Job application pay questions and salary-history rightsCreateCV Editorial TeamAug 12, 20269 min read
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If an application, recruiter, or interviewer asks what you earned at a previous job, do not assume the answer is always yes or always no. In the United States, salary-history rules vary by state and jurisdiction. The job’s work location can be more important than the employer’s headquarters, especially when the hiring process takes place online or across state lines. The National Conference of State Legislatures describes salary-history protections as varying substantially across the country. You can review its broader overview of state workplace protections, but you still need to identify the location connected to the specific role.
This guide focuses on the practical question behind the search: what should you do when an employer asks about previous pay in 2026? The safest starting point is to separate three issues: where you would work, what the employer is actually asking, and what information you can offer instead. The examples below cover the 2026 California change, New York’s rules for New York-based positions, and Illinois protections and transparency requirements. They are a decision guide, not a substitute for advice about a particular dispute or employment situation.
Start with the job’s work location
Before answering a salary question, identify the location where the role is primarily based or performed. Do not begin with the company’s headquarters. A business headquartered in one state may recruit you for a position based in another state, and a remote interview does not necessarily change the location attached to the job. New York specifically states that its salary-history restrictions can apply when a position is primarily based in New York even if the interview happens virtually, by phone, or in another state. Read the New York salary-history guidance when a role is connected to New York.
Use this quick location check before completing an application or returning a recruiter’s call:
What state or jurisdiction is listed as the work location in the job posting?
If the role is remote, does the posting or recruiter identify an approved state of residence or a primary work location?
Is the role primarily based in New York, California, Illinois, or another jurisdiction with its own salary-history or pay-transparency rules?
Does the application identify a legal employer, office, or work location that differs from the company’s headquarters?
If the location is unclear, ask: “Could you confirm the work location or jurisdiction for this position?”
The location check is not a claim that every employer in a listed state follows identical rules. It is a way to determine which official guidance to read and which question to ask next. If the posting is vague, save the posting and request clarification in writing before volunteering prior compensation.
Identify what the employer is really asking
“What are your salary requirements?” and “What did you earn in your last job?” are not the same question. The first asks about your expectations for the new role. The second asks for salary history. A question about benefits, bonus, commission, equity, or total compensation may also be a request for prior compensation information rather than a simple salary question.
Read the wording carefully and classify it before responding. This distinction matters because the supplied state guidance generally permits discussion of expectations while restricting requests for past pay. California’s current Labor Code text, amended by SB 642 effective January 1, 2026, prohibits employers from seeking or relying on an applicant’s salary history while still allowing questions about salary expectations. Illinois guidance likewise says employers may discuss compensation expectations. New York allows employers to ask about salary expectations instead of salary history.
Current salary: usually a request for what you earn now, which is still prior or existing compensation information rather than a target for the new job.
Past salary: a request for what you earned at a former employer or in a previous role.
Total compensation: a request that may include wages, benefits, bonuses, commissions, or other compensation. Illinois guidance expressly includes wages, benefits, and other compensation in its restriction.
Salary expectations: what you want or need for the new role. This is different from what a former employer paid you.
Desired range: the range you would consider for the position. Frame it around the role, responsibilities, and total package rather than your pay history.
A form can also disguise the question. Look for fields such as “current compensation,” “minimum acceptable salary,” “previous annual salary,” or “total package.” If the field asks for historical compensation, take a screenshot or save a copy before deciding how to proceed. If it asks for your target, you can answer with a researched range or ask the employer to share the role’s range first.
What the 2026 rules mean in California, New York, and Illinois
California: distinguish a request from a voluntary disclosure
California’s Labor Code Section 432.3 was amended by SB 642 effective January 1, 2026. The current statute says employers may not seek or rely on an applicant’s salary history. It also requires employers with 15 or more employees to include a pay scale in qualifying job postings, and it continues to permit employers to ask about salary expectations. The California statutory text is the best source for the exact current language.
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California also creates an important practical distinction: an applicant’s unsolicited disclosure may be considered. That does not mean an employer can ask for the information or rely on it after requesting it. If you volunteer an old salary without being prompted, the statutory treatment differs from a prohibited employer request. For that reason, avoid volunteering historical pay unless you have a specific reason and understand the consequences. A voluntary target for the new role is a different type of information.
New York: remote interviews do not erase the location issue
New York prohibits employers from asking applicants about salary history, including compensation and benefits, and from obtaining that information through another source. The state permits questions about salary expectations and protects applicants from retaliation for refusing to provide salary history or raising a complaint. Its guidance also addresses the situation many remote candidates face: the restrictions can apply to a position primarily based in New York even when the interview occurs in another state or online.
Illinois: refusal and third-party requests are addressed directly
Illinois provides especially direct applicant guidance. Employers and recruiters cannot request prior wages, benefits, or other compensation. Employers cannot ask a former employer for that information, and refusing to answer cannot trigger discrimination. Illinois employers may discuss a candidate’s pay expectations. The Illinois salary-history FAQ explains these points for applicants and recruiters.
Illinois also has a pay-transparency requirement for covered employers with 15 or more employees: job postings for Illinois work must include the pay scale and benefits. If there is no posting, an applicant can request the pay scale and benefits before an offer is made or compensation is discussed. The Illinois Department of Labor’s salary-transparency guidance also describes policy information effective January 1, 2026, under which anonymous pay-transparency complaints may be treated as reports. Do not assume that the Illinois, New York, and California rules are interchangeable. For example, California permits an unsolicited disclosure to be considered, while Illinois says voluntarily disclosed prior pay cannot be used as a factor in deciding whether to hire or what compensation to provide.
How to respond without disclosing prior pay
A short, calm answer is usually more useful than a long explanation. You can decline the historical question, redirect to the role, and ask for the employer’s range. The goal is to provide relevant information about your expectations without turning your previous compensation into the reference point.
General redirect: “I’m happy to discuss the range I’m targeting for this role, but I don’t disclose prior compensation.”
If asked for current salary: “My current compensation is not the basis for my expectations here. Could we discuss the budgeted range for the position?”
If asked for total compensation: “I keep past salary and benefits private. For this role, I’m targeting a package in the range of [your target range], depending on responsibilities and benefits.”
If the employer asks why you refused: “I’m focused on the value and scope of this position. I’m glad to explain the experience I would bring and discuss expectations for the role.”
If the application requires a historical number: “I do not provide salary history. I’m happy to provide my expectations for this position or review the posted pay scale.”
If the location is unclear: “Before I answer, could you confirm which state or jurisdiction governs the primary work location?”
Do not describe a salary expectation as a past salary. If you provide a range, label it clearly as your target for the new position. You can also ask whether the range includes base pay only or other compensation, but avoid converting the conversation into a history of every former benefit or bonus. The supplied guidance supports discussing expectations; it does not require you to disclose a previous package in order to state a target.
If the employer has published a range, use it as the starting point for your response. If no range appears, ask for one where the applicable rule supports that request. In Illinois, an applicant can request the pay scale and benefits when no posting exists before an offer or compensation discussion. In California, qualifying postings from employers with 15 or more employees must include a pay scale. These are more useful reference points than a former employer’s pay when the law and facts support using them.
Documentation is most useful when it preserves the original wording and context. A message saying “What are your expectations?” is different from one saying “What did your last employer pay you?” Keep those messages separate, and do not edit screenshots. If the employer’s headquarters, recruiter, and work location are in different states, record each one. That information can help you apply the correct location-based framework.
For help presenting your target clearly, you can compare relevant resume examples and review cover letter examples. Those resources are separate from salary-history rights, but they can help you emphasize role-relevant experience instead of past compensation.
The practical answer to “Can an employer ask your salary history?” is therefore location-specific. First identify where the job is based. Then determine whether the question concerns past pay or future expectations. If it concerns history, decline briefly and redirect to the role’s range or your target. Finally, preserve the posting and communications, especially when the question appears inconsistent with the rules connected to the job location. California, New York, and Illinois show why a careful 2026 response should distinguish prohibited requests, permitted expectation questions, voluntary disclosures, and pay-transparency duties rather than treating every state’s rule as identical.