Senate approves job-posting disclosure bill after extended debate over enforcement and fines

The New York State Senate passed legislation on April 27, 2026, that would require employers to include a one‑sentence disclosure in job postings indicating whether the vacancy is a current opening intended to be filled within 90 days, or whether the posting is to collect applications for future openings. Senator Andrea Giaris (sponsor) said the measure targets so‑called “ghost jobs,” postings listed without intent to hire.

Supporters say the bill protects jobseekers by making an employer’s hiring intent transparent and would require only a brief disclosure in a posting. “It says if the job is of, for an immediate opening that’s intended to be filled within 90 days, it should say so,” Senator Gianaris told colleagues on the floor, describing the statutory disclosure language.

Opponents called the penalties and enforcement structure overly burdensome. Senator Borrello warned the measure could create “a bounty‑hunter situation,” saying attorneys would comb postings and generate litigation. He objected to initial penalties that start at $2,500 and double after 30 days if violations are not remedied, calling that “excessive and harsh for a job posting.” Senator Murray, who said she has industry experience, described the underlying problem as real but questioned whether the proposed fines and strict deadlines were proportionate: “Is it worth punishing people who are employing people? I don’t think we want to punish employers,” she said.

The bill’s enforcement mechanism names the New York State Department of Labor as the enforcing authority; the sponsor said the department would have investigatory authority and discretion to pursue violations. The legislation sets a size threshold so it applies to employers meeting the bill’s employee-count definition (the text discussed a 100‑employee threshold). The sponsor also stated on the floor that the bill “does not provide a private right of action.”

During debate senators pressed the sponsor on practical scenarios: multi‑position ads, monthly print publications that cannot be removed immediately, and whether the law requires proof of intentional deception (mens rea). The sponsor responded that the statute’s intent element and enforcement process would be handled by the Department of Labor and further challenges would be adjudicated through the courts.

After extended floor discussion the chamber voted to pass the bill. The roll call on the measure recorded 39 ayes and 19 nays; the Senate announced, “The bill is passed.”