In roughly half of U.S. states and dozens of cities, employers cannot legally ask what you made at your last job — and you can refuse to answer even where it’s still allowed.

Here’s something most people your age have no idea about. A growing number of states, cities, and counties in the U.S. have made it illegal for employers to ask job applicants about their previous salary. According to multiple sources, roughly half of all states and about two dozen cities and counties have banned the question outright — though these laws change frequently, so always check the current rules for your specific location. That’s a huge deal, and most people — adults included — don’t know it.

Why does this law exist? Because when employers base your new salary on what you made before, it can lock you into lower pay forever — especially if you were underpaid at your last job. These bans are meant to give people a fairer shot at being paid what the job is actually worth, not just a tiny bump above whatever you made before.

Even where these bans don’t exist, you still have options. There’s no legal obligation for anyone to hand over their salary history. You can simply decline to share it. The honest truth, though, is that there’s no guarantee how a specific employer will react if you refuse — some may be fine with it, others might not be. But in states and cities where the ban is in effect, an employer legally cannot use your refusal against you or make it a condition of being considered for the job.

This doesn’t just apply to new jobs, either. In New York, for example, employers also cannot require salary history from current employees as a condition of being considered for a promotion. Other states may have similar protections — check your state’s labor department website to find out what applies where you live.

The single most important thing to take from this: before any job interview, look up whether your state or city has a salary history ban. These laws vary widely and change over time, so go straight to your state’s official government website or labor department for the most current information. If you’re somewhere it’s banned, you have legal protection. If you’re not, you can still decline — just know there may be some social awkwardness. Either way, your past paycheck doesn’t have to define your next one.

When to get help: If you think an employer broke a salary history ban in your state or city — or if you feel like you were passed over for a job because you refused to share your pay history — it’s worth talking to an employment lawyer. Many offer free first consultations. You can also reach out to your state’s labor department to find out what protections you specifically have where you live.
Save Tip

Leave a Comment