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Ghost Job Laws and Expired Job Postings

No ghosts. Only open jobs.

Ontario's rule is in force. New York's bill passed both houses. Google and Indeed already act on stale postings. Here's what each asks, and how we keep every ad on an open job.

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Last reviewed November 2026 against official pages. Not legal advice; your counsel decides.

Short answer

Checked November 8, 2026.

In forceOntario, since Jan 1, 2026: employers with 25 or more employees must say if a public posting is for an existing vacancy.1 No US state law yet.2

PendingNew York's bill passed both houses in June 2026 but isn't signed.3 New Jersey's is in committee.4

Do thisClose the posting, the feed and every paid ad the same day. Google and Indeed already act on stale postings.56

What a ghost job is

Ghost jobs: postings with no open seat.

A ghost job is a posting for a role the employer isn't actively filling. It may be filled, on hold or cut, or it was never one open seat. Ghost job laws make postings say which, and make filled ones come down.

Five ways ghost jobs happen.

Evergreen postingsAlways on

An "always hiring" post stays up with no open seat today.

Slow close-outsClosed · still up

The role is filled, but nobody has closed it in the ATS.

Copies you don't controlCopied

Job boards and aggregators can keep their copy after you close yours.

Refresh repostsReposted

An old role is reposted so it looks new and rises in search results.

Ads that outlive the jobJob closed · ad live

A paid ad runs until someone pauses it or its budget runs out. This one costs money every day. More in section 05.

Most are process gaps, not plans to mislead. But the bills judge what a posting says and how long it stays up, not why.

In force · Ontario, Canada

Ghost job laws in force: Ontario's existing-vacancy rule.

Ontario's rule has applied since January 1, 2026. It sits in the province's Employment Standards Act (ESA) and a new regulation, O. Reg. 476/24.7 The province's guide sets it out.1

OntarioESA, O. Reg. 476/24In force since Jan 1, 2026

Who it covers

Employers with 25 or more employees on the day the posting goes up. Count people, not full-time equivalents. Part-time and casual staff each count as one, at every Ontario location.

What counts

An external posting that you, or someone acting for you, "advertises to the general public in any manner." General recruitment campaigns and help-wanted signs that name no specific job don't count. Neither do internal-only postings or jobs done outside Ontario.

The rule

The posting must state "whether the posting is for an existing vacancy or not." Ontario means a position that is "imminently available" for a qualified person. The rule doesn't make you fill it.

Job boards

If the job runs on a third-party site, "the employer is responsible for ensuring the requirements are followed."

Records

Keep each posting, every version and any application form for 3 years after it comes down.

Four more posting rules started the same day.

  • Show the expected pay or a pay range. A range can be no wider than $50,000 a year. The rule doesn't apply above $200,000 a year.
  • Say if you use artificial intelligence (AI) to screen, assess or select applicants.
  • Don't ask for Canadian experience, in the posting or the application form.
  • Tell each interviewed applicant whether a hiring decision has been made, within 45 days after their last interview.7

Pending

Pending ghost job bills: New York, New Jersey and more.

In the US, some ghost job bills are still moving and two have died. Here's where each one stood when we checked.

Where and what
Status, Nov 8, 2026
Who it covers
Main rule
Ontario ESA, O. Reg. 476/24
StatusIn forceSince Jan 1, 2026
Who it coversEmployers with 25 or more employees
Main ruleSay whether a public posting is for an existing vacancy.1
New York S8877 / A6292A
StatusPassed, not signedPassed both houses Jun 2, 2026. No delivery to the governor shown.
Who it coversEmployers with 100 or more employees, and job sites
Main ruleOne of three bold, all-caps statements: fill-by date, no-sooner-than date, or no current vacancy. Filled postings and ads down within two weeks.3
New Jersey S2136 / A1161
StatusIn committeeSenate Budget and Appropriations, since May 11, 2026
Who it coversEmployers with more than 10 employees, and job sites
Main ruleSay if there's an existing vacancy and when it will be filled.4
New York S9208 / A9401
StatusIn committeeSenate Labor, since Feb 13, 2026
Who it coversEmployers and third-party job sites
Main ruleRemove inactive postings within 14 days. Tell job sites within 7 days.8
Pennsylvania HB 2321
StatusIn committeeHouse Labor and Industry, since Mar 26, 2026
Who it coversEmployers with 50 or more employees
Main ruleSay if a job is existing, anticipated or new. List for 90 days at most.9
Kentucky HB 342
StatusDiedIn House committee when the session ended Apr 15, 2026
Who it coversEmployers
Main ruleBan ghost job postings. Say if a posting is for a vacancy now or within 60 days.10
California AB 1251
StatusDiedCut to intent language Jun 26, 2025. Last day to pass, Aug 31, 2026, has passed.
Who it coversNo one in its final text. An earlier draft covered private employers.
Main ruleFinal text only states intent to act on ghost jobs. An earlier draft required an existing-vacancy statement.11

Status read on each legislature's site on November 8, 2026 (California via CalMatters Digital Democracy). Re-check a row before you rely on it.

Is there a NY ghost job law yet? S8877 in plain English.

Not yet. The Senate passed S8877 on April 28, 2026, and the Assembly on June 2. On November 8, the Senate's page showed no delivery to the governor. If signed, it "shall take effect immediately."3

It would cover employers with at least 100 employees, plus job sites. Every printed or digital job ad would carry one of three statements, "in capital letters and bold type":

How each ad would readFrom the bill text · S8877

  • Fill within 90 days

    THIS POSTING IS FOR A CURRENT VACANCY AND THE EMPLOYER INTENDS TO FILL THIS POSITION BY (DATE).

  • Fill in over 90 days

    THIS POSTING IS FOR A CURRENT VACANCY AND THE EMPLOYER INTENDS TO FILL THIS POSITION NO SOONER THAN (DATE).

  • No current opening

    THIS POSTING IS NOT FOR A CURRENT VACANCY BUT THE EMPLOYER IS SEEKING RESUMES TO REVIEW IN THE FUTURE WHEN JOBS BECOME AVAILABLE.

Once a job is filled, the employer would have two weeks to remove "any posting or advertisement" it made. If it knows, or should know, that a job site posted the job on its own, it must tell that site.3

One stale job in four places could mean four fines.

Fines would start at $2,500 "for each print publication or digital platform the advertisement appears in." Unfixed after 30 days, it's $5,000, then it doubles every 30 days.3

New Jersey's ghost job bill (S2136).

The Senate Labor Committee amended it on May 11, 2026.4 As amended, it would:

  • Cover employers in the state with more than 10 employees, and third-party job sites.
  • Make each posting say whether it's for an existing vacancy, with an estimate of when it will be filled.
  • Allow "anticipated vacancy" postings only after 3 or more listings of the same job, or 4 or more similar roles filled, in 18 months. They expire after 120 days.
  • Remove filled postings and ads two weeks after the new employee starts, or 30 days after posting if later.
  • Give a warning and seven business days to fix it. Then fines of up to $300, then $600, counted per job, not per site.

It would take effect on the first day of the 13th month after it becomes law.4

No federal law yet. One investigation.

There's no federal ghost job law; an advocacy group is calling for one.2

Some regulators aren't waiting. In July 2026, Texas's attorney general began investigating whether LinkedIn misled paying users by promoting "ghost jobs." It's an investigation, not a ruling.12

Not legal advice

These summaries come from bill text and official pages. Your counsel decides how they apply to you.

Platforms

What Google and Indeed already require for expired job postings.

You don't need to wait for a law. Google and Indeed already set rules for stale jobs.

How to remove expired job postings from Google.

Google's job search policy is direct: "We don't allow expired job postings." Jobs no longer open for applications "must be expired" in one of three ways.5

  1. Option 1

    Set validThrough in the past.

    "validThrough": "2026-11-01"

    Keep the page, but change the end date in its JobPosting markup to a date that has passed.

  2. Option 2

    Remove the page.

    HTTP 404 · or · 410 Gone

    Requesting the job's URL should return a 404 or 410 status code.

  3. Option 3

    Remove the markup.

    "@type": "JobPosting"

    Take the JobPosting structured data off the page.

Then tell Google. For job posting URLs, Google recommends its Indexing API over sitemaps. And act quickly: "Failure to take timely action on expired jobs may result in a manual action."5

No end date? Google says to leave validThrough out, and to remove the posting if the job fills.5 Our free job posting schema generator adds validThrough and flags a date that has passed. The full setup is in how to post jobs on Google.

Indeed: limits on refresh reposts and duplicates.

In June 2026, ERE reported this statement from Indeed: "We will limit 'refresh' reposts or duplicate listings intended to make old roles look new."6 Its help center spells out the rules:13

  • "Each job should appear only once on the platform."
  • "Update an existing job post instead of creating a new one."
  • "Only repost if the role has closed and later reopens."
  • After repeated issues, "you may lose access to free or organic job visibility."

Indeed's own summary is plain: "Post only real, open jobs and update them as needed."13

Paid ads

Ads on closed jobs.

Closing a job in your ATS takes the posting down. It doesn't pause the ad.

A paid search or social ad points at a URL, and it keeps running until someone stops it. A job board's sponsored copy ends only when its feed or integration syncs.

Ad platforms catch broken pages, not closed jobs.

Google Ads disapproves ads whose destination doesn't work, including pages that "return an HTTP error code."14 But if a closed job's page stays up with a "no longer available" message, it still loads. To the ad platform it works, so the ad keeps spending.

The job closed. The page still loads. So the ad keeps spending.

Hypothetical

A search ad has a $40 daily budget. It runs for 10 days after its job closes. That's about $400 spent sending people to a closed page.

The cost to job seekers.

Each of those clicks is a job seeker who hit a dead end under your name. Copies have the same gap: a job board's copy can outlive yours. That's why the New York and New Jersey bills make employers tell third-party sites.34

How we run it

Job closed. Ad paused.

We run ads only on open jobs. Every ad is checked against your open jobs, before launch and while it runs. Job reposted? The link follows. You watch it live.

Evergreen postings

Evergreen and pipeline postings: label them plainly.

Some roles really are open all year: high-turnover hourly roles, seasonal peaks, a talent pool for a new site. Keep those postings, but say what they are.

  • Ontario: if there's no existing vacancy, the posting must say so.1
  • New York, if signed: use the "NOT FOR A CURRENT VACANCY" statement shown above.3
  • New Jersey, if passed: anticipated-vacancy postings would need a hiring history and would expire after 120 days.4
  • Google: "Publishers may solicit resume collections for open positions only."5 So keep JobPosting markup for real openings.
  • Indeed: keep one post per job and update it. Don't repost it to look new.13

Wording you can adapt.

Each line answers the question Ontario asks: is there an existing vacancy, yes or no?

Open role

This posting is for an existing vacancy. We plan to fill it by [date].

Ongoing hiring

This posting is for existing vacancies at [location]. We hire for this role all year and update this posting when openings change.

Talent pool

There is no existing vacancy. We're collecting resumes for future openings at [location].

Copy the wording

Then run the ad through our free job ad checker.

Template, not legal text

If New York's bill becomes law, covered employers would use its exact statements instead. Ask your counsel first.

Checklist

The close-out checklist: posting, feed and ads close together.

Run it the day a job is filled or put on hold. Paste it into your ATS close-out task.

  • Posting down. The job page returns a 404 or 410, shows a past validThrough, or has no JobPosting markup.
  • Google told. Request removal through the Indexing API, or update the job's lastmod date in your sitemap.
  • Feeds updated. The job is gone from every XML feed and job-board integration you send.
  • Paid ads paused. Search, social, programmatic and sponsored job-board ads for this job, the same day.
  • Copies flagged. Ask job boards that copied the job to take it down. Note who and when.
  • Reposts linked. If the job reopens under a new URL, point every ad, link and QR code at the new listing.
  • Print retired. Flyers, posters and QR codes for the job come down.
  • Records kept. Save a copy of the posting and its dates. Ontario requires copies for 3 years.
  • Evergreen posts labeled. Every always-open posting says plainly whether there's an existing vacancy.
Copy the checklist

Running a hiring event? Retire its flyers and QR codes the same way. See how to advertise a hiring event.

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Ask us anything

  • As of our November 8, 2026 check, we found no US state ghost job law in force. Ontario requires employers with 25 or more employees to say whether a public posting is for an existing vacancy. New York's bill passed in June 2026 but isn't signed. A misleading posting can still raise other legal issues. Ask your counsel.

  • It's S8877. It would cover employers with at least 100 employees, and job sites. Ads would state, in bold capitals, when the job will be filled, or that it isn't a current vacancy. Filled postings and ads would come down within two weeks. Fines start at $2,500 per publication or platform. It passed both houses on June 2, 2026, and wasn't signed as of November 8, 2026.

  • Yes, if the job page uses JobPosting markup. Google says it doesn't allow expired job postings. Set validThrough to a past date, make the URL return a 404 or 410, or remove the markup. Google warns that not acting in time may lead to a manual action.

  • The same day the posting comes down. New York's bill would allow two weeks after a job is filled, and it covers "any posting or advertisement." New Jersey's bill uses two weeks or 30 days from first posting, whichever is later. But an ad on a closed job spends money every day it runs.

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Sources

Last reviewed November 2026. Not legal advice; your counsel decides.

Bill status read on the New York, New Jersey, Kentucky and Pennsylvania legislature sites, and for California on CalMatters Digital Democracy, on November 8, 2026. Next review by December 31, 2026, when New York's and Pennsylvania's 2025-2026 sessions end, then every 90 days.

  1. 1Government of Ontario, Your guide to the Employment Standards Act, "Requirements related to publicly advertised job postings", updated Feb 24, 2026, read Nov 8, 2026. ontario.ca
  2. 2Foley & Lardner, Jessica Glatzer Mason and Angelique K. Howard, "How To Improve Hiring Transparency Amid Ghost Job Scrutiny", Sept 25, 2026. foley.com
  3. 3New York State Senate, Bill S8877 (2025-2026 session), status page and bill text; Assembly companion A6292A. Read Nov 8, 2026. nysenate.gov
  4. 4New Jersey Legislature, S2136 [First Reprint], as reported by the Senate Labor Committee with amendments, May 11, 2026, and the bill history for S2136 and A1161. Read Nov 8, 2026. njleg.state.nj.us
  5. 5Google Search Central, "Job posting (JobPosting) structured data": "Remove a job posting", "Expired job postings" and "Resume collection". Read Nov 8, 2026. developers.google.com
  6. 6ERE, David Manaster, "Indeed Is Cutting Visibility for Free Job Postings", June 9, 2026, quoting Indeed. ere.net
  7. 7Government of Ontario, Your guide to the Employment Standards Act, "Recent changes" (publicly advertised job postings, effective Jan 1, 2026; O. Reg. 476/24), updated Feb 5, 2026, read Nov 8, 2026. ontario.ca
  8. 8New York State Senate, Bill S9208 (2025-2026 session); Assembly companion A9401. Read Nov 8, 2026. nysenate.gov
  9. 9Pennsylvania General Assembly, House Bill 2321 (2025-2026 session), the Ghost Job Postings Prevention Act, Printer's No. 3096: bill page and bill text. Read Nov 8, 2026. palegis.us
  10. 10Kentucky General Assembly, 2026 Regular Session, House Bill 342, "An Act relating to employment advertising": bill record, bill text and session record ("Adjourned Wednesday, April 15, 2026, Sine Die"). Read Nov 8, 2026. legislature.ky.gov
  11. 11CalMatters Digital Democracy, AB 1251 "Job postings" (2025-2026 session), bill history and text, read Nov 8, 2026: passed the Assembly June 2, 2025; amended in the Senate June 26, 2025 to a statement of intent only; held in Senate Appropriations Aug 29, 2025. California Constitution, art. IV, sec. 10(c): "No bill may be passed by either house on or after September 1 of an even-numbered year," with narrow exceptions such as urgency statutes. Read Nov 8, 2026, in the Assembly Clerk's printing. digitaldemocracy.org · clerk.assembly.ca.gov
  12. 12Office of the Texas Attorney General, press release on the LinkedIn investigation and civil investigative demand, July 14, 2026. texasattorneygeneral.gov
  13. 13Indeed Help Center, "Job Posting Integrity and Duplicates", read Nov 8, 2026. indeed.com
  14. 14Google Ads Help, Advertising Policies, "Destination requirements" (destination not working), read Nov 8, 2026. support.google.com