Legislature Approves Two Bills Governing Employment Recruiting and Separation
The New York Legislature has ratified two employment law measures, one regarding a worker’s right to severance and the other addressing so-called “ghost job” postings. Both bill await signature by Governor Kathy Hochul.
The Job Advertisement Disclosure Law
It has become somewhat common practice for many employers to advertise general postings, often unrelated to any actual current needs. The proposed law would require employers or third-party job posting businesses or entities to include one of the following qualifications with each job posting (to be in bold text and all caps):
- This posting is for a current vacancy and the employer intends to fill this position by (insert date)
- This posting is for a current vacancy and the employer intends to fill this position no sooner than (insert date)
- This posting is not for a current vacancy but the employer is seeking resumes to review in the future when jobs become available
The law also requires employers to remove a filled position posting within two weeks of hire.
The “No Severance Ultimatums” Act
It has also become common practice for employers to include provisions in a severance agreement that significant limit the employee’s rights to make claims against the employer. The bill proposed by the New York Legislature would immediately modify New York Labor Law by mandating minimum review and revocation periods for all severance agreements:
- All employee who are parties to a severance agreement would have the right to consult an attorney regarding the agreement
- A minimum 21 day consideration period will apply to all severance agreements
- The employee will have 7 days to revoke the severance agreement
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