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A running list of states and localities that have outlawed pay history questions

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State-wide

Effective date: Jan. 9, 2017

Employers affected: All agencies and departments over which the governor has executive authority, and all public benefit corporations, public authorities, boards and commission for which the governor appoints the chair, the chief executive or the majority of board members, except for the Port Authority of New York and New Jersey

State agencies and departments may not request salary history from applicants until after an offer of employment is extended. If an applicant’s prior compensation is already known, that information may not be relied upon in determining such applicant’s salary, unless required by law or collective bargaining agreement.

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Effective date: Jan. 6, 2020

Employers affected: All employers

Employers may not seek pay history. An employer may only confirm pay history if, at the time an offer of employment is made, applicants or current employees respond to the offer by providing pay history to support a wage or salary higher than that offered by the employer.

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New York City

Effective date: Oct. 31, 2017

Employers affected: All employers, employment agencies or employees or agents thereof

Employers in New York City are prohibited from requesting information about job applicants’ previous pay or benefits. If an employer already has that information, it is prohibited from using that information to set pay.

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Albany County

Effective date: Dec. 17, 2017

Employers affected: All employers and employment agencies

Employers are barred from requesting information about past compensation and benefits until after a job offer is made.

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Suffolk County

Effective date: June 30, 2019

Employers affected: Employers and employment agencies

Employers may not ask, whether on an application or otherwise, about a job applicant’s wage or salary history, including compensation and benefits. Employers also may not conduct searches of publicly available records. Finally, employers may not rely on known salary history information in setting pay.

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Westchester County

Effective date: July 9, 2018

Employers affected: Employers, labor organizations, employment agencies or licensing agencies, or an employee or agent thereof

Employers may not request information about previous wages. Only under limited circumstances may they confirm prior pay and rely on that information in setting pay.

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