Last Updated on August 6, 2026 by MyHRConcierge

A competitive hiring market depends on transparency. Yet many job seekers report applying for positions that never result in interviews, updates or hires because the roles were never intended to be filled. These so-called ‘ghost jobs’ have become a growing concern for applicants and lawmakers alike, prompting several states to consider legislation that would require employers to provide greater clarity in their job postings. As regulatory attention increases, employers should understand what ghost jobs are, why they are under scrutiny and how evolving laws could affect their recruiting and hiring practices.

As several states consider legislation regulating ghost job advertisements, employers should understand what qualifies as a ghost job, why the practice is under scrutiny and how to reduce compliance risks.

What Is a Ghost Job?

A ghost job is a job advertisement for a position that is not currently available or that an employer has no near-term intention of filling. While not every inactive posting is intentionally deceptive, ghost jobs generally fall into several categories, including:

• Positions advertised to build a future talent pipeline.
• Roles posted despite an active hiring freeze.
• Jobs that have already been filled but remain online.
• Advertisements used to gauge candidate availability or salary expectations.
• Listings intended to project company growth or market activity.

Some employers may also leave postings active because of automated recruiting software or third-party job boards that fail to remove expired positions.

Why Employers Post Ghost Jobs

Although ghost job postings have generated criticism, many employers say they serve legitimate business purposes.

Organizations may post jobs to collect resumes for anticipated hiring needs, evaluate the competitiveness of compensation packages, test job descriptions or maintain visibility on employment websites. Some employers also use ongoing postings to build talent communities before positions become available.

According to a 2024 MyPerfectResume survey of 753 U.S. recruiters, common reasons employers cited for posting ghost jobs included:

• Maintaining a presence on job boards while not actively hiring.
• Building a future talent pool.
• Testing the effectiveness of job descriptions.
• Monitoring labor market conditions and competitor hiring activity.
• Collecting resumes for future openings.

Other respondents reported using ghost postings to improve online visibility, reinforce the appearance of organizational growth or evaluate how easily certain employees could be replaced.

While some of these reasons may support long-term recruiting strategies, they can also create significant reputational and legal concerns if applicants believe they are applying for active openings.

Why Ghost Jobs Are Becoming a Legislative Issue

Job seekers have increasingly expressed frustration over applying for positions that never result in interviews or hiring decisions. Lawmakers argue that ghost job postings can create misleading expectations, waste applicants’ time and undermine confidence in the hiring process.

Beyond applicant frustration, policymakers have raised several additional concerns.

Ghost job advertisements may:

• Create a false impression that a company is expanding.
• Give current employees unrealistic expectations that staffing relief is coming.
• Collect applicant information without a genuine hiring need.
• Distort public perceptions of labor market conditions.

Although federal labor market statistics are generally insulated from ghost postings, the broader hiring marketplace can still be affected by misleading advertisements.

States Are Beginning to Regulate Ghost Job Advertisements

Several states have introduced legislation aimed at increasing transparency in job postings. While these bills vary in scope, they reflect a broader trend toward greater transparency in recruitment practices.

New York

In April 2026, New York lawmakers passed Senate Bill 8877, which would apply to employers with 100 or more employees, as well as third-party job boards.

If signed into law, employers would be required to disclose whether a position is expected to be filled within 90 days. If not, the posting would need to clearly state that it is not a current vacancy and indicate the earliest anticipated hiring date.

Pennsylvania

Pennsylvania lawmakers introduced House Bill 2321, which would require employers to include:

• An estimated hiring timeline.
• Salary ranges.
• Information explaining how AI may be used during the hiring process.

The bill was introduced in March, but was not voted on during the legislative session.

New Jersey

New Jersey’s Senate Bill 2136 would require employers to disclose whether a posting represents an existing position. The legislation was referred to the Senate Budget and Appropriations Committee in May and remains under consideration.

Kentucky

Kentucky legislators introduced a bill in January intended to prohibit ghost job advertisements, although it did not advance before the legislative session ended.

California

California lawmakers also considered legislation addressing ghost job postings in 2025, but the proposal did not advance to a vote.

How Common Are Ghost Job Postings?

Multiple surveys suggest that ghost job postings are more common than many employers may realize.

A 2024 Resume Builder survey of 1,641 hiring managers found that 40% said their company had posted a fake job within the previous year, and 30% reported having active ghost job postings at the time of the survey.

Among organizations that used ghost postings, respondents identified the source of the decision as:

• Human Resources (37%)
• Senior management (29%)
• Executives (25%)
• Investors (5%)
• Consultants (4%)

Many respondents also believed the practice produced business benefits, including improved productivity, stronger employee morale and increased revenue.

Similarly, the 2024 MyPerfectResume survey found that 81% of recruiters reported their organizations had posted jobs that were either fake or already filled, highlighting how widespread the practice may be across industries.

Federal Law and Ghost Job Postings

At the federal level, there is currently no law that specifically prohibits ghost job advertisements. However, employers should not assume ghost postings are entirely without legal risk.

The Congressional Research Service (CRS) has noted that deceptive job advertisements could potentially implicate Section 5 of the Federal Trade Commission (FTC) Act, which prohibits unfair or deceptive acts or practices affecting commerce. Additionally, the FTC’s Impersonation Rule may apply when fraudulent job postings misrepresent the identity or affiliation of the employer.

Although these provisions have primarily been used to combat employment scams rather than routine recruiting practices, they underscore the importance of maintaining truthful and accurate job advertisements.

Best Practices for Employers

Even where ghost job postings remain legal, employers should evaluate whether the practice aligns with their recruiting strategy and employer brand.

Organizations can reduce potential risk by:

• Removing filled or inactive job postings promptly.
• Clearly identifying positions that are intended for future hiring.
• Communicating realistic hiring timelines whenever possible.
• Regularly auditing job boards and third-party recruiting platforms for outdated listings.
• Coordinating with HR, recruiting teams and hiring managers to ensure postings accurately reflect current staffing needs.

Transparent hiring practices can strengthen candidate trust while reducing the likelihood of future compliance issues as state laws continue to evolve.

Looking Ahead

Ghost job legislation remains relatively new, but it reflects a growing expectation that employers provide accurate and transparent information throughout the hiring process. As states continue introducing bills addressing hiring disclosures, employers should monitor developments and review recruiting practices to ensure job postings accurately represent available opportunities.

Organizations that prioritize transparency today will be better positioned to maintain compliance, protect their employer brand and build stronger relationships with prospective employees as hiring regulations continue to evolve.

For more information on how to enhance your organization’s compliance efforts, contact MyHRConcierge at 855-538-6947, sales@myhrconcierge.com. Or, schedule a convenient consultation below.