Salary History Ban in New York: What Employers Can Ask
Last reviewed: June 2026
Quick Answer
No. New York Labor Law section 740 prohibits employers from asking about your salary history, inquiring with previous employers, or considering salary history in hiring decisions unless you voluntarily and without coercion disclose it. Employers cannot seek this information from you, references, or other sources. Violations can result in civil penalties up to $10,000 and damages to affected employees. This applies to all employers in New York regardless of size.
Key Facts
- •New York prohibits employers from asking job applicants about salary history under Labor Law section 740.
- •Employers cannot seek salary history from candidates, applicants, or references without explicit written authorization.
- •Violations can result in civil penalties up to $10,000 and individual damages for affected employees.
- •The salary history ban applies to all employers in New York with no minimum employee threshold.
Federal Law: The Baseline
Federal law does not impose a blanket prohibition on salary history inquiries. The Equal Pay Act, 29 U.S.C. section 206, requires equal pay for equal work but does not restrict employers from asking about past wages. The Fair Labor Standards Act (FLSA) and Title VII of the Civil Rights Act of 1964 address wage discrimination based on protected characteristics but do not ban salary history inquiries themselves. The EEOC enforces federal wage discrimination laws and can bring claims when salary history inquiries result in violations of Title VII, the Age Discrimination in Employment Act, or other federal statutes.
Federally, some states and municipalities have adopted salary history bans, but there is no universal federal prohibition. Employers covered by federal wage laws must comply with equal pay requirements, but asking about prior salary is not inherently illegal under federal law unless the inquiry is used to perpetuate discrimination based on a protected characteristic. The federal baseline is therefore permissive on salary history inquiries, with enforcement focused on wage discrimination outcomes rather than the inquiry process itself.
New York Law: What's Different
New York Labor Law section 740, effective October 31, 2018, is significantly stronger than federal law and represents one of the nation's broadest salary history bans. The statute explicitly prohibits employers from inquiring about the salary history of applicants and employees, seeking such information from references or other sources, and considering salary history when making hiring, promotion, or compensation decisions. The law applies to all employers in New York without regard to employee count or business size.
Under New York law, employers may only consider salary history if the employee or applicant voluntarily and without coercion discloses it in writing. Even then, employers cannot rely on that history as the primary factor in setting wages. The statute creates an affirmative duty on employers to ensure compliance across recruiting, human resources, and management functions.
New York's law is stronger than the federal baseline because it creates a proactive ban rather than a reactive discrimination framework. Federal law addresses discrimination outcomes; New York law eliminates the salary history inquiry at the source. The state law covers private, public, and non-profit employers without exception. Remedies under New York law include civil penalties of up to $10,000 per violation and individual damages paid directly to affected employees. The New York State Department of Labor enforces the statute, and employees may also file complaints with the New York State Division of Human Rights under Executive Law section 296.
Key Numbers & Thresholds
No minimum employee count threshold — law applies to all employers in New York. Civil penalty cap: up to $10,000 per violation. No statute of limitations specified in the statute itself; complaints may be brought under New York Human Rights Law, which has a longer filing window. Effective date: October 31, 2018.
Exceptions & Special Cases
New York's salary history ban contains narrow exceptions but is otherwise broadly protective. The primary exception is that employers may consider salary history information if the candidate voluntarily and without coercion discloses it in writing. 'Without coercion' means the applicant must initiate the disclosure, not in response to employer questioning.
Employers may still conduct salary history research if the applicant consents in writing and explicitly authorizes the employer to seek salary history from references or prior employers. However, even with written consent, employers must still comply with other state and federal laws (e.g., they cannot use salary history to discriminate based on protected characteristics).
The ban does not prevent employers from discussing compensation ranges with candidates or from setting compensation based on job-related factors such as experience, education, skills, and market rates for the position. Employers may also set compensation based on an applicant's stated salary expectations, provided those expectations were not obtained through prohibited inquiries into salary history.
One practical exception: the law does not prevent employers from documenting their own prior employees' salaries when considering internal promotions or transfers, as long as the consideration is job-related and not used to perpetuate prior discriminatory wage practices. However, employers should be cautious because relying on prior salary in internal decisions can perpetuate gender and racial wage gaps.
Unions and collective bargaining agreements are not explicitly exempted, meaning the ban applies even in unionized workplaces unless a collective bargaining agreement explicitly addresses salary history practices in a manner that complies with the statute.
What to Do If Your Rights Are Violated
Step 1: Document Everything. Keep records of all communications where an employer asked about salary history, including emails, application forms, interview notes, phone conversations, and third-party requests to previous employers. Save the dates, names of people involved, and exact questions asked. Preserve any written authorization (or lack thereof) you provided. Take screenshots of online job applications that contained salary history questions. Document what you disclosed or did not disclose, and whether you were pressured to provide information.
Step 2: Internal Complaint Process. Many employers have internal HR complaint procedures. File a written complaint with your employer's human resources department detailing the salary history inquiry, the date, who asked, and how you were affected (e.g., lower starting offer, reduced raise). Send the complaint via email so you have a timestamp and confirmation of receipt. Request a written response within 10 business days. Keep copies of everything. Note that internal complaints are not required by law but create a documented record and may prompt the employer to correct the conduct. Do not assume internal complaints will resolve the matter; they are a first step only.
Step 3: File a Complaint with the New York State Department of Labor and/or Division of Human Rights. You have two options. Option A: File with the New York State Department of Labor, Wage and Hour Division. Visit dol.ny.gov or call 1-800-862-1092. Provide your name, contact information, employer name and address, dates of the violation, detailed description of what happened, and names of witnesses if any. There is no strict filing deadline stated in the statute, but complaints should be filed as soon as possible after the violation. Option B: File with the New York State Division of Human Rights (DHR) under Executive Law section 296. Visit dhr.ny.gov or call 1-888-392-3644. The DHR has a three-year statute of limitations from the date of the violation. Include the same information as above. You may file with both agencies simultaneously.
Step 4: Investigation Process. Once you file, the agency (either DOL or DHR) will send the employer a notice of complaint. The employer has 30 days to respond to the complaint. The agency will then conduct an investigation, which may include reviewing documents, interviewing you and the employer, and examining hiring records. The investigation typically takes 60 to 120 days. You will be notified of the agency's findings. If the agency finds a violation, it may order the employer to cease the conduct, pay damages to you, and pay a civil penalty to the state (up to $10,000). You have the right to be represented by an attorney during this process and may request a hearing before an administrative judge if you disagree with the agency's determination.
Step 5: Consult an Attorney. Consult an employment law attorney if: (1) the employer retaliated against you after you filed a complaint (retaliation is illegal under New York law), (2) the agency's investigation takes longer than 120 days and you want to pursue a civil lawsuit, (3) you believe the violation resulted in lost wages or harm to your career, or (4) you want to pursue damages beyond what the agency offers. A New York employment law attorney can advise on your options, represent you in agency proceedings, or file a lawsuit for damages under New York Labor Law section 740 and Executive Law section 296. Many employment attorneys work on contingency (no upfront fee; they take a percentage of your settlement or judgment). Initial consultations are often free or low-cost.
Relevant Agency
New York State Department of Labor, Wage and Hour Division
https://dol.ny.gov/1-800-862-1092
If you need guidance on whether your salary was set unfairly or if you've experienced a salary history ban violation, connect with an employment attorney licensed in New York.
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Frequently Asked Questions
Can a New York employer ask me what salary I currently make?
No. Under New York Labor Law section 740, employers cannot ask you about your current or past salary. This includes direct questions during interviews, on application forms, or through any other method. If an employer asks, you are not required to answer, and you can refuse without penalty. However, if you voluntarily disclose your current salary in writing without the employer asking, that information may be considered—but the employer still cannot rely on it as the primary basis for setting your pay. The key distinction is that you must initiate the disclosure; the employer cannot solicit it. Many candidates choose to provide salary expectations instead of salary history, which is permissible and allows you to anchor the negotiation at your desired rate rather than your past salary.
What if I already told my employer my salary history before getting hired—can they use it now?
Technically, New York law states that salary history that was voluntarily and without coercion disclosed can be considered. However, the practical answer is more nuanced. If you disclosed salary history before you were hired (during the application or interview stage), the employer legally should not use it as the primary basis for your compensation. If you disclosed it after being hired, using it retroactively to set your salary would likely violate the statute because the ban applies to hiring decisions. If you disclosed it recently under pressure or in response to an employer's question, it may not qualify as 'voluntary and without coercion,' and the employer's reliance on it could be challenged. Document the circumstances of your disclosure (was it your idea or the employer's request?) and consult an attorney if you believe your salary was set unfairly based on history you provided.
Can my employer call my previous employer to ask about my salary?
No. New York Labor Law section 740 explicitly prohibits employers from seeking salary history information from references, previous employers, or any third party without your explicit written authorization. If a prospective employer asks your prior employer about your salary, that inquiry violates the law even if you are not the one being questioned. This protection prevents prior wage discrimination (e.g., paying women less because they earned less at their previous job) from following you to a new employer. If you learn that an employer contacted your previous employer asking about your salary, that is a violation you can report. Your written consent is required, must be given before the inquiry is made, and must specifically authorize the prospective employer to obtain salary information. General authorization to contact references does not automatically permit salary inquiries.
What happens if I refuse to provide salary history and the employer doesn't hire me?
If you refuse to provide salary history and an employer does not hire you, you may have a claim under New York law if the decision was based on your refusal to disclose salary information. New York Labor Law section 740 makes it illegal for employers to make hiring decisions based on an applicant's refusal to provide salary history or on lack of prior salary information. However, proving causation can be difficult; the employer may claim the decision was based on other factors (qualifications, interview performance, fit). To strengthen your position, document all communications with the employer, note when the salary history question was asked, record when you refused, and note the timing of the rejection. If the rejection came immediately after your refusal or if the employer stated that salary history was a factor, that strengthens your case. Consult an employment attorney if you believe you were rejected solely because you refused to disclose salary history.
Are there any situations where New York employers are allowed to ask about salary history?
Yes, but they are very narrow. An employer may consider salary history only if you volunteer the information in writing without being prompted or pressured by the employer. The key word is 'voluntary'—you must initiate the disclosure. Additionally, even if you provide salary history, the employer cannot use it as the primary factor in setting your compensation; they must consider other factors like job duties, experience, education, and market rates for the position. Employers may also ask about your salary expectations (what you want to be paid going forward), which is different from salary history and is permissible. Some employers ask candidates to provide written authorization allowing the employer to confirm salary with prior employers; if you give this authorization in writing, the employer can legally request salary information from your previous employer. However, note that many employers do not ask for this authorization because New York law strongly discourages reliance on salary history. If an employer says salary history is required, that is a red flag for a potential violation.
Related Topics in New York
Sources & References
- New York Labor Law section 740 — Prohibits inquiries into and reliance on salary history information
- New York Executive Law section 296 — Establishes human rights protections and enforcement procedures
- 29 U.S.C. section 206 — Federal baseline for wage discrimination protections
Informational only. Not legal advice. Laws change — always verify with a licensed attorney.
Editorial standards: This guide is reviewed against primary government sources and cites 3 statutes. Last reviewed June 2026. Scheduled for re-verification by June 2027.
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