State Laws That Restrict Salary History Questions in Interviews

Why employers can't ask what you used to earn—and how these laws are reshaping pay negotiations.

By Garret Merkley · Explainer · Jun 12, 2026

Branched from What You Can and Cannot Say During a Job Interview: Legal and Practical Guide

Quick take

Over 20 states now ban or limit salary history questions to reduce pay discrimination and wage gaps.
Laws vary: some forbid asking entirely, others allow it only if the candidate volunteers the info first.
Violations can result in fines, lawsuits, and damage to an employer's reputation.
These laws protect job changers from being locked into lower pay based on past earnings.

Salary history bans are state laws that prevent employers from asking job candidates about their previous compensation. The goal is straightforward: stop employers from using outdated or artificially low past salaries as a ceiling for new offers. When a hiring manager knows you earned $55,000 at your last job, they're tempted to offer $58,000—even if the market rate for the role is $75,000. These laws break that chain and give workers more leverage to negotiate based on the job's actual value, not their personal history.

Which States Have Enacted These Laws

As of 2024, more than 20 states have passed some form of salary history restriction, including California, New York, Massachusetts, Illinois, Connecticut, Delaware, Georgia, Hawaii, Kentucky, Maryland, Michigan, Minnesota, Mississippi, Missouri, Nevada, New Hampshire, New Jersey, Ohio, Oregon, Pennsylvania, Rhode Island, Tennessee, Vermont, Virginia, and Washington. Several major cities—including New York City, San Francisco, Los Angeles, and Philadelphia—have their own ordinances that often go further than state law. The landscape continues to shift, with new states considering or passing legislation regularly.

How These Laws Work in Practice

Salary history ban laws fall into three main categories. The strictest versions prohibit employers from asking about salary history at all—period. California and New York take this approach. A second tier allows employers to ask, but only if the candidate brings it up first. The employer cannot initiate the question. A third type permits asking only after a job offer has been made, so the candidate's past pay doesn't influence the initial offer. Some states also require employers to provide the salary range for the position upfront, removing guesswork entirely.

Employers must also be careful about indirect methods. Simply asking 'What were you earning before?' is banned, but so is asking for W-2s, tax returns, or pay stubs as part of the initial screening. Some employers have tried workarounds—asking about salary expectations rather than history, or requesting references who might reveal past pay—but courts and labor departments have increasingly scrutinized these tactics. The spirit of the law matters as much as the letter.

Why These Laws Exist and What They Aim to Fix

Salary history questions perpetuate wage inequality, especially for women and people of color who often enter the job market at lower pay. If you start at a disadvantage—due to discrimination, fewer opportunities, or negotiating inexperience—you carry that penalty forward for years. Each new job offer anchors to your last salary, compounding the gap. Research shows that eliminating salary history questions narrows the wage gap and gives workers, particularly those from underrepresented groups, a genuine chance to earn what the role is worth rather than what they were paid before.

These laws also reflect a shift in how policymakers view fairness in hiring. The logic is simple: your past employer's budget constraints or their assessment of your value shouldn't determine what your next employer pays you. The new job has its own market rate, its own responsibilities, and its own budget. Decoupling the two creates a cleaner, more equitable negotiation.

What Happens When Employers Violate These Laws

Penalties vary by state but typically include fines (often $500 to $5,000 per violation), attorney fees paid by the employer, and potential damages awarded to the candidate. In some states, violations can trigger class-action lawsuits if an employer has a pattern of asking. Beyond legal costs, employers face reputational damage—job boards and review sites like Glassdoor often flag companies with a history of salary history questions, making it harder to attract talent. Some candidates also file complaints with state labor departments, triggering investigations and public scrutiny.

Key Variations by State

California: Absolute ban; employers cannot ask at any stage.
New York: Ban applies, but employer can ask if candidate initiates the conversation.
Massachusetts: Employer cannot ask, but can rely on information voluntarily provided.
Illinois: Applies to public employers only (private sector not covered).
Oregon: Applies after conditional job offer is made.
New York City: Requires salary ranges be posted in job ads.

How Job Candidates Should Respond

If an employer asks about your salary history in a state with a ban, you have options. You can politely decline and say, 'I'd prefer to focus on what this role is worth and my expectations going forward.' You can also inform them that the question may violate state law. If you're applying in a state without a ban, you're not legally protected, but you can still deflect by saying, 'I'm happy to discuss salary expectations for this specific role' or 'Let's talk about the market rate for this position.' Many candidates choose not to volunteer past salary information even when legal, since it only weakens their negotiating position.

Before Your Interview

Research whether your state or city has a salary history ban.
Prepare a response if asked—something neutral and forward-looking.
Know the typical salary range for the role in your market (use Glassdoor, PayScale, or LinkedIn Salary).
If the job posting includes a salary range, use it as your anchor, not your past pay.

Can an employer ask 'What are your salary expectations?' instead of 'What did you earn before?'

Yes. Asking about expectations or desired salary is legal in all states—it's asking about past salary that's restricted. The candidate can answer based on market research, the role's value, and their own needs, not their history.

What if I volunteer my salary history? Can the employer use it against me?

In most ban states, yes—the employer can use information you volunteer. However, initiating the conversation puts you in control. You can share selectively or frame it positively ('I earned $60k, but I've grown significantly since then and expect $75k for this role').

Do these laws apply to remote workers or jobs in multiple states?

Generally, the law of the state where the job is located applies. If you're remote in California but the employer is in Texas, California law typically governs. For multi-state roles, the strictest applicable law usually wins—employers often follow the most restrictive rule to stay compliant.

Can an employer ask my references about my past salary?

This is a gray area. Directly asking references to reveal your salary is generally seen as circumventing the ban. However, if a reference volunteer the information unprompted, the employer can likely use it. Best practice: brief your references and ask them not to discuss your salary.

What if my state doesn't have a salary history ban?

You have no legal protection, but you still have negotiating power. You can decline to answer, redirect to future salary, or provide information strategically. Many employers are moving away from salary history questions anyway, even in states without bans, because they recognize the fairness issue.

Sources

National Conference of State Legislatures (NCSL) salary history ban tracking, 2024.
Society for Human Resource Management (SHRM) compliance guide on salary history restrictions.
California Labor Code Section 432.3 and New York Labor Law Section 740.