective hires even if a specific opening is not immediately available; he said employers should not be forced into continuous monitoring of third-party platforms after notifying them to remove a posting. Sponsor and business witnesses responded that the bill already relieves employers of ongoing monitoring obligations and that proof of notification is sufficient to show compliance.
School-district and principal organizations said they appreciated amendments clarifying that a position is considered filled when an employee actually starts, and some urged further work to avoid unintended consequences for public-school hiring amid ongoing educator shortages.
The committee reported S3509 with amendments. Supporters said it is intended to protect job applicants and deter bad actors who mine resume databases, while opponents said further refinement may be required to avoid undue burdens on small employers and seasonal hiring practices.
Next steps: The reported bill moves to the full Senate for further consideration and potential floor amendments.
