California, New York, and Washington generally prohibit employers from asking applicants about past pay, according to their state agencies.
Key takeaways
- Check the location of the role before reviewing its application.
- Remove past-pay questions from the application and phone screen for these three states.
- Review requests made through agents or other sources.
- Check Washington's offer-acceptance sequence before confirming salary.
Salary history restrictions in three states
In California, an employer generally cannot, orally or in writing, personally or through an agent, seek salary history information, including compensation and benefits, about an applicant for employment, according to the California Department of Industrial Relations. In Washington, employers cannot seek the wage or salary history of an applicant, according to the Washington State Department of Labor and Industries. In New York, the law prohibits all employers - both public and private - from asking prospective or current employees about their salary history and compensation, according to New York State. These three state rules define the scope for your next application or phone screen. Each state's agency states the ban in its own terms, and the wording matters for how you draft the question. The other sections of this post explain the restrictions and the one same-day action you can take.
California: do not use past pay to set the offer
In California, the rule against using past pay is explicit and covers both the decision to hire and the salary figure. According to the California Department of Industrial Relations, an employer generally cannot rely on an applicant's salary history information as a factor in determining whether to offer employment or what salary to offer. This prohibition applies to the entire process of setting the offer. You cannot ask for the number to help you decide if you want to hire the person, nor can you use that number to calculate the final salary figure. The source ties this restriction to the California Equal Pay Act. The ban is not limited to the initial application; it extends to the point where you are formulating the specific terms of the offer. If you are building a phone screen or an application form, the field asking for "current salary" or "previous compensation" is the primary target for removal. The rule states that the employer cannot rely on this information as a factor. This means the information cannot be used to benchmark the applicant against internal pay scales or to justify a lower offer based on their previous earnings. The editorial recommendation is to treat the past-pay question as prohibited in California roles. Do not include it in the application form or ask it during the phone screen. The focus must remain on the applicant's qualifications and the market rate for the role, not their historical earnings.
New York: do not ask the person or someone else
In New York, the ban on salary history extends beyond the direct conversation with the applicant. According to New York State, the rule "also prohibits businesses from seeking similar information from other sources." This specific prohibition means that asking an applicant about their previous compensation is not the only restricted action. The scope of the restriction includes any attempt to gather this data indirectly.
When building a phone screen or application for a role based in New York, you must stop the practice of verifying an applicant's past pay through third parties. This includes contacting an applicant's former employer to confirm their previous salary or bonus structure. It also covers asking a reference, who might be a former colleague or manager, about what the applicant was paid in their last role. Therefore, your interview script must remove any questions that prompt an applicant to disclose their prior earnings, and your verification process must exclude any steps that rely on external confirmation of past compensation.
Do not treat this ban as a complete list of all possible exceptions or nuances within New York law. The provided source states the ban on seeking information from other sources. It does not detail every scenario where an employer might be permitted to ask or verify pay under different circumstances. For the purpose of your immediate application and phone screen, avoid seeking this information from anyone, whether the applicant or a third party.
Washington: voluntary disclosure and salary confirmation
Under the Equal Pay & Opportunities Act, employers cannot require that an applicant's prior wage or salary history meet certain criteria to be considered for the job, according to the Washington State Department of Labor and Industries. This rule prohibits using past compensation as a screening threshold during the initial hiring process. You cannot ask an applicant to disclose their previous salary to determine if they qualify for the position. The ban applies to the requirement itself, meaning you cannot make the submission of wage history a condition for being considered.
The law does allow for voluntary disclosure. Applicants can voluntarily disclose their wage or salary history to prospective employers, according to the Washington State Department of Labor and Industries. If an applicant chooses to share this information without being asked, you may receive it. However, the employer does not have the right to solicit this information. The distinction is critical: the applicant initiates the disclosure, not the employer. Your application forms and phone screen scripts should not include fields or questions that prompt the applicant to provide this data.
There is a case where you may confirm past pay. An employer may confirm an applicant's salary after the employer negotiates and makes an offer of employment that includes pay and the offer is accepted by the applicant, according to the Washington State Department of Labor and Industries. This allowance describes confirmation after acceptance. The sequence is fixed: negotiation occurs, an offer including pay is made, the applicant accepts, and then the employer may confirm the salary.
To apply this rule, review your current hiring workflow. Identify the exact point where an offer is made and accepted. Ensure that any salary confirmation step follows the sequence described above. Do not include past pay questions in pre-offer stages. If your process involves background checks or reference checks before offer acceptance, ensure those checks do not solicit wage history. The Equal Pay & Opportunities Act defines the boundaries clearly. Your process must align with those boundaries to remain compliant.
Reference table of each state's rule
Use this table to verify the rule for the specific state where the job is located. Each row below traces the core restriction to the named publisher's quoted guidance. Keep the claim tied to this named source. Do not treat it as a rule for every employer, every state, or every product.
| Publisher | State | Core rule | Source |
|---|---|---|---|
| California Department of Industrial Relations | California | Generally, no, an employer cannot, orally or in writing, personally or through an agent, seek salary history information, including compensation and benefits, about an applicant for employment. | California Department of Industrial Relations |
| New York State | New York | The new law prohibits all employers - both public and private - from asking prospective or current employees about their salary history and compensation. | New York State |
| Washington State Department of Labor and Industries | Washington | Employers cannot seek the wage or salary history of an applicant. | Washington State Department of Labor and Industries |
Check the job location against the state column before finalizing the application form.
Review the application script for any question that asks for previous pay. If the question exists, remove it for roles in these three states. This step ensures the screening process aligns with the specific state rule cited in the table.
For teams managing multiple locations, note the state code next to each open role. This helps distinguish which rules apply during the phone screen. The table provides the baseline restriction for each jurisdiction.
Keep the table in the hiring guide. It serves as a permanent reference for the team. The rules are clear and cited.
A blank worksheet for cleaning the application
Use this worksheet to audit your current application form and phone-screen script before your next hiring cycle. The California Department of Industrial Relations states that generally, no, an employer cannot, orally or in writing, personally or through an agent, seek salary history information, including compensation and benefits, about an applicant for employment, according to California Department of Industrial Relations. This rule applies to the act of seeking the information, regardless of whether the question appears on a digital form or is asked verbally during a screening call.
Review every field in your intake process that requests compensation data. If a field asks for "current salary," "last year's pay," or "total compensation package," check whether it requests salary history covered by the California source. The ban covers both direct questions to the applicant and requests for information through agents, which includes asking former employers or recruiters about an applicant's previous pay.
Complete the table below for each field in your application. Identify the exact wording currently used, note the state where the job is located, and record the action you took to remove or modify the field. This ensures your process aligns with the specific prohibition on seeking salary history information.
| Application field | Current wording | State of job | Action taken |
|---|---|---|---|
| __ | __ | __ | __ |
| __ | __ | __ | __ |
| __ | __ | __ | __ |
| __ | __ | __ | _ _ |
| __ | __ | __ | __ |
Illustrative example: audit a form and script
You review 2 intake documents: an application and a phone-screen script. Each contains 1 past-pay question. Record both questions in the worksheet, note the job's state, and remove the questions. You have documented 2 changes that the team can check before the next interview.
Next step today
Delete the past-pay question from your application or phone-screen script and leave a note naming the state the job sits in. Keep that note with your hiring decision debrief. For a separate review of another intake question, see conviction timing rules for 3 jurisdictions.
Past-pay question FAQ
May I ask past pay in California?
Generally, no. An employer cannot, orally or in writing, personally or through an agent, seek salary history information, including compensation and benefits, about an applicant for employment, according to California Department of Industrial Relations. This restriction applies to the act of seeking the information itself.
May I use past pay to decide the offer there?
Generally, no, an employer cannot rely on an applicant's salary history information as a factor in determining whether to offer employment or what salary to offer, according to California Department of Industrial Relations. The ban covers both the decision to hire and the specific salary amount proposed.
What may I still tell a California applicant about the pay scale?
An applicant has the right to the pay scale for a position to which they are applying upon reasonable request to the employer, according to California Department of Industrial Relations.
What does New York ban besides asking the person?
The law prohibits businesses from seeking similar information from other sources, according to New York State. This extends the ban beyond direct inquiries to the applicant, covering attempts to gather salary history from third parties.
When may a Washington employer confirm past pay?
After negotiating and making an offer that includes pay, and after the applicant accepts it, an employer may confirm salary. See the Washington State Department of Labor and Industries guidance and the sequence above.