A new bill introduced in the California State Assembly—AB 1251—seeks to curb the growing trend of “ghost” job postings, where employers advertise positions that are not currently open or intended to be filled. If enacted, the bill would require employers to clearly disclose in job advertisements whether a listed position represents an actual, current vacancy. Failure to make this disclosure could constitute a violation of California’s unfair competition law, subject to enforcement by the California Privacy Protection Agency (“CPPA”), including administrative fines and cease-and-desist orders.
While posting job ads without immediate hiring intent may serve legitimate business purposes—such as building a talent pipeline, conducting market research, or meeting internal compliance obligations—the practice has drawn increasing scrutiny. Lawmakers and regulators have expressed concerns that ghost postings mislead applicants, contribute to applicant fatigue and frustration, result in unnecessary collection of personal data, and distort labor market indicators used by policymakers. According to a 2024 survey by Resume Builder, nearly 40% of employers acknowledged posting at least one ghost job listing in the prior year.
AB 1251, introduced on February 21 and referred to the Assembly Committee on Labor and Employment on March 25, continues to move through the legislative process. The most recent amendments expand the bill’s enforcement mechanisms and clarify its disclosure requirements, signaling serious legislative intent. While it remains to be seen whether the CPPA—rather than agencies traditionally responsible for employment law enforcement—will remain the designated enforcer, the bill’s momentum suggests employers should begin reviewing their recruitment practices. In anticipation of potential legal changes, California employers are advised to audit current hiring procedures, ensure job postings accurately reflect current needs, and train HR and recruitment teams on the importance of transparency in job advertising.
If you have any questions regarding staying compliant with California’s everchanging employment laws, please contact us at info@mnklawyers.com.
