Assembly approves private‑sector job‑posting transparency law; members warn enforcement could burden small firms

Mister Jacobson, sponsor of A.6292‑a, said the bill aims to reduce ‘ghost jobs’—advertisements for positions that do not exist—and to improve labor‑market transparency. He described the requirements: employers with 100 or more employees must state in advertisements whether they intend to fill a position within a specified window (for example, within 90 days), indicate when postings are only accepting resumes for future openings, and remove advertisements within two weeks of learning the job was filled.

Questioners pressed how the law treats third‑party postings (online platforms, community groups, job fairs) and what proof the Department of Labor would require. Mr. Jacobson said liability for third parties turns on whether the third party “knew or should have known” the job was filled; employers have an obligation to notify third parties if they know a posting exists there. Members expressed concern that fines—statute language on the floor referenced penalties in the $2,500–$5,000 range per instance—could be onerous for small or medium‑sized businesses, and noted the Department of Labor’s limited staffing for active enforcement.

Several members asked why public employers (state and local governments) were excluded; critics noted thousands of unfilled public‑sector positions and urged parity. The sponsor said the bill targets private‑sector fraudulent postings and that public‑sector coverage could be considered separately.

Floor explanations showed support and opposition across parties. The clerk recorded the vote: Ayes 94, Nays 46; the bill passed and the sponsor said it takes effect immediately as read.