News

June 17, 2026

Trending Now: States & Congress Respond to “Ghost” Job Postings

In a competitive labor market, employers may employ new strategies to get more qualified candidates into their applicant pool. One strategy is posting “ghost” vacancies. These are postings for jobs, including on social media (SoMe) or the employer’s website, that are not currently open, vacant, or available, but may be in the future. Applicants, however, may find that practice frustrating when they are told after applying that there is, in fact, no vacancy but “we’ll be in touch.”

In response, several states are considering legislation to stop this practice. New York passed a related bill on June 2nd. New Jersey and Pennsylvania have related legislation. In addition, there is proposed and related legislation at the federal level: Truth in Job Advertising and Accountability Act (TJAAA).  Some proposals would require employers to:

  • include in a job ad the date the employer expects to fill the job;
  • post no job for more than 90 calendar days;
  • maintain certain records and publish monthly reports;
  • and (lots) more.

 
If you post any job ads for a position that is not currently available, be sure to monitor this trend and comply with any new laws that may be enacted in your state(s) of operation.

What else is trending in SoMe? Check out the June 24th webcast, “Social Media and Its Workplace Implications,” Noon – 1:15 ET. Pre-approved by HRCI & SHRM for 1.25 credits. Click here for the program agenda and to register. $25 pp