Corrected to reflect accurate vote count.

TRENTON – In an effort to begin to crack down on the practice of posting so-called ‘ghost job’ openings – openings that a company has no intention of filling – the Senate Labor Committee advanced legislation that would require an employer to remove a job posting when a position has been filled and include, within any posting for a publicly advertised job, information concerning whether the posting is for an existing position.

Under the bill, sponsored by Senator Paul Moriarty, an employer who publicly advertises a job posting must include in the posting:

·    a statement disclosing whether the posting is for an existing vacancy or not, and if the posting is for an existing vacancy, an estimated timeframe of when the position will be filled; and

·    any other information relating to the position as deemed appropriate by the Commissioner of Labor and Workforce Development.

While the posting of “ghost jobs” is not a new phenomenon in the hiring and new employment process, studies indicate that they have become increasingly prominent in the internet age.

“Looking for a new job can be a time-consuming and emotionally draining experience. Employers who advertise such non-positions for purposes that do not include hiring in the near-term are giving applicants a false hope, wasting their time and eroding the trust of the labor market overall,” said Senator Moriarty (D-Gloucester/Camden/Atlantic). “This bill seeks to root out the bad actors and expose these cynical practices, thereby making the entire job search a more transparent process.”

In May of 2024, ResumeBuilder, an online tool used to create resumes, interviewed 1,641 hiring managers regarding the practice of posting fake job listings. The survey found that of the companies interviewed, 40 percent of companies had posted a “ghost job” and 30 percent of companies actively had a “ghost job” posted at the time of the survey.

Any person who violates the provisions of the bill would be subject to civil penalties. Specifically, those who violate provisions of the bill would be liable to a penalty of not less than $1,000 nor more than $5,000 to be collected in a civil action by a summary proceeding.

The bill, S-3509, was approved by a vote of 3-2.