Overview
This topic covers state and local laws that restrict an employer’s ability to request salary or wage history information from job applicants. Generally, the laws prohibit an employer from asking, either on a job application or during an interview, about how much an applicant earned in their current or previous job positions. The laws also typically prohibit an employer from relying on an applicant’s wage or salary history, if known, to determine the compensation for the applicant if hired by the employer. The laws build in exceptions to these prohibitions as well.
Questions Answered
- What terms are defined by salary history inquiry laws?
- What limitations are there for an employer’s use of an applicant’s wage or salary history?
- Are there exceptions to the salary history inquiry restrictions?
- What restrictions are there if an applicant voluntarily discloses salary history information?
Additional Information
This topic’s coverage of local laws primarily focuses on local jurisdictions with populations of 100,000 or more residents, but laws in locations with populations below the 100,000 threshold may also be included. However, it is possible a local law may not be included in the topic because the jurisdiction does not publish its code of ordinances online or does not report newly enacted ordinances immediately.
This topic does not cover:
- Information applicable to public employers
- Laws requiring an employer to disclose the wage or salary for a job position (pay transparency laws)
- Record retention and workplace poster requirements for the laws covered