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S 3509

Relates to renaming the bridges of the state highway system after New York state's medal of honor recipients

2025 Regular Session Introduced by Alexis Weik

Requires transparent public job postings: disclose if a vacancy exists, provide fill timelines, remove filled/expired ads promptly, and empowers DOLWD audits with penalties.

REFERRED TO TRANSPORTATION
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WeVote Research Nonpartisan
Bill Summary · S 3509

Summary — S 3509 (2024-2025)

Note: The bill title listed in the request (relating to renaming bridges) does not match the bill text. The content of S 3509 as introduced and amended concerns requirements for publicly advertised job postings. This summary reflects the actual bill language and committee amendments.

Main purpose

S 3509 requires greater transparency and timeliness in public job advertisements. It directs employers and third‑party job posting companies to disclose whether a posting is for an existing vacancy, set and honor timelines for candidate notification, remove filled or expired postings promptly, and permits Department of Labor and Workforce Development (DOLWD) audits and civil penalties for violations.

Key provisions

  • Disclosure in postings

    • Every publicly advertised job posting must state whether it is for an existing vacancy.
    • If for an existing vacancy, the posting must include an estimated timeframe for when the position will be filled.
    • If the posting is not for an existing vacancy, the posting must include a disclaimer that no vacancy exists — but such a posting/disclaimer is allowed only if, within the preceding 12 months, the employer has listed the same position at least three times or hired at least six employees in similar roles. That posting/disclaimer must expire and be removed after 90 days.

  • Removal of filled or expired postings

    • For postings advertising existing vacancies, the employer must remove its posting within two weeks after the position is filled, or within 30 days of the original posting, whichever is later.
    • Third‑party job posting companies must remove a post within two weeks of when they know or reasonably should know the position has been filled, or within 30 days of the original posting, whichever is later.
    • Employers must notify third‑party posting companies if they know a third party independently posted the filled position.

  • Applicant communications

    • If an employer conducts an interview (defined broadly but excluding preliminary HR screenings), the employer must, within the timeframe stated in the job advertisement, inform the interviewed applicant whether the position has been filled or whether the applicant remains under consideration. If still under consideration, the employer must provide an estimated decision timeframe.

  • Definitions

    • A position is “filled” on the first day the selected candidate begins performing job duties.
    • “Interview” excludes preliminary screenings or basic qualification checks.

  • Enforcement and penalties

    • DOLWD may audit employers and third‑party posting companies and accept reports from aggrieved persons.
    • Civil penalties: up to $300 for a first offense and up to $600 for subsequent offenses. Each week a posting remains in violation counts as a separate violation.
    • Penalties are collected by summary civil action under the Penalty Enforcement Law.

  • Rulemaking and effective date

    • Commissioner of Labor shall adopt necessary rules; the act takes effect immediately upon enactment.

Who is affected

  • Employers who publicly advertise jobs (private and public-sector employers covered by the text)
  • Third‑party job posting companies and aggregators
  • Job applicants who are interviewed
  • DOLWD (enforcement and audit responsibilities)

Procedural status (selected)

  • Introduced: June 26, 2024 (Senate, referred to Labor Committee)
  • Reported out of Senate Labor Committee with amendments: March 3, 2025 (2nd Reading)
  • Referred to Senate Budget & Appropriations Committee: March 3, 2025
  • Also shows referrals to Transportation on Jan 28, 2025 (duplicate entries in record)
  • Sponsor: Sen. Alexis Weik
  • Related/companion: A4625; prior-session related bills S2244 and S8873

Potential impact and considerations

  • Seeks to reduce misleading or “phantom” job ads and improve applicant communication.
  • Imposes modest civil penalties and creates audit powers for the DOLWD.
  • May increase administrative tasks for employers and third‑party platforms (tracking filled status, notification duties).
  • The restriction on non‑vacant postings limits ability to continuously advertise pipeline roles except where employers have recent hiring/listing history.

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

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