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Bill

S 8877

Relates to certain mandatory disclosures for job advertisements

2025 Regular Session Introduced by Mike Gianaris

New York requires job ads to clearly state if a position is a current vacancy with a fill date, a future resume request, or not a vacancy at all.

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Bill Summary · S 8877

Bill Summary: S 8877 (2025-2026) – New York

Basic Information

  • Title: Relates to certain mandatory disclosures for job advertisements
  • Jurisdiction: New York
  • Introduced: January 13, 2026
  • Sponsor: Sen. Gianaris (Co-sponsor: Mike Gianaris)
  • Committee: Labor
  • Effective Date: Immediate upon enactment

Purpose and Intent

The bill adds mandatory disclosure requirements to job advertisements, ensuring clarity about whether postings reflect current vacancies, the timeline for filling positions, or if the employer is seeking resumes for future opportunities. It also creates enforcement mechanisms, auditing authority for the Department of Labor, and penalties for noncompliance.

Key Provisions and Changes

1) New Section 219-b – Mandatory language in job advertisements

  • Definitions:
    • Employer: Any entity employing at least 100 employees (excludes state, public authorities, or other governmental agencies).
    • Third-party job posting entity: A party that posts job listings on behalf of employers or independently for job seekers on one platform.
  • Mandatory disclosure requirements for all job ads (printed or digital):
    • If the position will be filled within 90 days:
    • Advertising must state in capital letters and bold:
      THIS POSTING IS FOR A CURRENT VACANCY AND THE EMPLOYER INTENDS TO FILL THIS POSITION BY (DATE).
    • If the position will be filled more than 90 days from advertising:
    • Advertising must state in capital letters and bold:
      THIS POSTING IS FOR A CURRENT VACANCY AND THE EMPLOYER INTENDS TO FILL THIS POSITION NO SOONER THAN (DATE).
    • If there is no expectation to fill the job immediately:
    • Advertising must state in capital letters and bold:
      THIS POSTING IS NOT FOR A CURRENT VACANCY BUT THE EMPLOYER IS SEEKING RESUMES TO REVIEW IN THE FUTURE WHEN JOBS BECOME AVAILABLE.

2) Post-Posting-Closure Requirements

  • Employer obligations after filling a position:
    • Remove the posting within two weeks of the position being filled.
    • If a third-party posting entity independently posted the job, the employer must notify that entity that the position has been filled.
  • Third-party posting entity obligations:
    • If they know or have reason to know a post has been filled or expired, remove the post within two weeks.

3) Department of Labor Oversight

  • The Department of Labor has the authority to conduct audits of employer and third-party posting practices to identify ongoing violations.
  • Individuals may report violations to the department.

4) Penalties and Remedies

  • Violation rectification period: If a violation is found, the responsible party must rectify within 30 days.
  • Fines (per publication/platform):
    • Initial fine: $2,500 for each print publication or digital platform where the ad appears.
    • If not rectified within 30 days: $5,000 for each print publication or digital platform.
    • For each subsequent 30-day period of continued violation, fines double from the previous period.
  • The Commissioner may adopt rules and regulations to implement these provisions.

Who Is Affected

  • Primary: Employers with at least 100 employees.
  • Secondary: Third-party job posting entities that list jobs for employers.
  • Enforcement: New York Department of Labor, with potential audits and penalties for noncompliance.
  • Public sector entities and non-qualifying governmental agencies are not covered by the definition of “employer” for purposes of the act.

Procedural and Timeline Aspects

  • Effective Date: Immediate upon enactment.
  • Compliance Timeline: Advertisers must adopt the disclosure language at the time of posting; postings must be removed within two weeks after vacancy is filled; violations trigger progressive fines with escalating penalties if not cured within 30 days and as the violation persists.

Practical Implications

  • Increases transparency in job advertising, helping job seekers understand vacancy status and expected timelines.
  • Creates a new compliance framework for employers and third-party posting platforms, including routine audits and monetary penalties.
  • Could impact recruiting practices, posting workflows, and communications with third-party entities to ensure timely removal of filled positions.

If you’d like, I can provide a side-by-side comparison with current NY labor advertising practices or draft potential compliance checklists for employers and third-party posting entities.

Compiled from official sources — confirm details with the bill’s official record.

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