Requires employers to include in job posting whether posting is for existing position and sets additional job posting requirements.
What changed between versions
Civil penalties were drastically reduced. First offense penalty changed from a range of $1,000 to $5,000 down to a flat $300. Subsequent offense penalty is now a flat $600 (previously the same $1,000-$5,000 range applied).
Third-party job posting companies are now explicitly named as covered entities throughout the bill (previously referred to as 'third-party job posting entity' and only addressed in limited provisions). Enforcement is now limited to employers and third-party job posting companies rather than 'any person.'
The requirement to provide applicants with an affirmative response about whether a position is filled now only applies to interviews conducted for existing job vacancies, not anticipated vacancy postings.
New requirement: if a posting is NOT for an existing vacancy, the employer must include a disclaimer that applications are being accepted for an anticipated vacancy. This is only permitted if the employer has listed the same position at least 3 times or hired at least 4 employees for similar roles within the preceding 18 months. The posting expires after 120 days.
New requirement: seasonal job postings must include a statement disclosing the anticipated employment season or period and a disclaimer that the position is seasonal in nature.
The obligation to notify third-party job posting companies that a position has been filled was softened from 'shall notify' to 'shall make reasonable efforts to notify,' with permission to use publicly available contact information or an existing business relationship.
The deadline to remove filled job postings was extended from 'within two weeks of the position having been filled' to 'within two weeks of the position having been filled OR within 30 days of the original posting, whichever is later.' This gives employers more time for short-lived postings.
New definition added: a position is 'filled' on the first day a selected candidate begins performing job duties under the terms of employment.
New definition added for 'interview': a formal or informal meeting with the intention of assessing qualifications, explicitly excluding preliminary HR screenings to verify basic qualifications or interest in the position.
