I'd like to know how anyone plans to enforce the rules to ban a ghost job.
There's a middle ground between doing nothing and full government control, we just have to find it and make the rules tight enough to close loopholes which could be used to skirt them. Though, from what I've been seeing lately, "ghost jobs" are typically being used to skirt rules around the hiring of foreign labour over qualified local candidates.
I live in Canada, so this doesn't exactly apply to a US discussion, but we do have a similar problem here so perhaps there's some overlap. We're seeing companies advertising "ghost jobs" for $37/hour doing things they should have zero problems finding someone local to do: tow truck drivers, dump truck drivers, restaurant managers, applications developers, equipment installers, welders, butchers, pharmacy assistants (non dispensing), admin assistants, long haul truck drivers, etc...
Hell, I've even seen "sandwich artists" listed at $37/hour! Which unemployed young person struggling to find do you know who wouldn't jump at the chance to earn $76k annually making sandwiches?! Anyway, they run the ad for a while then go running to the feds, "Oh noes! We couldn't find anyone local who were qualified to do the job, can we apply for a Labour Market Impact Assessment now?", requesting approval for the hire of a foreign worker to do the job instead.
Honestly though, I don't know how we'd enforce a law like this but I have some broad ideas:
- * Employers requesting foreign talent, claiming they're unable to find any local talent to fill the position, must pay that worker five times the local market rate typically earned by local talent for the role. It's an excessive amount, I agree, but if they truly need that employee due to their ultra unique and difficult to find skill set they'll still gladly pay it, simultaneously such an excessive wage requirement discourages employers from shopping for below market rate talent and contributing a negative impact to the hire-ability of job seekers in the local labour market.
- * Before employers are allowed to post they're looking for a new employee they need provide the government with details of what the job is, what specific skills they're asking for, and the expected salary range. 90 days after the ad's original posting they need to provide details on who specifically applied for the role, copies of their resumes, which of those potential applicants were interviewed for the role, and any notes / recordings taken during the interview. Right now we're all relying on "trust me bro" when employers say they can't find someone, but we obviously can't trust them so we need to have someone checking their work to verify the veracity of their claims.
I think another issue is employers simply don't want to spend the time, at market rates, doing any on the job training for their new hires anymore. Employers these days seemingly just want someone to come in pre-trained, already having the exact specific skillset they're looking for. I can appreciate concerns of their training someone only to later have them jump to a new employer, though instances of this happening could be mitigated effectively by having a better work culture, work life balance, robust benefits, and the payment of sufficient compensation where the employee they'd spent all that time training won't want to leave. But let's be honest employers don't want to do that and would rather hire a way less expensive, easily exploitable, foreign worker to do it; until they receive permanent resident status, which takes years, they're effectively locked to that employer.
But honestly any law like this will probably consist of lax enforcement with token fines high enough to appease the public, who aren't used to seeing a number that large in their bank account, while being low enough for companies to see it as the "cost of doing business". Then the agency which gets created to police this, or the agency tasked to handle it, will receive substandard government funding thus ensuring any complaints received will take years to investigate and even more years to litigate - but hey, some politician is gonna get a nice little photo op for "sticking up for the little guy" that'll look good in a campaign ad.