Moriarty Legislation Cutting Down on Postings for ‘Ghost Jobs’ Clears Committee

TRENTON – The Senate Labor Committee passed a bill sponsored by Senator Paul Moriarty that would set specific job posting requirements in order to prevent employers or third-party companies from posting fake job openings that they have no intention of filling, also known as “ghost jobs.”

While the posting of “ghost jobs” is not a new phenomenon, studies indicate that they have become much more common in recent years as the hiring process has gone digital.

“The job search, especially in the current market, can be a time-consuming and exhausting experience,” said Senator Moriarty (D-Atlantic/Camden/Gloucester). “Employers who advertise a position with no intention of filling it greatly mislead applicants, giving them a false hope, wasting their time, and eroding trust in the labor market as a whole. It’s tremendously important, now more than ever, that we ensure these bad practices no longer occur so that the job search is transparent, streamlined, and applicant-friendly.”

Under the bill, S-2136, an employer or third-party job posting company would be required to specify whether a job posting is for an existing vacancy. When a vacant position has been filled, the posting or advertisement must be removed within two weeks of it being filled or within 30 days of the original posting, whichever is later.

Any person or entity that violates the provisions of the bill would be liable to a penalty of no more than $300 for a first offense, and no more than $600 for a subsequent offense. Each month that a job advertisement is posted in violation of the bill would constitute a separate and distinct violation with certain exceptions.

Finally, the Department of Labor and Workforce Development would have the authority to audit employers and third-party job posting companies that have repeatedly violated the bill’s provisions.