New York 2025-2026 Regular Session

New York Assembly Bill A09398

Introduced
12/19/25  
Refer
12/19/25  

Caption

Requires employers publicly advertising a job posting to include in the posting a statement disclosing whether such posting is for an existing vacancy or not; authorizes the commissioner of labor to issue an order to employers in violation of such requirement to pay a fine, cease and desist from such violation, or both.

Impact

The enactment of A09398 will have significant implications for state labor laws. By requiring transparency in job postings, this bill hopes to address instances where advertised positions are not genuine openings, thus misleading job seekers. The legislation empowers the commissioner of labor to enforce this requirement through administrative actions, including fines and cease and desist orders, thereby enhancing the overall accountability of employers in the state's labor market. This shift aims to improve the experience for job seekers by providing clearer insights into available employment opportunities.

Summary

Bill A09398 is a legislative measure introduced in the New York Assembly aimed at promoting transparency in job advertisements. The bill mandates that employers who publicly advertise positions must clarify whether those postings are for existing job vacancies. This requirement is intended to enhance the clarity of job postings and ensure potential applicants have accurate information regarding employment opportunities. The language of the bill emphasizes that the disclosure must be clear and conspicuous, which reflects a growing concern over misleading job advertisements in the current labor market.

Contention

Although the bill is generally viewed as a positive step towards improving job market transparency, some may argue about the practical implementation of such requirements. Concerns might arise regarding the administrative burden placed on employers and the potential for increased regulation in the hiring process. Critics may argue that the necessity of informing candidates about job vacancies might lead to unnecessary complications for small businesses or industries with high turnover rates. Nonetheless, proponents assert that the potential benefits of a more informed job market outweigh these concerns.

Companion Bills

NY S09209

Same As Requires employers publicly advertising a job posting to include in the posting a statement disclosing whether such posting is for an existing vacancy or not; authorizes the commissioner of labor to issue an order to employers in violation of such requirement to pay a fine, cease and desist from such violation, or both.

Previously Filed As

NY S09209

Requires employers publicly advertising a job posting to include in the posting a statement disclosing whether such posting is for an existing vacancy or not; authorizes the commissioner of labor to issue an order to employers in violation of such requirement to pay a fine, cease and desist from such violation, or both.

NY A09401

Requires employers and third-party websites, job boards, and recruitment platforms to remove inactive job postings within a certain timeframe; authorizes the commissioner of labor to promulgate rules and regulations regarding such posting requirements and violations thereof.

NY S09208

Requires employers and third-party websites, job boards, and recruitment platforms to remove inactive job postings within a certain timeframe; authorizes the commissioner of labor to promulgate rules and regulations regarding such posting requirements and violations thereof.

NY S2136

Requires employers to include in job posting whether posting is for existing position and sets additional job posting requirements.

NY A1161

Requires employers to include in job posting whether posting is for existing position and sets additional job posting requirements.

NY S08877

Requires certain mandatory disclosures for printed or digital job advertisements by an employer or third-party job posting entity; provides for the imposition of a fine of $2,500 for violations.

NY A06292

Requires certain mandatory disclosures for printed or digital job advertisements by an employer or third-party job posting entity; provides for the imposition of a fine of $2,500 for violations.

NY LD941

An Act Requiring Employers to Disclose Wage Ranges in Job Postings

NY HF1484

Employers required to disclose in job postings whether employee health plan options comply with cost-sharing limits.

NY S2681

Requires certain salary, compensation and benefit information to be included in certain job postings.

Similar Bills

No similar bills found.