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JurisdictionSalary History RestrictionsProhibited Inquiries and ActionsOther RestrictionsExempt Actions and Safe HarborsNotice-PostingNotes
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FederalN/AN/AN/AN/AN/AN/A
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AlabamaYes• Refusing to interview, hire, promote, or employ an applicant for employment; or
• Retaliating against an applicant because the applicant does not provide wage history.
N/AN/AN/AN/A
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AlaskaNoN/AN/AN/AN/AN/A
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ArizonaNoN/AN/AN/AN/AN/A
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ArkansasNoN/AN/AN/AN/AN/A
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CaliforniaYes• Relying on an applicant's salary history as a factor in determining whether to make an employment offer or what salary to offer.
• Seeking salary history information about an applicant personally or through an agent.
N/A• Considering or relying on salary history voluntarily disclosed by an applicant.
• Reviewing salary history information that may be disclosed to the public pursuant to federal or state law.
• Asking about an applicant's salary expectations.
NoN/A
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San FranciscoYes• Considering or relying on an applicant's salary history as a factor in determining whether to make an offer or what salary to offer.
• Inquiring about salary history.
• Refusing to hire, disfavoring, injuring or retaliating against an applicant for failing to disclose salary history.
Releasing the salary history of a current or former employee to a prospective employer without the employee's written authorization, unless the release is:

• Required by law;
• Part of a publicly available record; or
• Subject to a collective bargaining agreement.
• Considering or verifying salary history if an applicant voluntarily discloses it without prompting or provides written authorization.
• Discussing salary expectations.
• Verifying non-salary related information disclosed by an applicant or a background check.
YesN/A
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ColoradoYes• Seeking the wage rate of a prospective employee; or
• Relying on the wage rate history of a prospective employee to determine a wage rate.
• Discriminating or retaliating against a prospective employee for failing to disclose the prospective employee's wage rate history;
• Discharging, disciplining or discriminating against an employee or other person for inquiring about, disclosing, comparing or discussing the employee's wage rate;
• Requiring an employee to sign a waiver or document prohibiting disclosure of wage rate information; or
• Discharging or in any manner discriminating or retaliating against an employee for invoking the equal pay law on behalf of anyone or assisting in its enforcement.
N/AN/AN/A
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ConnecticutYesInquiring or directing a third party to inquire about an applicant's wage and salary history.N/A• Inquiring about salary history if an applicant voluntarily discloses his or her wage and salary history.
• Taking actions pursuant to any federal or state law that specifically authorizes the disclosure or verification of salary history for employment purposes.
• Inquiring about other elements of an applicant's compensation structure, as long as the employer does not inquire about the value of the elements of such compensation structure.
NoN/A
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DelawareYes• Screening job applicants based on salary history.
• Seeking salary history information from an applicant or a current or former employer.
N/A• Discussing salary expectations.
• Seeking an applicant's salary history for the sole purpose of confirming it, after a job offer with terms of compensation has been extended and accepted.
NoN/A
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District of ColumbiaYes• Screening prospective employees based on wage history.
• Requiring a prospective employee's wage history to satisfy minimum or maximum criteria.
• Requesting or requiring salary history as a condition of being interviewed or considered for a job.
• Seeking a prospective employee's wage history from their previous employer.
N/AN/ACovered employers must post a notice informing employees of their rights in a conspicuous place in at least one location where employees congregate.N/A
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FloridaNoN/AN/AN/AN/AN/A
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GeorgiaNoN/AN/AN/AN/AN/A
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HawaiiYes• Inquiring about the salary history of an applicant.
• Relying on the salary history of an applicant during the hiring process, including negotiation of an employment contract.
N/A• Discussing expectations with respect to salary, benefits, and other compensation.
• If the applicant voluntarily and without prompting discloses his or her salary history, considering salary history in determining salary, benefits, and other compensation for the applicant and verifying the applicant's salary history.
NoThe term salary history does not include any objective measure of the applicant's productivity, such as revenue, sales or salary range for the position.
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IdahoNoN/AN/AN/AN/AN/A
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IllinoisYes• Screening job applicants based on their current or prior wage or salary history, including benefits or other compensation, by requiring that an applicant's wage or salary history satisfy minimum or maximum criteria;
• Requesting or requiring a wage or salary history as a condition of: (1) being considered for employment; (2) being interviewed; (3) continuing to be considered for an offer of employment; or (4) an offer of employment or an offer of compensation; or
• Requesting or requiring that an applicant disclose wage or salary history as a condition of employment.
• Seeking an applicant's wage or salary history, including benefits or other compensation from any current or former employer; or
• Discharging or discriminating against an individual for failing to comply with any wage or salary history inquiry.
The law does not apply if the applicant's wage or salary history:

• Is a matter of public record under the Freedom of Information Act, or any other equivalent state or federal law;
• Is contained in a document completed by the job applicant's current or former employer and then made available to the public by the employer;
• Submitted or posted by the employer to comply with state or federal law; or
• If the job applicant is a current employee applying for a position with the same current employer.

An employer does not violate the law when salary history is voluntarily disclosed if the employer does not consider or rely on this information as a factor in:

• Determining whether to offer an applicant employment;
• Making an offer of compensation;
• Determining future wages, salary, benefits, or other compensation.
N/AAn employer may provide information about the wages, benefits, compensation or salary offered in relation to a position.
An employer may discuss salary expectations with an applicant.
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IndianaNoN/AN/AN/AN/AN/A
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IowaNoN/AN/AN/AN/AN/A
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KansasNoN/AN/AN/AN/AN/A
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KentuckyNoN/AN/AN/AN/AN/A
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LouisianaNoN/AN/AN/AN/AN/A
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MaineYesUsing or inquiring about the compensation history of a prospective employee from the prospective employee or a current or former employer.N/A• Inquiring about or confirming the prospective employee's compensation history after an offer of employment that includes all terms of compensation has been negotiated and made to the prospective employee.
• Inquiring about compensation history pursuant to any federal or state law that specifically requires the disclosure or verification of compensation history for employment purposes.
• If an employee or prospective employee has voluntarily disclosed compensation history information, without prompting by the employer or employment agency, the employer or employment agency may seek to confirm or permit a prospective employee to confirm such information prior to an offer of employment.
N/AN/A
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MarylandYes• Relying on an applicant's salary history in screening or considering the applicant or in determining the applicant's wages.
• Seeking an applicant's salary history orally, in writing or through a current or former employer.
Retaliating against or refusing to interview, hire or employ an applicant because the applicant did not provide their salary history or requested the position's wage range.After making an initial employment offer that includes an offer of compensation, an employer may rely on, or seek to confirm, the salary history voluntarily provided by the applicant to support a wage offer that is higher than the employer's initial wage offer, as long as the higher wage does not create an unlawful wage differential.N/AN/A
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MassachusettsYesSeeking an applicant's salary history from the applicant or a current or former employer.Requiring a prospective employee's salary history to meet certain criteria.• Confirming salary history if an applicant voluntarily discloses it.
• Seeking or confirming an applicant's salary history after negotiating and making an employment offer.
YesN/A
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MichiganNoN/AN/AN/AN/AN/A
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MinnesotaYesInquiring into, considering or requiring disclosure of an applicant's pay historyN/A• Inquiring into the pay history of an applicant whose pay history is a matter of public record under state or federal law
• Considering voluntarily disclosed pay history to support a wage or salary higher than an employer's initial offer
• Providing information about the pay, benefits or other compensation offered for a position
• Inquiring about or discussing an applicant's expectations regarding pay, benefits or other compensation
N/AN/A
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MississippiNoN/AN/AN/AN/AN/A
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MissouriNoN/AN/AN/AN/AN/A
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Kansas CityYes• Inquiring about an applicant's salary history.
• Screening job applicants based on their current or prior wages, benefits, other compensation or salary histories, including requiring that these items satisfy minimum or maximum criteria.
• Relying on an applicant's salary history in deciding whether to make an employment offer, or in determining salary, benefits or other compensation for the applicant during the hiring process, including negotiating an employment contract.
• Refusing to hire or otherwise disfavoring, injuring or retaliating against an applicant who refuses to disclose his or her salary history.An employer or its agent may, without inquiring about salary history, engage in discussions with the applicant about the expectations with respect to salary, benefits, and other compensation.
The law does not apply to:

• Applicants for internal transfer or promotion with their current employer;
• A voluntary and unprompted disclosure of salary history information by an applicant;
• Any attempt by an employer to verify an applicant's disclosure of non-salary related information or conduct a background check;
• Employee positions where salary, benefits, or other compensation are determined by collective bargaining procedures; and
• Applicants who are re-hired by the employer within five years of the applicant's most recent date of termination from employment by the employer, provided that the employer already has past salary history data from the previous employment.
NoN/A
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MontanaNoN/AN/AN/AN/AN/A
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NebraskaNoN/AN/AN/AN/AN/A
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NevadaYes• Seeking an applicant's wage or salary history; or
• Relying on an applicant's wage or salary history to determine whether to hire the individual or set pay rate.
• Refusing to interview, hire, promote or employ an individual based on refusal to provide salary history; or
• Discriminating or retaliating against an applicant for failure to provide wage or salary history.
• Employers may ask an applicant about their wage or salary expectation for the position to which the applicant is applying.
• The law does not apply to certain religious organizations and 501(c)(3) tax-exempt organizations.
N/AN/A
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New HampshireNoN/AN/AN/AN/AN/A
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New JerseyYes• Screening job applicants based on their salary history; or
• Requiring that an applicant's salary history satisfy any minimum or maximum criteria.
N/AIf an applicant voluntarily discloses salary history, an employer may:

• Verify the salary history; and
• Use salary history to determine salary, benefits and compensation.

An employer may request written authorization from an applicant to confirm salary history after making an employment offer.
The law does not apply to:

• Applications for internal transfers or promotions;
• Actions taken pursuant to any federal law or regulation expressly requiring the disclosure or verification of salary history for employment purposes, or requiring knowledge of salary history to determine compensation;
• Accidental disclosures of salary history during background checks; and
• Inquiries regarding applicants' previous experience with incentive and commission plans, as long as the employer does not seek or require applicants to report information about their earnings under these plans.
N/AEmployers are not prohibited from:

• Offering or paying salary rates set by collective bargaining agreements, civil service or other laws; or
• Acquiring publicly available salary history information provided the information is not retained or considered when determining salary unless voluntarily provided.

A multistate employer may include a question seeking salary history information on an employment application so long as applicants for New Jersey positions are instructed not to answer.
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Jersey CityYes• Screening a job applicant based on salary history
• Requiring that a job applicant's salary history satisfy any minimum or maximum criteria
N/AState law appliesN/AN/A
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New MexicoNoN/AN/AN/AN/AN/A
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New YorkYes• Relying on an applicant's wage or salary history in determining whether to offer employment or in determining an applicant's wages or salary;
• Seeking, requesting or requiring, orally or in writing, an applicant's or current employee's wage or salary history as a condition:

• To be interviewed;
• Of continuing to be considered for an employment offer; or
• Of employment or promotion.


• Seeking, requesting or requiring, orally or in writing, an applicant's or current employee's wage or salary history from a current or former employer, employee or their agent; or
• Refusing to interview, hire, promote, otherwise employ or otherwise retaliating against an applicant or current employee:

• Based upon prior wage or salary history;
• Because the employee did not provide wage or salary history; or
• Because the employee, including a former employee, filed a complaint with the Department of Labor alleging a violation of this law.
N/A• Applicants and current employees may voluntarily, and without prompting, disclose or verify wage or salary history.
• An employer may only confirm wage or salary history if, at the time a job offer with compensation is made, the applicant or current employee responds to the offer by providing their prior wage or salary information to support a wage or salary higher than that being offered.
N/AN/A
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Albany CountyYes• Screening job applicants based on their wages, including benefits or other compensation, or salary history.
• Requesting or requiring an applicant, as a condition of being interviewed or continuing to be considered for an employment offer, to disclose his or her prior wages or salary history.
• Seeking an applicant's salary history from a current or former employer.
Requiring an applicant's prior wages to satisfy minimum or maximum criteria.Confirming an applicant's prior wages, benefits, other compensation or salary history:

• After extending a job offer including compensation; and
• If the applicant provides written authorization to the prospective employer.
NoN/A
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New York CityYesInquiring about an applicant's salary history.• Relying on the salary history of an applicant in determining his or her salary, benefits or other compensation during the hiring process, including contract negotiations; or
• Searching public records or reports to obtain an applicant's salary history.
• Informing an applicant about the position's proposed or anticipated salary or salary range.
• Discussing an applicant's expectations regarding salary, benefits and other compensation, including a discussion of any unvested equity or compensation that the applicant would forfeit by resigning a current position in order to accept a job offer.
• Considering salary history in determining salary, benefits and other compensation, and verifying an applicant's salary history, if the applicant voluntarily discloses salary history.
NoThe term salary history does not include any objective measure of an applicant's productivity, such as revenue, sales or other production reports.
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Suffolk CountyYes• Inquiring about a job applicant's wage or salary history, including compensation and benefits.• Relying on the salary history of an applicant for employment in determining his or her wage or salary amount at any stage in the employment process, including the offer or contract.• Taking actions pursuant to federal, state or local law that requires the disclosure or verification of salary.
• Exercising a right pursuant to a collective bargaining agreement.
NoN/A
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North CarolinaNoN/AN/AN/AN/AN/A
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North DakotaNoN/AN/AN/AN/AN/A
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OhioNoN/AN/AN/AN/AN/A
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CincinnatiYes• Inquiring about an applicant's salary history; or
• Screening job applicants based on their current or prior wages, benefits, compensation, or salary histories.
• Relying on the salary history of an applicant in deciding whether to offer employment, or in determining the salary, benefits, or other compensation for an applicant; or
• Refusing to hire or otherwise disfavoring, injuring, or retaliating against an applicant for not disclosing his or her salary history.
• Actions taken pursuant to a law specifically authorizing reliance on salary history to determine compensation;
• Applicants for internal transfer or promotion with their current employer;
• A voluntary, unprompted disclosure of salary history by an applicant;
• Background checks or verification of non-salary-related information that may reveal salary history, so long as such salary history information is not used to determine compensation or negotiate a contract;
• Applicants rehired by an employer within five years of separation, provided the employer already has the applicant's salary history for the prior period of employment;
• Positions for which compensation is determined pursuant to procedures established by collective bargaining;
• Any employer who, within three years prior to an action filed against it, received and made publicly available an external review and certification that the employer's practices do not include salary history in the hiring process; and
• Federal, state, and local political subdivisions, other than the City of Cincinnati
N/AAn employer or its agent may, without inquiring about salary history, engage in discussions with an applicant about expectations regarding salary, benefits, and compensation.
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ClevelandYes• Inquiring about a job applicant's salary history; or
• Screening an applicant based on their current or prior salary.
• Relying solely on a job applicant's salary history in deciding whether to hire the applicant or determining their salary; or
• Refusing to hire or otherwise retaliate against an applicant for not disclosing their salary history.
• Actions under a federal, state or local law that specifically authorizes reliance on salary history to determine an employee's compensation;
• Applicants for an internal transfer or promotion with their current employer;
• An applicant's voluntary and unprompted disclosure of salary history;
• An employer's attempt to verify an applicant's disclosure of non-salary related information or conduct a background check, as long as the employer does not solely rely on any salary information uncovered during the process to make a hiring or compensation decision about the applicant;
• Applicants who are re-hired by a former employer, provided that the employer already has the applicant's salary history from their previous employment;
• Positions for which the salary is determined under procedures established by collective bargaining; and
• Federal, state and local government employers other than the City of Cleveland itself.
N/AAn employer may, without inquiring about salary history, engage in discussions with an applicant about their salary expectations.
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ColumbusYes• Inquiring into an applicant's salary history;
• Screening job applicants based on current or prior pay, benefits or other compensation;
• Relying solely on an applicant's salary history in deciding whether to offer employment or determining the salary, benefits or other compensation to offer; or
• Refusing to hire or retaliating against an applicant for not disclosing salary history.
Requiring that an applicant's prior wages or salary history satisfy minimum or maximum criteria.The restriction on salary history inquiries does not apply:

• When federal, state or local law specifically authorizes an employer to rely on salary history to determine an employee's compensation;
• To applicants for internal transfer or promotion with their current employer;
• When an applicant voluntarily and without prompting discloses salary history information;
• To an employer's attempt to verify an applicant's disclosure of non-salary related information or conduct a background check;
• To applicants who are re-hired by the employer within three years of their most recent date of termination from employment by the employer, provided that the employer already has their past salary history data;
• To positions for which salary, benefits or other compensation are governed by a collective bargaining agreement; or
• To federal, state and local government employers other than the City of Columbus.
N/AWithout inquiring about salary history, an employer may engage in discussions with the applicant about salary, benefit and compensation expectations.
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ToledoYes• Inquiring about an applicant's salary history;
• Screening job applicants based on current or prior wages or salary history;
• Relying on an applicant's salary history in deciding whether to offer employment or determining salary or compensation; or
• Refusing to hire or retaliating against an applicant for not disclosing salary history.
Requiring that an applicant's prior wages or salary history satisfy minimum or maximum criteria.The restriction on salary history inquiries does not apply:

• When federal, state or local law authorizes an employer to rely on salary history to determine an employee's compensation;
• To applicants for internal transfer or promotion with their current employer;
• When an applicant voluntarily and without prompting discloses salary history information;
• To any attempt by an employer to verify an applicant's disclosure of non-salary related information or conduct a background check;
• To applicants who are re-hired by the employer within five years of their most recent date of termination from employment by the employer, provided that the employer already has their past salary history data;
• To positions for which salary, benefits or other compensation are governed by a collective bargaining agreement; or
• To federal, state and local political subdivisions, other than the City of Toledo.
N/AWithout inquiring about salary history, an employer may engage in discussions with the applicant about salary, benefit and compensation expectations.
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OklahomaNoN/AN/AN/AN/AN/A
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OregonYesAsking job applicants or employees about their salary history or seeking it from a current or former employer.• Screening applicants based on current or past compensation.
• Determining applicants' compensation based on their current or past compensation.
• Asking an applicant for written authorization to confirm prior compensation after making a job offer that includes an amount of compensation.
• Considering a current employee's compensation while he or she is being transferred, moved or hired for a new position with the same employer.
NoN/A
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PennsylvaniaNoN/AN/AN/AN/AN/A
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Lehigh CountyYesAsking a job applicant what their salary is or was from any current or previous employmentN/AN/AN/AN/A
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PhiladelphiaYesInquiring about or requiring an applicant to disclose their wage history.• Conditioning employment or consideration for an interview on the disclosure of wage history.
• Retaliating against an applicant for failing to comply with a wage history inquiry.
• Relying on the wage history of an applicant provided by a current or former employer to determine wages at any stage of the hiring process.
• Relying on the wage history of an applicant who knowingly and willingly disclosed it to the employer.
• Asking questions relevant to the setting of a future salary, such as the applicant's salary requirements or expectations, skill level and experience related to the position.
YesN/A
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Rhode IslandYes• Seeking an applicant's wage history
• Relying on an applicant's wage history when deciding whether to consider the applicant for employment or in determining the wages the applicant is to be paid upon hire
• Requiring that an applicant's prior wages satisfy minimum or maximum criteria
• Refusing to interview, hire, promote or employ an individual because the applicant did not provide a wage history or requested a wage range for the position
• Relying on an employee's voluntarily provided wage history to support a wage higher than the initial offer, provided that an unlawful pay differential does not result
• Seeking to confirm voluntarily provided wage history to support a wage higher than the initial offer
• Verifying voluntarily provided information about unvested equity or deferred compensation an applicant would forfeit by resigning from their current employer
YesN/A
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South CarolinaNoN/AN/AN/AN/AN/A
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ColumbiaNoJob applications must not inquire into wage history.N/AN/AN/AApplies to city contractors although private employers are encouraged to comply. City employers have greater restrictions with regard to wage history inquiries.
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South DakotaNoN/AN/AN/AN/AN/A
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TennesseeNoN/AN/AN/AN/AN/A
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TexasNoN/AN/AN/AN/AN/A
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UtahNoN/AN/AN/AN/AN/A
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VermontYesInquiring about or seeking information regarding an applicant's current or past compensation from either the applicant or a former employer.• Requiring that an applicant's current or past compensation satisfy minimum or maximum criteria.
• Determining whether to interview an applicant based on his or her current or past compensation.
• Discussing salary expectations or requirements.
• Providing information about the wages, benefits, compensation or salary offered in relation to a position.
• Confirming current or past compensation if:

• An applicant voluntarily discloses it; and
• A job offer with compensation is extended.
NoN/A
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VirginiaNoN/AN/AN/AN/AN/A
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WashingtonYes• Seeking a job applicant's wage or salary history, either from the applicant or the applicant's current or former employer; or
• Requiring an applicant's prior wage or salary history to meet certain criteria.
N/A• Confirming an applicant's wage or salary history if the applicant has voluntarily disclosed it; or
• Confirming an applicant's wage or salary history after the employer has negotiated with and made a job offer with compensation to the applicant.
N/AN/A
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West VirginiaNoN/AN/AN/AN/AN/A
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WisconsinNoN/AN/AN/AN/AN/A
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WyomingNoN/AN/AN/AN/AN/A
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