A job interview can get uncomfortable when the conversation turns to money. If an interviewer asks what you earned at your last job, you may feel pressure to answer because you do not want to hurt your chances. New York law limits those questions, allowing applicants to focus on what the new position should pay instead.
Pay questions employers cannot ask
New York Labor Law Section 194-a generally bars employers from asking about an applicant’s wage or salary history. The restriction covers past compensation and benefits, whether the employer asks orally, in writing or through someone else.
An employer also cannot contact a former employer to obtain that information. Nor can it use your past pay to decide whether to interview you, hire you or set your compensation.
Salary expectations employers can discuss
The salary-history ban does not prevent a normal conversation about what you want to earn. An employer may ask about your salary expectations, and you can discuss the range you would consider acceptable. The distinction is simple. “What did your last job pay?” looks backward. “What salary are you seeking?” focuses on the role in front of you.
Workers protected by New York’s salary-history law
The law covers applicants seeking jobs primarily based in New York, even if the employer operates elsewhere or interviews you remotely. Part-time, seasonal and temporary applicants also receive protection.
Current employees have protections in some situations. An employer cannot require you to disclose pay from another job as a condition of considering you for a promotion. Independent contractors and freelancers generally fall outside the law unless they work through an employment agency.
When you share past pay during negotiations
You may disclose your salary history voluntarily and without prompting. Mentioning previous pay can sometimes support a request for a higher offer.
Once you volunteer that information, an employer may consider it. However, the employer may confirm your salary history only in limited circumstances. Verification can occur after the employer makes an offer with compensation and you use prior pay to support a request for more.
Protection from retaliation for refusing to answer
An employer cannot refuse to interview, hire or promote you because you declined to provide salary history. The law also protects applicants and employees who complain about a possible violation.
If the question affects a hiring or promotion decision, keep emails, application forms and notes about the conversation. Those details can help you understand whether the situation involves workplace retaliation.
Pay questions to prepare for before an interview
Before your next interview, decide what compensation you want based on the new role rather than your old paycheck. That gives you a clear way to redirect the conversation if someone asks about past earnings.
If a question feels improper, note who asked it, what they said and what happened afterward. Preparing in advance can help you discuss pay without letting an old salary define your next opportunity.
