How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
This act shall be known and may be cited as the Ghost Job Postings Prevention Act.
Establishes the short title of the act as the Ghost Job Postings Prevention Act. No compliance obligations are imposed.
The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise: "DepartmentDepartment"Department." The Department of Labor and Industry of the Commonwealth.Section 2." The Department of Labor and Industry of the Commonwealth. "EmployerEmployer"Employer." A business enterprise or person acting on behalf of the business enterprise.Section 2." A business enterprise or person acting on behalf of the business enterprise. "Hiring organizationHiring organization"Hiring organization." An employer, agent of the employer or entity with the authority to hire for the position advertised.Section 2." An employerEmployer"Employer." A business enterprise or person acting on behalf of the business enterprise.Section 2, agent of the employerEmployer"Employer." A business enterprise or person acting on behalf of the business enterprise.Section 2 or entity with the authority to hire for the position advertised. "NotificationNotification"Notification." A formal message required under this act to inform of a status change regarding a job posting directed towards applicants, applicant agents or a posting medium. A formal message under this definition shall include a notice of: (1) position closure; (2) withdrawal; (3) hire; (4) reposting; (5) data use; or (6) decision outcome.Section 2." A formal message required under this act to inform of a status change regarding a job posting directed towards applicants, applicant agents or a posting medium. A formal message under this definition shall include a notice of: (1) position closure; (2) withdrawal; (3) hire; (4) reposting; (5) data use; or (6) decision outcome. "Publicly advertisedPublicly advertised"Publicly advertised." A job posting that is made available through a job board.Section 2." A job posting that is made available through a job board.
Defines the key terms used throughout the act, including Employer, Hiring organization, Notification, and Publicly advertised. The definitions are broad: Employer covers any business enterprise or person acting on its behalf, and Hiring organization extends to agents and entities with hiring authority. Publicly advertised is limited to postings made available through a job board.
(a)(1)–(9) 1 Publicly posted job advertisements.--An employerEmployer"Employer." A business enterprise or person acting on behalf of the business enterprise.Section 2 who publicly advertises a job shall include the following in the posting: (1) A statement detailing if the job posting is for: (i) an existing vacancy; (ii) an anticipated vacancy; or (iii) a new role. (2) An estimated time frame for when the position will be filled. (3) The intended hire and start date. (4) If the position is currently fully funded. (5) The funded salary range. (6) The percentage of advertised salary based on: (i) incentives; (ii) commissions; and (iii) bonuses. (7) The number of times the position has been posted within the last year. (8) To what extent artificial intelligence will be used at any stage of the hiring process. (9) Whether the job posting has been posted on multiple job boards.
(b)(1)–(3) 2 Removal of a filled job posting.-- (1) When a publicly advertisedPublicly advertised"Publicly advertised." A job posting that is made available through a job board.Section 2 job posting has been filled, the employerEmployer"Employer." A business enterprise or person acting on behalf of the business enterprise.Section 2 or hiring organizationHiring organization"Hiring organization." An employer, agent of the employer or entity with the authority to hire for the position advertised.Section 2 must remove any posting or advertisement related to the position within two weeks of the position being filled from the hire date. (2) If the employerEmployer"Employer." A business enterprise or person acting on behalf of the business enterprise.Section 2 is or should reasonably be aware that the position is posted on a third-party job board, the employerEmployer"Employer." A business enterprise or person acting on behalf of the business enterprise.Section 2 shall notify the third-party job board that the position has been filled. (3) The third-party job board under paragraph (2) shall be responsible for removing the position if: (i) there is a notificationNotification"Notification." A formal message required under this act to inform of a status change regarding a job posting directed towards applicants, applicant agents or a posting medium. A formal message under this definition shall include a notice of: (1) position closure; (2) withdrawal; (3) hire; (4) reposting; (5) data use; or (6) decision outcome.Section 2 that the position has been filled; or (ii) the position's estimated time frame has expired.
(c)(1)–(3) 3 Post-interview requirements.--When an employerEmployer"Employer." A business enterprise or person acting on behalf of the business enterprise.Section 2 interviews an applicant for a publicly advertisedPublicly advertised"Publicly advertised." A job posting that is made available through a job board.Section 2 posting, the employerEmployer"Employer." A business enterprise or person acting on behalf of the business enterprise.Section 2, within the time frame under subsection (d), shall notify the applicant: (1) if the position has been filled or not by the estimated time frame that was provided in the publicly advertisedPublicly advertised"Publicly advertised." A job posting that is made available through a job board.Section 2 job posting; (2) whether the employerEmployer"Employer." A business enterprise or person acting on behalf of the business enterprise.Section 2 is considering the applicant for the position; and (3) the estimated time frame of when the employerEmployer"Employer." A business enterprise or person acting on behalf of the business enterprise.Section 2 will make a final hiring decision, if the applicant is still under consideration.
(d)(1)–(3) 4 Time limits.--A posting shall: (1) Not be listed for more than 90 calendar days. (2) Remain posted for at least four days. (3) Not be relisted three consecutive times for the same position within a calendar year.
This section imposes the bill's core affirmative obligations on employers who publicly advertise jobs. Subsection (a) requires nine categories of information in every public job posting, including vacancy status, salary range, timeline, reposting history, whether AI will be used in the hiring process, and cross-posting disclosure. Subsection (b) requires timely removal of filled postings — within two weeks of the hire date — and imposes a duty on employers to notify third-party job boards when a position is filled, with a corresponding removal obligation on the job board. Subsection (c) requires post-interview notifications to applicants about position status and hiring timeline. Subsection (d) sets time limits: postings may not exceed 90 calendar days, must remain posted at least four days, and may not be relisted three consecutive times for the same position within a calendar year.
(a)(1)–(5) 5 Unlawful job posting.--It shall be unlawful for a hiring organizationHiring organization"Hiring organization." An employer, agent of the employer or entity with the authority to hire for the position advertised.Section 2 to create a job posting that: (1) Includes false or misleading information. (2) Is for a job that does not exist. (3) Is posted without the knowledge or consent of the hiring organizationHiring organization"Hiring organization." An employer, agent of the employer or entity with the authority to hire for the position advertised.Section 2. (4) Is posted more than 90 days in advance of the intended hiring date. (5) Is maintained indefinitely without a specific hiring intent.
(b)(1)–(3) 6 Applicant data use.--Applicant data submitted for a job posting may not be: (1) Used for data mining. (2) Used for data selling. (3) Kept after one year from the job posting's end.
This section establishes two categories of prohibited conduct. Subsection (a) makes it unlawful for a hiring organization to post a job with false or misleading information, for a nonexistent job, without the hiring organization's knowledge or consent, more than 90 days before the intended hire date, or to maintain a posting indefinitely without specific hiring intent — collectively targeting the practices associated with ghost job postings. Subsection (b) restricts the use of applicant data collected through job postings, prohibiting data mining, data selling, and retention beyond one year from the posting's end date.
(a)(1)–(3) Fines.-- (1) An individual, hiring organizationHiring organization"Hiring organization." An employer, agent of the employer or entity with the authority to hire for the position advertised.Section 2 or entity that violates any provision of this act shall be liable for a penalty of not less than $1,000 and not more than $5,000 as assessed by the departmentDepartment"Department." The Department of Labor and Industry of the Commonwealth.Section 2. (2) Each week a job posting is in violation of this act shall constitute a separate and distinct violation unless the employerEmployer"Employer." A business enterprise or person acting on behalf of the business enterprise.Section 2 is appealing the penalty. (3) The departmentDepartment"Department." The Department of Labor and Industry of the Commonwealth.Section 2 may bring an action seeking civil penalties of up to $25,000 per applicant affected and seek additional remedies as the court deems appropriate if the employerEmployer"Employer." A business enterprise or person acting on behalf of the business enterprise.Section 2 engages in: (i) data mining; or (ii) data selling.
(b) .
Establishes the penalty structure enforced by the Department of Labor and Industry. Base penalties range from $1,000 to $5,000 per violation, with each week a posting remains in violation constituting a separate violation (unless the employer is appealing). Enhanced penalties of up to $25,000 per affected applicant apply when the employer engages in data mining or data selling, and the Department may seek additional court-ordered remedies in those cases.
(1)–(2) This act shall: (1) Apply to an individual, hiring organizationHiring organization"Hiring organization." An employer, agent of the employer or entity with the authority to hire for the position advertised.Section 2 or entity within this Commonwealth that: (i) publishes, transmits or causes to be published a job posting viewable by residents of this Commonwealth; (ii) collects applicant data in relation to postings under subparagraph (i); (iii) employs or seeks to employ workers within this Commonwealth; (iv) participates in the design, approval or administration of job postings on behalf of a hiring organizationHiring organization"Hiring organization." An employer, agent of the employer or entity with the authority to hire for the position advertised.Section 2; or (v) hires for jobs. (2) Not apply to an employerEmployer"Employer." A business enterprise or person acting on behalf of the business enterprise.Section 2 with fewer than 50 employees.
Defines the geographic and entity scope of the act. The act applies to any individual, hiring organization, or entity within the Commonwealth that publishes job postings viewable by Pennsylvania residents, collects applicant data, employs or seeks to employ workers within the Commonwealth, participates in designing or administering job postings, or hires for jobs. A small-employer exemption excludes employers with fewer than 50 employees.
This act shall take effect in 60 days.
The act takes effect 60 days after enactment.