Proposal to Ban Ghost Jobs

This is explictly restricting speech (restricting the right to advertise for labor) and would have to meet a high first amendment bar in the US.

Pay transparency law supporters have argued successfully that there is a compelling interest in closing gender and racial wage gaps and that salary range information can be mandated in job listings for that purpose. What's the compelling interest in this case that allows the government to control speech?

advertising for jobs that aren't actually available is fraud or deception?

If you advertise a job and fail to find a qualified candidate, and then don't fill that role, is that fraud? If you advertise for talent constantly, interview regularly, and hire rarely (but hire), is that fraud? If you have a single role to fill and advertise it multiple times in multiple states as multiple listings because that's how job posting forums work, is that fraud?

if you fail to find a candidate then you will easily be able to demonstrate that the candidate suing you for violating the law was not qualified and therefore has no reason to sue.

if you hire rarely, same thing, if you can demonstrate that it takes a long time to find the right candidate. or, you could be requested to pause posts.

to handle a possible confusion about multiple listings, each job could have some kind of ID, in any case you wouldn't have multiple job posts in the same listing.