California 2025 2025-2026 Regular Session

California Assembly Bill AB1251 Amended / Bill

Filed 03/24/2025

                    Amended IN  Assembly  March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1251Introduced by Assembly Member BermanFebruary 21, 2025An act to add Title 2.92 (commencing with Section 1812.560) to Part 4 of Division 3 of the Civil Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 1251, as amended, Berman. Ghost job Job postings.Existing law establishes the Division of Labor Standards Enforcement, under the direction of the Labor Commissioner, within the Department of Industrial Relations to enforce various labor laws. Existing law requires certain employers to disclose certain salary information in job postings.This bill would express the intent of the Legislature to enact legislation addressing ghost job postings. require a private employer who publicly advertises a job posting to include in the posting a statement disclosing whether the posting is for an existing vacancy or not. The bill would make a violation of those provisions unfair competition, and would grant to the California Privacy Protection Agency the authority to enforce those provisions and to issue an order to pay an unspecified administrative fine or to cease and desist from violating the bills provisions.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Title 2.92 (commencing with Section 1812.560) is added to Part 4 of Division 3 of the Civil Code, to read:TITLE 2.92. Job Postings1812.560. (a) Every private employer who publicly advertises a job posting shall include in the posting a statement disclosing whether the posting is for an existing vacancy or not. The statement shall be clear, conspicuous, and written in a legible font.(b) Any violation of this section constitutes unfair competition, which includes unfair, deceptive, untrue, or misleading advertising under Section 17200 of the Business and Professions Code.(c) The California Privacy Protection Agency shall have authority to enforce this section. When the agency determines that any person is violating or has violated this section, the agency may issue an order to that person to pay an administrative fine, to cease and desist from violating the section, or both.SECTION 1.It is the intent of the Legislature to enact legislation addressing ghost job postings.

 Amended IN  Assembly  March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1251Introduced by Assembly Member BermanFebruary 21, 2025An act to add Title 2.92 (commencing with Section 1812.560) to Part 4 of Division 3 of the Civil Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 1251, as amended, Berman. Ghost job Job postings.Existing law establishes the Division of Labor Standards Enforcement, under the direction of the Labor Commissioner, within the Department of Industrial Relations to enforce various labor laws. Existing law requires certain employers to disclose certain salary information in job postings.This bill would express the intent of the Legislature to enact legislation addressing ghost job postings. require a private employer who publicly advertises a job posting to include in the posting a statement disclosing whether the posting is for an existing vacancy or not. The bill would make a violation of those provisions unfair competition, and would grant to the California Privacy Protection Agency the authority to enforce those provisions and to issue an order to pay an unspecified administrative fine or to cease and desist from violating the bills provisions.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO 

 Amended IN  Assembly  March 24, 2025

Amended IN  Assembly  March 24, 2025

 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION

 Assembly Bill 

No. 1251

Introduced by Assembly Member BermanFebruary 21, 2025

Introduced by Assembly Member Berman
February 21, 2025

An act to add Title 2.92 (commencing with Section 1812.560) to Part 4 of Division 3 of the Civil Code, relating to employment. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1251, as amended, Berman. Ghost job Job postings.

Existing law establishes the Division of Labor Standards Enforcement, under the direction of the Labor Commissioner, within the Department of Industrial Relations to enforce various labor laws. Existing law requires certain employers to disclose certain salary information in job postings.This bill would express the intent of the Legislature to enact legislation addressing ghost job postings. require a private employer who publicly advertises a job posting to include in the posting a statement disclosing whether the posting is for an existing vacancy or not. The bill would make a violation of those provisions unfair competition, and would grant to the California Privacy Protection Agency the authority to enforce those provisions and to issue an order to pay an unspecified administrative fine or to cease and desist from violating the bills provisions.

Existing law establishes the Division of Labor Standards Enforcement, under the direction of the Labor Commissioner, within the Department of Industrial Relations to enforce various labor laws. Existing law requires certain employers to disclose certain salary information in job postings.

This bill would express the intent of the Legislature to enact legislation addressing ghost job postings. require a private employer who publicly advertises a job posting to include in the posting a statement disclosing whether the posting is for an existing vacancy or not. The bill would make a violation of those provisions unfair competition, and would grant to the California Privacy Protection Agency the authority to enforce those provisions and to issue an order to pay an unspecified administrative fine or to cease and desist from violating the bills provisions.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Title 2.92 (commencing with Section 1812.560) is added to Part 4 of Division 3 of the Civil Code, to read:TITLE 2.92. Job Postings1812.560. (a) Every private employer who publicly advertises a job posting shall include in the posting a statement disclosing whether the posting is for an existing vacancy or not. The statement shall be clear, conspicuous, and written in a legible font.(b) Any violation of this section constitutes unfair competition, which includes unfair, deceptive, untrue, or misleading advertising under Section 17200 of the Business and Professions Code.(c) The California Privacy Protection Agency shall have authority to enforce this section. When the agency determines that any person is violating or has violated this section, the agency may issue an order to that person to pay an administrative fine, to cease and desist from violating the section, or both.SECTION 1.It is the intent of the Legislature to enact legislation addressing ghost job postings.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Title 2.92 (commencing with Section 1812.560) is added to Part 4 of Division 3 of the Civil Code, to read:TITLE 2.92. Job Postings1812.560. (a) Every private employer who publicly advertises a job posting shall include in the posting a statement disclosing whether the posting is for an existing vacancy or not. The statement shall be clear, conspicuous, and written in a legible font.(b) Any violation of this section constitutes unfair competition, which includes unfair, deceptive, untrue, or misleading advertising under Section 17200 of the Business and Professions Code.(c) The California Privacy Protection Agency shall have authority to enforce this section. When the agency determines that any person is violating or has violated this section, the agency may issue an order to that person to pay an administrative fine, to cease and desist from violating the section, or both.

SECTION 1. Title 2.92 (commencing with Section 1812.560) is added to Part 4 of Division 3 of the Civil Code, to read:

### SECTION 1.

TITLE 2.92. Job Postings1812.560. (a) Every private employer who publicly advertises a job posting shall include in the posting a statement disclosing whether the posting is for an existing vacancy or not. The statement shall be clear, conspicuous, and written in a legible font.(b) Any violation of this section constitutes unfair competition, which includes unfair, deceptive, untrue, or misleading advertising under Section 17200 of the Business and Professions Code.(c) The California Privacy Protection Agency shall have authority to enforce this section. When the agency determines that any person is violating or has violated this section, the agency may issue an order to that person to pay an administrative fine, to cease and desist from violating the section, or both.

TITLE 2.92. Job Postings1812.560. (a) Every private employer who publicly advertises a job posting shall include in the posting a statement disclosing whether the posting is for an existing vacancy or not. The statement shall be clear, conspicuous, and written in a legible font.(b) Any violation of this section constitutes unfair competition, which includes unfair, deceptive, untrue, or misleading advertising under Section 17200 of the Business and Professions Code.(c) The California Privacy Protection Agency shall have authority to enforce this section. When the agency determines that any person is violating or has violated this section, the agency may issue an order to that person to pay an administrative fine, to cease and desist from violating the section, or both.

TITLE 2.92. Job Postings

TITLE 2.92. Job Postings

1812.560. (a) Every private employer who publicly advertises a job posting shall include in the posting a statement disclosing whether the posting is for an existing vacancy or not. The statement shall be clear, conspicuous, and written in a legible font.(b) Any violation of this section constitutes unfair competition, which includes unfair, deceptive, untrue, or misleading advertising under Section 17200 of the Business and Professions Code.(c) The California Privacy Protection Agency shall have authority to enforce this section. When the agency determines that any person is violating or has violated this section, the agency may issue an order to that person to pay an administrative fine, to cease and desist from violating the section, or both.



1812.560. (a) Every private employer who publicly advertises a job posting shall include in the posting a statement disclosing whether the posting is for an existing vacancy or not. The statement shall be clear, conspicuous, and written in a legible font.

(b) Any violation of this section constitutes unfair competition, which includes unfair, deceptive, untrue, or misleading advertising under Section 17200 of the Business and Professions Code.

(c) The California Privacy Protection Agency shall have authority to enforce this section. When the agency determines that any person is violating or has violated this section, the agency may issue an order to that person to pay an administrative fine, to cease and desist from violating the section, or both.



It is the intent of the Legislature to enact legislation addressing ghost job postings.