Last updated: April 9, 2026
Ghost Job Laws: Where Are Ghost Jobs Being Regulated?
Ghost jobs — positions posted with no intent to fill — are facing increasing regulatory scrutiny. For the first time, governments are requiring employers to prove their job listings are genuine. Here is where the legislation stands.
Active Laws
Ontario, Canada
Working for Workers Five Act (Bill 190)
Key Requirements
Employers must disclose whether a position is real and being actively filled. Publicly posted jobs must represent genuine vacancies with an intent to hire.
Penalties
Fines for non-compliance. The Ontario Ministry of Labour oversees enforcement.
Pending Legislation
California
AB 1251
Key Requirements
Would require employers to disclose whether positions are actively being filled at the time of posting. Applies to all publicly listed job openings.
Penalties
Under committee review. Penalty structure not yet finalized.
New Jersey
A1161
Key Requirements
Would mandate salary disclosure and confirmation that the employer is actively hiring for each posted position. Passed labor committee.
Penalties
Civil penalties for employers who post misleading job listings.
Kentucky
Job Posting Transparency Act
Key Requirements
Would require transparency in job postings, including confirmation that the position is funded and the employer intends to fill it within a reasonable timeframe.
Penalties
Penalty structure under discussion.
Federal (United States)
Transparent Job Advertising Accountability Act (TJAAA)
Key Requirements
Would create national standards for job posting transparency. Employers would be required to confirm positions are genuine, funded, and actively being recruited for.
Penalties
Federal enforcement through the Department of Labor. Fines and potential debarment from federal contracts for repeat offenders.
Legislation Overview
| Jurisdiction | Bill | Status | Effective |
|---|---|---|---|
| Ontario, Canada | Working for Workers Five Act (Bill 190) | Active | January 1, 2026 |
| California | AB 1251 | Pending | TBD |
| New Jersey | A1161 | Pending | TBD |
| Kentucky | Job Posting Transparency Act | Proposed | TBD |
| Federal (United States) | Transparent Job Advertising Accountability Act (TJAAA) | Proposed | TBD |
What This Means for Job Seekers
The emergence of anti-ghost-job legislation is a significant shift in favor of job seekers. For the first time, regulators are acknowledging that fake job postings cause real harm — wasted time, emotional toll, and financial costs from applications, interview preparation, and even relocation decisions based on jobs that were never real.
Even in jurisdictions where laws have not yet passed, the growing legislative momentum means employers are under increasing pressure to clean up their job boards. You can protect yourself today by using tools like the SoviaJobs Ghost Job Checker to identify potential ghost jobs before investing time in an application.
What This Means for Employers
Employers should prepare for a regulatory environment that increasingly demands transparency in hiring. Best practices include: regularly auditing open positions and removing filled or inactive listings, including salary ranges and clear requirements, assigning a hiring manager to each posting, and setting internal deadlines for reviewing and closing job listings.
Companies that proactively maintain transparent hiring practices will benefit from stronger employer branding, better candidate quality, and reduced legal risk. The SoviaJobs Ghost Job Index publicly tracks company transparency scores — a high score signals trustworthy hiring practices to potential candidates.
Frequently Asked Questions
Are ghost jobs illegal?
Which states have anti-ghost job laws?
Can I sue a company for posting a ghost job?
How do ghost job laws protect job seekers?
Do not wait for the law to catch up
Protect yourself today. Install the free SoviaJobs Chrome extension and check any job posting's Ghost Score before you apply.
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