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446 points Teever | 2 comments | | HN request time: 0.413s | source
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tptacek ◴[] No.45030497[source]
The controls summarized in the CNBC piece seem reasonable, or, if not that, then at least not all that onerous.

The controls in the actual proposal are less reasonable: they create finable infractions for any claim in a job ad deemed "misleading" or "inaccurate" (findings of fact that requires a an expensive trial to solve) and prohibit "perpetual postings" or postings made 90 days in advance of hiring dates.

The controls might make it harder to post "ghost jobs" (though: firms posting "ghost jobs" simply to check boxes for outsourcing, offshoring, or visa issuance will have no trouble adhering to the letter of this proposal while evading its spirit), but they will also impact firms that don't do anything resembling "ghost job" hiring.

Firms working at their dead level best to be up front with candidates still produce steady feeds of candidates who feel misled or unfairly rejected. There are structural features of hiring that almost guarantee problems: for instance, the interval between making a selection decision about a candidate and actually onboarding them onto the team, during which any number of things can happen to scotch the deal. There's also a basic distributed systems problem of establishing a consensus state between hiring managers, HR teams, and large pools of candidates.

If you're going to go after "ghost job" posters, you should do something much more targeted to what those abusive firms are actually doing, and raise the stakes past $2500/infraction.

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casey2 ◴[] No.45034461[source]
How is that at all unreasonable? Why is misinformation somehow ok when it directly harms workers? Don't like it that you have to change your behavior because of some abusers? Sorry but that's how society works for the rest of us.
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tptacek ◴[] No.45034701[source]
The problem is that employers and prospective employees will disagree about what is and isn't "misinformation", and only a trial can resolve that question when the law gives a cause of action for it.
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1. NoGravitas ◴[] No.45039555[source]
Sure, but the threat of having to spend money on a trial should incentivize employers to be factual and clear in their advertisements. Edge cases will get sorted out by trials at first, but then there will be case law that will discourage people from bringing questionable cases.
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2. tptacek ◴[] No.45040755[source]
Again, this starts with a proposal to end "ghost jobs" and ends with... whatever problem it is you're trying to solve here. And doesn't fix the "ghost job" problem!