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# Laws Against Ghost Jobs: What’s Actually Changing

Ghost jobs aren't illegal under U.S. federal law - yet. Ontario has a working law, New York's S8877 awaits a signature, and pay transparency is closing in.

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In this article You spent an hour tailoring your résumé. You wrote the cover letter. You clicked submit. And then… nothing. Not a rejection — just silence. Weeks later the same listing is still up, still “accepting applications.” Welcome to the ghost job.

The Wall Street Journal recently told the story of a 44-year-old marketing professional who applied to more than 3,000 jobs since May 2025. Her savings have dwindled, she’s cut back on meals, and she’s preparing to move in with her father. Her question is one that millions of job seekers are quietly asking: if hundreds of people applied, was nobody qualified — or was there never really a job?

Ghost jobs — postings for roles a company has no real intention of filling — have frustrated job seekers for years. Companies post them to build candidate pipelines, project growth to investors, keep teams looking busy, or simply because someone forgot to take the listing down. For a long time, there was nothing anyone could do about it.

That’s starting to change. Lawmakers in Canada and across the U.S. are writing the first rules that treat fake job postings as a problem the law should solve. Here’s the full picture: what the laws say, where they stand, and what they mean for you.

## What exactly counts as a “ghost job”?

The term gets thrown around loosely, so it’s worth being precise. Not every unanswered application is a ghost job, and not every stale listing is a scam. In practice, ghost jobs fall into a few categories:

* Pipeline postings. The company wants résumés on file for future openings but has no open role right now. The most common — and most defensible — version.
* Internal-fill postings. The hire has already been decided internally, but the role is advertised anyway. Applicants never stood a chance.
* Vanity postings. The listing exists to project growth — to investors, competitors, or the team. The role may never have existed.
* Frozen and zombie postings. The role was real once, then the budget changed or a freeze hit — or the position was filled months ago and nobody took the ad down. Aggregators can keep these circulating long after the employer moved on.

The proposed laws mostly target the first three — the intentional cases — while removal-deadline rules (like New York’s) also sweep up the frozen and zombie listings.

## The federal picture: still the Wild West

Let’s start with the blunt truth: as of October 2026, ghost jobs are not illegal under U.S. federal law. No federal statute explicitly prohibits posting a job you don’t intend to fill. The Congressional Research Service confirms they are not explicitly prohibited; the FTC Act’s ban on “unfair or deceptive acts or practices” could theoretically apply, but proving an employer never intended to hire is extremely difficult — and no major federal case has been brought on that theory.

Why is intent so hard to prove? Because hiring is genuinely messy. Budgets change mid-quarter, managers leave, roles get restructured — any of these can turn a legitimate posting into a dead end. That’s the enforcement gap every proposed law is trying to design around: replacing the intent question with bright-line disclosure rules.

An advocacy group has drafted a “Truth in Job Advertising and Accountability Act,” but it has no bill number and was never introduced in Congress. So if you’re waiting for Washington to act, don’t hold your breath. The real action is happening at the state level — and in Canada.

## Ontario: the first jurisdiction to actually do it

Ontario, Canada, is currently the benchmark. Since January 1, 2026, new requirements under the [Employment Standards Act, 2000](http://www.ontario.ca/document/your-guide-employment-standards-act-0/requirements-related-publicly-advertised-job) apply to employers with 25 or more employees who advertise public job postings:

* Vacancy honesty. Postings must disclose whether the role is for an existing vacancy — no more collecting résumés for jobs that don’t exist.
* Pay ranges. Employers must include expected compensation or a range — and the range can’t span more than the equivalent of $50,000 per year. Roles paying over $200,000 are exempt.
* AI disclosure. If artificial intelligence is used to screen, assess, or select applicants, the posting must say so.
* No more interview ghosting. Employers must tell interviewed applicants whether a hiring decision has been made — within 45 days of the interview (or the last interview, if there were several).
* Record-keeping. Job postings and application records must be retained for at least three years.

That’s the full package: vacancy honesty, pay transparency, an end to interview ghosting, and a paper trail — all in one regulation. It came through Ontario’s Working for Workers Four Act, 2024, and it’s the closest thing the world has to an anti–ghost job law with teeth. For a detailed breakdown of the compensation caps and exemptions, see this [employer guide](https://resources.charityvillage.com/new-changes-coming-to-the-ontario-employment-standards-act-rules-and-exemptions-for-job-postings/).

What makes Ontario’s approach notable is that it doesn’t try to ban ghost jobs outright — it makes them pointless. A pipeline posting is still legal; it just has to say it’s a pipeline posting. And once it says that, applicants can decide for themselves whether it’s worth their time. Transparency, not prohibition, is the mechanism.

## New York is next — probably

New York is the state to watch. In 2026, lawmakers passed bill S8877/A6292A targeting ghost jobs directly. Sponsored by State Senator Michael Gianaris, it cleared the Senate on April 28 and the Assembly on June 2, 2026, and now awaits the governor’s signature. You can read the full text on the [New York State Senate site](https://www.nysenate.gov/legislation/bills/2025/S8877).

What the bill would require of employers with 100+ employees — and of the third-party job platforms they post on:

* If the position is expected to be filled within 90 days, the posting must state in bold capitals: “THIS POSTING IS FOR A CURRENT VACANCY AND THE EMPLOYER INTENDS TO FILL THIS POSITION BY [DATE].”
* If it won’t be filled for more than 90 days, the posting must say so, with a “no sooner than” date.
* If there’s no current vacancy at all — the employer is just collecting résumés — the posting must say that explicitly: “THIS POSTING IS NOT FOR A CURRENT VACANCY, BUT THE EMPLOYER IS SEEKING RESUMES TO REVIEW IN THE FUTURE WHEN JOBS BECOME AVAILABLE.”

Filled listings would have to be removed within two weeks. Violations carry penalties starting at $2,500 per violation, the state Department of Labor would get audit authority, and aggrieved job seekers could report violations. Legal analysis from [Saiber LLC](https://www.jdsupra.com/legalnews/new-york-state-senate-and-assembly-pass-4121872/) and [The HR Digest](https://www.thehrdigest.com/new-york-lawmakers-pass-bill-on-ghost-jobs-taking-another-swing-at-transparency/) covers the details.

If signed, the law takes effect immediately — and New York would set the template for the rest of the country. One detail worth watching: the 100-employee threshold is higher than Ontario’s 25, which means small businesses are exempt. But the inclusion of third-party job platforms is arguably the bigger deal (more on that below).

## How the laws compare

The approaches differ in meaningful ways. Here’s a side-by-side view of the two enacted-or-nearly-enacted regimes plus the leading proposals:

Ontario (in force Jan 1, 2026)New York S8877 (passed, awaiting signature)New Jersey S2136 (proposed)California AB 1251 (proposed)Employer threshold25+ employees100+ employeesNot yet fixedNot yet fixedVacancy statementMust say if vacancy existsThree-tier disclosure in bold capitalsMust say if active openingMust say if vacancy existsRemoval deadline—2 weeks after filling2 weeks after filling (or 30 days after posting)—Pay range requiredYes (max $50K spread)Already required under NY lawAlready required under NJ lawAlready required under CA lawAI disclosureYesNoNoNoInterview follow-upDecision update within 45 daysNoNoNoPlatforms coveredJob posting platforms have obligationsThird-party job posting entities includedUnder discussion—PenaltiesESA enforcementFrom $2,500 per violationUp to $300, then $600Treated as unfair competition

Two patterns stand out. First, nobody is outright banning pipeline postings — the strategy everywhere is mandatory honesty, not prohibition. Second, the trend is toward putting obligations on platforms, not just employers. That’s a structural shift: it means the job boards where you search will increasingly be on the hook for what’s on their pages.

## The rest of the U.S. is lining up

New York isn’t alone. Several states have ghost-job–specific bills moving through their legislatures:

* New Jersey (S2136) — would require an existing-vacancy statement and removal of filled postings within two weeks (or 30 days after posting, whichever is later), with fines up to $300, then $600. It cleared the Senate Labor Committee in May 2026.
* California (AB 1251) — a vacancy-statement requirement, with violations treated as unfair competition. It passed the Assembly 62–9 in June 2025 but has been sitting in Senate Appropriations since August 2025.
* Pennsylvania (HB 2321) — would require employers to disclose whether a role is existing, anticipated, or entirely new, plus the intended hiring and start dates and the extent of AI use in hiring. Introduced March 2026.
* Kentucky (HB 57 / HB 342) — would prohibit ghost-job postings outright and set penalties. Both bills stalled in committee.

Meanwhile, enforcement is getting creative even without new statutes: in August 2026, Texas Attorney General Ken Paxton opened an investigation into LinkedIn over potentially fake job advertisements — putting the platforms themselves in the spotlight. That investigation matters beyond Texas: it signals that attorneys general see misleading listings as a consumer-protection issue — an enforcement lane that doesn’t require new legislation at all.

## The quieter weapon: pay transparency laws

Even where ghost-job bills haven’t passed, a parallel wave of laws is making ghost jobs harder to hide. Pay transparency legislation — which forces employers to disclose salary ranges in postings — is now in effect across 16 states plus Washington, D.C.: California, Colorado, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New York, Rhode Island, Vermont, Virginia, and Washington. Delaware’s law takes effect September 26, 2027. See [this legal overview](https://www.jdsupra.com/legalnews/show-and-tell-new-state-salary-5752770/) and [Sequoia’s tracker](https://www.sequoia.com/2026/05/pay-transparency-update-virginia-maine-delaware/) for the latest additions.

Why does this matter for ghost jobs? A posting with a concrete, good-faith salary range, benefits disclosure, and (in Colorado) a closing date is much harder to keep up as a permanent fake. Several states — including California, Colorado, and New York — require a range in essentially every posting, and most of these laws explicitly reach remote postings tied to the state. For remote workers, that means a listing open to residents of one of those states carries the same obligations regardless of where the company is headquartered.

There’s also a second-order effect. When employers are forced to publish real salary bands, the economics of ghost jobs change: a fake listing with a published range creates internal pressure (current employees see it) and external accountability (candidates can compare). Pay transparency doesn’t outlaw ghost jobs — it raises their cost.

## What the new rules mean for job boards

Here’s the part that doesn’t get enough attention: the new laws increasingly treat job platforms as responsible parties, not neutral bulletin boards.

Ontario’s rules impose obligations on “persons who operate job posting platforms.” New York’s S8877 explicitly covers “third-party job posting entities” — defined as anyone who posts multiple job vacancies on behalf of or independently of employers for job seekers to search. That definition catches job boards, aggregators, and potentially even the AI assistants and agents that surface job listings.

What does that mean in practice? Platforms will need to verify that listings carry the required disclosures, remove stale postings on a deadline, and potentially face penalties for hosting non-compliant ads. For job seekers, that’s good news: it creates a financial incentive for boards to police listing quality instead of maximizing listing volume. The boards that already screen employers and verify postings will find compliance straightforward; the ones built on volume will have a harder adjustment.

If you’re choosing where to job hunt, ask whether a board verifies its listings and removes stale ones. Under the emerging legal regime, that’s not just a quality signal — it’s increasingly a compliance requirement.

## What this means if you’re job hunting remotely

Laws are slow; your job search is now. Here’s how to use the new rules to your advantage today:

* A missing salary range is now a signal, not just an annoyance. In much of the country, a legitimate employer posting a role that could be done from California, New York, or Colorado is legally required to show a pay range. No range plus no location restrictions — worth a second look before you apply.
* Check the date and the fine print. Under the emerging rules, legitimate postings increasingly carry closing dates and vacancy statements (“this position is for a current vacancy”). If a listing has been up for months with neither, treat it as low-probability.
* Look for the disclosure language. In New York — if the bill is signed — every posting from a mid-size or large employer will have to tell you, in bold capitals, exactly what the hiring timeline is. In Ontario, postings already have to say whether a vacancy exists. Get in the habit of looking for that statement even before it’s legally required everywhere.
* Cross-check before you invest hours. If a listing looks promising but thin on details, check the company’s own careers page and LinkedIn. A role that’s real is usually findable in more than one place; a ghost often exists only on one board.
* Prefer boards that verify. As platform obligations grow, the boards that screen employers, verify postings, and prune stale listings are doing the compliance work that the law is starting to demand. Volume isn’t quality.
* Report it. State labor departments and attorneys general are the enforcement channels — and in places like Texas, they’re already investigating platforms. If you’re confident a listing is fake, reporting it to the state where the company operates helps build the enforcement record these laws need.

## What’s likely next

A few things to watch in the coming year:

* The Texas investigation. Whatever the Texas AG finds on LinkedIn will shape how aggressively other states use existing consumer-protection powers against misleading listings — no new laws required.
* Platform compliance as a differentiator. As board-level obligations spread, expect the better job boards to advertise their verification practices the way food brands advertise ingredients. Listing quality is about to become a competitive feature.
* Federal action — eventually. There’s still no federal bill, but state-level momentum has a way of forcing the federal conversation. If a dozen states end up with vacancy-disclosure rules, a federal standard becomes a matter of when, not if.

## Frequently asked questions

Are ghost jobs illegal?
Not under U.S. federal law, as of October 2026. But they are effectively restricted in Ontario, Canada (since January 1, 2026), and New York has passed a bill that would make non-disclosure illegal once signed. Several other states have bills in progress.

Which jurisdiction has the strictest ghost-job rules right now?
Ontario. It’s the only place with an in-force law, and it goes beyond vacancy disclosure: it requires pay ranges, AI-use disclosure, a 45-day decision update for interviewed candidates, and three-year record retention.

Do these laws apply to remote jobs?
Largely, yes. Most pay transparency laws explicitly cover remote postings tied to the state — typically based on where the employee would work, not where the company is headquartered. Ontario’s rules apply to publicly advertised postings, with exemptions for work performed outside Ontario.

Can a company still collect résumés for future openings?
Yes — in every jurisdiction so far. The laws require the posting to say that’s what it’s doing. Pipeline recruiting isn’t banned; silent pipeline recruiting is what’s being squeezed out.

Where can I report a suspected ghost job?
To the state labor department or attorney general where the employer operates. In New York, the Department of Labor would have audit authority under S8877, and job seekers could report violations directly. In Ontario, complaints go through the Employment Standards Act enforcement process.

## The bottom line

The era of consequence-free ghost jobs is ending — slowly, unevenly, and state by state. Ontario has a working law. New York is one signature away. A half-dozen other states are drafting theirs. Attorneys general are opening investigations. And the pay-transparency wave is quietly raising the cost of keeping fake listings alive.

None of this fixes the problem tomorrow. But for the first time, the trend line points toward accountability — and job seekers who know the new rules can spot the fakes faster than ever.

[![Ines Martínez](https://jobicy.com/data/server-nyc0409/galaxy/mercury/2026/06/avatar_57920_1780803913.jpg) About the author Ines MartínezDigital Nomad & Resume Strategist · Spain/Mexico ¡Hola! I am a digital nomad and resume nerd who’s helped over 500 professionals craft winning CVs. My background is in UX writing, but I fell in love with career coaching while traveling across Latin America. I write practical guides and templates that actually help people get hired.](https://jobicy.com/blog/author/ugi225.md) Share this article    Keep exploring

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